Bibliografias temáticas / Appellate procedure – United States – Cases

Literatura científica selecionada sobre o tema "Appellate procedure – United States – Cases"

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Publicado: 26 de julho de 2024
Última modificação: 27 de julho de 2024

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Artigos de revistas sobre o assunto "Appellate procedure – United States – Cases"

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BESHKAR, MOSTAFA, e ADAM S. CHILTON. "Revisiting Procedure and Precedent in the WTO: An Analysis ofUS – Countervailing and Anti-Dumping Measures (China)". World Trade Review 15, n.º 2 (1 de fevereiro de 2016): 375–95. http://dx.doi.org/10.1017/s1474745615000683.

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AbstractAfter not applying countervailing duty (CVD) law against non-market economies (NMEs) for two decades, the United States opened a CVD investigation against China in 2006. After extensive litigation, a US appeals court ruled that it was illegal to apply CVD law to NMEs. While that ruling was being appealed, the US Congress passed legislation stipulating that the application of CVD law to NMEs starting in 2006 was legal. China challenged this legislation at the WTO. The dispute resulted in a ruling that left open the possibility that the legislation violated the GATT, as well as a finding that the United States must investigate its application of countervailing and antidumping duties against China. This dispute has implications for a number of current WTO debates including: whether Appellate Body rulings create a binding precedent, whether the Appellate Body should have authority to remand cases, and what information should be required in panel requests.
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Widiatedja, I. Gusti Ngurah Parikesit, e Mohammad Qadam Shah. "Paralyzing the WTO from the Inside: The Deadlock of the Appointment of Appellate Body Judges and its Repercussions". Jurnal IUS Kajian Hukum dan Keadilan 10, n.º 2 (23 de agosto de 2022): 289–302. http://dx.doi.org/10.29303/ius.v10i2.1093.

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The establishment of the dispute settlement procedure that consists of the Panel Report and the Appellate Body has been the most remarkable characteristic of the World Trade Organization. Beside the most productive international dispute resolution process, it has consistently adopted a rule-oriented procedure in enforcing the commitments made during trade negotiations. Since the last five years, however, the dispute settlement process has confronted an existential crisis. While conflict resolution through consultations and panels continues, the process under the Appellate Body is forced to stop. The United States has impaired the appointment of additional judges to this body, preventing it from obtaining the quorum required to hear appeals. By employing a normative research, this paper aims to identify and analyze the deadlock of the appointment of the Appellate Body judges and its repercussions for international trade governance, including Indonesia. This deadlock could jeopardy the viability of global trading system as there would be no proceeding to hear the dispute at the appellate level. Some cases that involved Indonesia would also be affected, particularly if the parties are willing to continue this process to the Appellate Body.Â
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Lévesque, Céline. "Influences on the Canadian FIPA Model and the US Model BIT: NAFTA Chapter 11 and Beyond". Canadian Yearbook of international Law/Annuaire canadien de droit international 44 (2007): 249–98. http://dx.doi.org/10.1017/s0069005800009036.

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SummaryIn recent years, Canada and the United States have modified their model bilateral investment treaties (BITs). If NAFTA Chapter 11 cases have provided the new lens through which investment issues are considered, the solutions to problems experienced in this context have come from different sources. This article explores three influences on the model BITs: the NAFTA Free Trade Commission's interpretation and statements, World Trade Organization law and cases, and US domestic law and principles. A range of interpretation issues is raised, from the effects of changes in wording in successive treaties, to the “transferability” of law across systems (international and domestic), to the use of arbitral awards as precedent. Issues of a systemic nature are also raised, including attempts at limiting the discretion of arbitral tribunals through state interpretations, the possibility of creating an appellate mechanism, and a push for expedited preliminary procedures. The article illustrates the fast-paced evolution of international investment law and highlights the influence of the United States on this evolution.
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Vázquez, Carlos M. "Volkswagen Aktiengesellschaft v. Schlunk". American Journal of International Law 82, n.º 4 (outubro de 1988): 816–20. http://dx.doi.org/10.2307/2203516.

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In this first decision by the United States Supreme Court on the scope and application of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, better known as the Hague Service Convention, petitioner, a West German company, challenged the respondent’s attempt to serve process on petitioner by serving its wholly owned U.S. subsidiary in accordance with the state’s rules rather than pursuant to the procedures of the Convention. The Circuit Court of Cook County, Illinois, found that the relationship between the German parent and the U.S. subsidiary was such that, under state-law rules of agency, the U.S. subsidiary was the parent’s involuntary agent for service of process. Because service could thus be perfected entirely within the United States, the court held that it was not necessary to follow the procedures of the Hague Service Convention. The Illinois Appellate Court affirmed, and the Illinois Supreme Court denied leave to appeal. The U.S. Supreme Court (per O’Connor, J.) affirmed and held: (1) the Hague Service Convention is “mandatory” and preempts inconsistent state-law methods of service in all cases to which it applies; (2) the Convention applies where there is occasion to transmit a document abroad to charge persons with formal notice of a pending action; and (3) whether it is necessary to transmit a document abroad for such purposes is determined by the forum state’s internal law.
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Koops, Catharina E. "Suspensions: To Be Continued The Consequences of the Appellate Body Report in Hormones II WTO Appellate Body Report, 16 October 2008, WT/DS320/AB/R & WT/DS321/AB/R, United States & Canada - Continued Suspension of Obligations in the EC - Hormones Dispute". Legal Issues of Economic Integration 36, Issue 4 (1 de novembro de 2009): 353–68. http://dx.doi.org/10.54648/leie2009024.

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In October 2008, the WTO Appellate Body (AB) issued its report on Hormones II, marking the next stage in the long-running Hormones case. This comment discusses the AB’s findings on the matter. It outlines how the AB has shown the correct procedural avenue for cases involving compliance panels, regarding the standard of review, burden of proof and the use of Article 21.5 DSU. In particular, the AB resolves the hitherto unanswered question of how to handle cases concerning the compliance of implementing measures in the post suspension stage. However, some important consequences of the report involve the choice of scientific experts in SPS cases, and the use of the so-called carousel technique by parties that are allowed to suspend concessions. This comment shows how these issues may pose serious threats to the objectiveness of panel procedures, as well as the security and predictability of the multilateral trading system.
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Beckerle, Sebastian. "Stare Decisis in the WTO Dispute Settlement Procedure: A Response to the Trump Administration’s Criticism". Global Trade and Customs Journal NULL, NULL (1 de dezembro de 2019): 513–16. http://dx.doi.org/10.54648/gtcj2020063.

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The United States’ refusal to reappoint judges to the WTO Appellate Body will potentially render the appellate mechanism functionless at the end of this year. One of the alleged justifications provided by the Trump Administration – the treatment of previous Appellate Body reports as precedent – is the subject of this article. By examining the WTO legal framework as well as relevant case law, the paper demonstrates that the criticism in this regard is unjustified, and instead rather serves to conceal the dissatisfaction with consecutive negative decisions by panels and the Appellate Body, dismantling protectionist US measures.
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Beckerle, Sebastian. "Stare Decisis in the WTO Dispute Settlement Procedure: A Response to the Trump Administration’s Criticism". Global Trade and Customs Journal 14, Issue 11/12 (1 de dezembro de 2019): 513–16. http://dx.doi.org/10.54648/gtcj2019069.

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The United States’ refusal to reappoint judges to the WTO Appellate Body will potentially render the appellate mechanism functionless at the end of this year. One of the alleged justifications provided by the Trump Administration – the treatment of previous Appellate Body reports as precedent – is the subject of this article. By examining the WTO legal framework as well as relevant case law, the paper demonstrates that the criticism in this regard is unjustified, and instead rather serves to conceal the dissatisfaction with consecutive negative decisions by panels and the Appellate Body, dismantling protectionist US measures.
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PRUSA, THOMAS J., e EDWIN VERMULST. "United States – Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand: a cat in the bag". World Trade Review 11, n.º 2 (abril de 2012): 257–71. http://dx.doi.org/10.1017/s1474745612000018.

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AbstractThis paper analyzes the dispute between Thailand and the United States regarding the method of calculating the anti-dumping duty on polyethylene retail carrier bags from Thailand. In December 2006, after a series of WTO Appellate Body reports, the United States ceased zeroing in original investigations. The United States implemented the policy change prospectively, that is only for future cases. Consequently, the margins in this case remained unchanged because they had been calculated in 2004. Thailand challenged the United States' use of zeroing in the final determination. The US did not contest the claim. The Panel confirmed that zeroing was used and, following the long line of Appellate Body rulings, found the United States' practice inconsistent with Article 2.4.2 of the Anti-Dumping Agreement. After the Panel Report was adopted, the United States retroactively applied the policy change to the facts of this case and recalculated the margins without zeroing. The relative simplicity of the panel proceeding and the United States' willingness to amend the calculations following the adoption of the Panel Report may invite other WTO members to pursue a similar course of action in instances where their exporters have been subjected to US zeroing.
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DAVEY, WILLIAM J., e ANDRÉ SAPIR. "United States – Subsidies on Upland Cotton Recourse to Article 21.5 by Brazil, WT/DS267/AB/RW (2 June 2008)". World Trade Review 9, n.º 1 (janeiro de 2010): 181–99. http://dx.doi.org/10.1017/s1474745609990292.

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AbstractTwo of the four issues in this Appellate Body Report concerned the proper scope of Article 21.5 DSU compliance panel proceedings; the other two issues concerned the Appellate Body's review of the Panel's use of evidence. On the Article 21.5 issues, the Appellate Body essentially ruled that an Article 21.5 compliance proceeding could evaluate the WTO consistency of: (i) the entirety of an implementation measure (including parts of the measure that did not specifically implement DSB recommendations and rulings) and (ii) new subsidy grants made under a program in respect of which prior subsidy grants had been found to cause serious prejudice so as to determine whether the new grants also resulted in serious prejudice. On the evidentiary issues, the Appellate Body upheld the Panel's conclusions, although it modified certain of the Panel's reasoning. Probably the most interesting aspect of the case was the substantial deference showed by the Appellate Body to the Panel's consideration of causation and non-attribution issues. This deference was striking compared to the lack of deference that the Appellate Body has given to national authorities on those issues. We detect, however, a welcome interest on the part of the Appellate Body to require the use of analytical tools on the part of panels evaluating serious-prejudice cases.
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Totten, Christopher, e James Purdon. "A Content Analysis of Post-Jones Federal Appellate Cases". New Criminal Law Review 20, n.º 2 (2017): 233–308. http://dx.doi.org/10.1525/nclr.2017.20.2.233.

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The United States Supreme Court in 2012 in United States v. Jones changed the legal test for what constitutes a police search under the Fourth Amendment. After Jones, a search occurs when: (1) an individual’s privacy rights are violated (“Katz” test); and/or (2) an individual’s property is trespassed upon (“Jones” test). From 1967 until Jones, only the Katz test was used. In light of this significant change, this study explores two questions using a content analysis approach: (1) the choice of legal test used by federal appellate courts to decide the “search” question (i.e., the Jones test, Katz test, or both tests), and (2) these courts’ holding regarding whether a “search” occurred. Most of these courts are relying upon Jones in some fashion; however, Jones has not prevented these courts from frequently applying Katz. Though reliance on Jones alone has led to uniform determinations by courts of a “search” and hence enhanced Fourth Amendment protections, overall post-Jones there are nearly an equal number of courts finding a “search” and “no search.” When courts apply Katz alone to evaluate a search, they have held no search occurred. In sum, Jones’ impact on Fourth Amendment search law has been incremental and gradual.
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Mais fontes

Teses / dissertações sobre o assunto "Appellate procedure – United States – Cases"

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Law, William L. "An argument advocating reform in the appellate process of U.S. capital cases". Honors in the Major Thesis, University of Central Florida, 2000. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/197.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Arts and Sciences
Political Science
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Reeves, Susan Kay. "Decision-Making at the Court of Appeals Level Involving Religious Liberty Cases". Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3319/.

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Many studies have been completed on factors affecting judicial decisions. Studies have focused on civil rights cases, economic cases, criminal cases, sexual discrimination and obscenity cases, but no work has specifically looked at religious liberty cases. This work examines the factors affecting United States Courts of Appeals judges' decision-making in religious liberty cases. I hypothesize that gender, race, religious background, prior judicial experience, circuit, region and litigant status will all influence the way judges vote in religious liberty cases. The explanatory power of this study is relatively low, but the results indicate that judges follow the law when making decisions in religious liberty cases.
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Livros sobre o assunto "Appellate procedure – United States – Cases"

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Bentele, Ursula. Appellate advocacy: Principles and practice. 5a ed. New Providence, NJ: LexisNexis, 2012.

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Judiciary, United States Congress Senate Committee on the. Selection of cases in the Supreme Court: Report (to accompany S. 952). [Washington, D.C.?: U.S. G.P.O., 1988.

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United States. Supreme Court. Federal rules of civil procedure: With selected statutes and cases, 1989. Boston: Little, Brown, 1989.

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Glannon, Joseph W. Civil procedure: A coursebook. New York: Wolters Kluwer Law & Business, 2014.

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Civil procedure: Examples and explanations. 4a ed. Gaithersburg: Aspen Law & Business, 2001.

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Glannon, Joseph W. Civil procedure: Examples and explanations. 2a ed. Boston: Little, Brown, 1992.

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Civil procedure: Examples and explanations. Boston: Little, Brown, 1987.

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Dunner, Donald R. Court of Appeals for the Federal Circuit, practice and procedure: Appeal and review of patent and trademark cases. New York: LEXIS Pub., 1985.

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Lyn, Entzeroth, ed. Capital punishment and the judicial process. 4a ed. Durham, N.C: Carolina Academic Press, 2012.

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Lyn, Entzeroth, ed. Capital punishment and the judicial process. 3a ed. Durham, N.C: Carolina Academic Press, 2006.

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Capítulos de livros sobre o assunto "Appellate procedure – United States – Cases"

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Petersmann, Ernst-Ulrich. "Rule of Law and Human Rights in Investment Arbitration—Need for Judicial Reforms". In Transforming World Trade and Investment Law for Sustainable Development, 242—C7.N79. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192858023.003.0008.

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Abstract Chapter 7 discusses the need for reforming investment law and arbitration and the problems which bilateral WTO appellate arbitration could pose for the coherence of world trade law. Like international trade law, the historical evolution of investor–state arbitration reflects conflicting neo-liberal, state capitalist, and ordo-liberal conceptions of economic law. Case studies demonstrate that even if human rights were invoked as investor claims, as defences of the host state, by third-party interveners or by arbitrators ex officio, the impact of human rights law on arbitration awards tended to remain marginal, for example due to the more precise and higher investment protection standards in investment treaties. The investor biases in investment treaties and arbitration (e.g. offering foreign investors higher protection standards than domestic investors) require procedural and substantive reforms like stronger protection of public interest legislation in investment law and arbitration procedures. Yet, it remains doubtful whether the United States and China will give up their past resistance against EU proposals for transforming the multilateral arbitration procedures of the International Center for the Settlement of Investment Disputes and of the UN Commission on International Trade Law (UNCITRAL) into new forms of public law adjudication by multilateral investment courts.
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Aghion, Philippe, Oliver Hart e John Moore. "Improving Bankruptcy Procedure". In Entrepreneurial Economics, 153–76. Oxford University PressNew York, NY, 2002. http://dx.doi.org/10.1093/oso/9780195150285.003.0011.

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Abstract There is a widespread dissatisfaction with bankruptcy procedures throughout the world. Bankruptcy reform is being actively considered in the United Kingdom and France and is in the air in the United States. East European countries that must select a bankruptcy law for their new capitalistic economies have had a hard time making the choice and, in some cases, dissatisfied with their original decisions, they are already making changes. Russia has recently implemented a bankruptcy law that seems complex and apparently suffers from many of the disadvantages of Western procedures.
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Friedman, Lawrence M. "Procedure and Practice: An Age of Reform". In A History of American Law, 373–90. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190070885.003.0012.

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This chapter discusses procedural reform in the second half of the nineteenth century, covering the Field Code, appellate courts, and codification and reform. The year 1848 is considered by some lawyers and historians as a time of procedural revolution, although perhaps a mild one. In that year, New York passed an “act to simplify and abridge the Practice, Pleadings, and Proceedings of the Courts.” This was a full-blown Code of Civil Procedure, radically new at least in appearance. The Code is often called the Field Code, after David Dudley Field, who did more than anyone else to devise it and get it enacted. The Field Code also served as a catalytic agent for procedural reform in other parts of the United States.
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"Orientalizing Procedure". In A Guide to Civil Procedure, editado por Brooke Coleman, Suzette Malveaux, Portia Pedro e Elizabeth Porter, 51–57. NYU Press, 2022. http://dx.doi.org/10.18574/nyu/9781479805938.003.0007.

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When United States federal courts decide cases, particularly those involving international elements, they are simultaneously constructing an “Other” jurisdiction. This jurisdiction is a repository for the features of law and courts that US courts reject. Hence, in creating this Other, the federal courts construct themselves. Conceptions of the foreign have been pivotal to helping craft a vision, and a doctrine, of our courts—who they serve and how. In procedural doctrine, the foreign has played a foil, helping to draw and redraw the procedural lines and to remake procedural values. In this chapter, the author draws on Edward Said’s concept of Orientalism to capture this process of self-understanding and self-justification through one’s definition against an imagined Other. More specifically, the chapter focuses on the US Supreme Court’s conception of the foreign as legal Other, through which the Court defines the parameters of US courts and procedure, as well as the procedural values that the courts will seek to vindicate.
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Mann, F. A. "The Foreign Act of State". In Notes and Comments on Cases in International Law, Commercial Law, and Arbitration, 256–57. Oxford University PressOxford, 1992. http://dx.doi.org/10.1093/oso/9780198257981.003.0074.

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Abstract Althouh the doctrine of the sacrosanctity of the foreign Act of State is sometimes thought to have its origin in England, this is clearly not so. Blad v. Banfield (1674) 3 Swan. 603 cannot be described as establishing any legal principle and Duke of Brunswick v. King of Hanover (1848) 2 HL Cas. 1 was a case of personal immunity. In truth the doctrine originates in the United States, as Luther v. Sagar & Co. [1921] I KB 532 makes abundantly clear. And it was in the United States that the doctrine began to expand in a wholly unprincipled fashion. Thus it was said that it required courts to refrain from decision, when the legislative and executive branches of government were better equipped to resolve politically sensitive questions or when the action involved an attack upon or criticism of the motivation of a foreign State’s conduct. In Buttes Gas and Oil Co. v. Hammer [1982] AC 888, that singular case in which an Appellate Commit¬ tee of the House of Lords granted leave to appeal six years after another Appellate Committee had refused it, Lord Wilberforce was influenced by American cases which had expressed views based on such an extension of the so-called principle; in fact he cited them in support of the striking out of a claim for damages for conspiracy between the plaintiffs and the Ruler of Sharjah.
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Wiecek, William M. "Murdock v. Memphis: Section 25 of the 1789 Judiciary Act and Judicial Federalism". In Origins Of The Federal Judiciary, 223–47. Oxford University PressNew York, NY, 1992. http://dx.doi.org/10.1093/oso/9780195067217.003.0008.

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Abstract The nineteenth-century history of Section 25 of the Judiciary Act of 1789 constituted one of the most important chapters in the evolution of American federalism. Tracing its origins to the controversies surrounding the creation of the federal court system in 1787 and J789, Section 25 served as the primary focus for competing theories of the federal union throughout the antebellum and Reconstruction periods. In the 1875 case of Murdock v. Memphis, that history came to a close. Ironically, though, just as the United States Supreme Court staved off a revolution in federalism almost accomplished by the 1867 re-enactment of Section 25, Congress finally got around to conferring plenary jurisdiction over federal questions on the national courts. Section 25 of the first Judiciary Act, which gave appellate juris diction over federal-question cases to the United States Supreme
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Lerner, Renée Lettow. "Jury control and avoidance". In The Jury: A Very Short Introduction, 110—C7P54. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/actrade/9780190923914.003.0008.

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Abstract This chapter addresses ways that legal systems deal with the limitations of juries, either by controlling them or avoiding them. England had a separate legal system, called equity in the Court of Chancery, that used a juryless procedure to decide complicated cases. In the United States in civil cases, pretrial discovery of evidence encourages parties to settle before jury trial, and sometimes judges can award summary judgment without a jury. Almost all countries have virtually abolished civil juries, except the United States. English and American methods of jury control include the law of evidence, judicial instructions on law, and judicial comment on evidence. Appeal of decisions can be a powerful control. In criminal cases, many countries have developed ways around jurors, including abbreviated procedures such as plea bargaining. In the United States, both civil and criminal jury trials are now rare. Some countries have abolished jury trials in all cases.
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Fletcher, Neoshia R. "Procedure and Indian Children". In A Guide to Civil Procedure, 85–94. NYU Press, 2022. http://dx.doi.org/10.18574/nyu/9781479805938.003.0011.

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The transsubstantivity of the federal rules was meant to infuse equality into the civil litigation system. However, as this chapter contends, procedural justice is more important than mere procedural symmetry. Only those cases that are truly the same should be treated as such. This chapter highlights an example of procedural justice in the child welfare system: the procedural rules of the Indian Child Welfare Act of 1978 (ICWA). This statute provides much-needed relief in state child welfare systems across the United States that fail to holistically account for historical and contemporary traumas of many Indian children and their families. The ICWA provides procedural features tailored to this population when dealing with foster care placements, guardianships, adoption, and more. For example, in response to the tragic history of federally sanctioned removal of Indian children from their families and communities and the consequent near cultural genocide for many tribes, the ICWA gives tribes original jurisdiction and the power to determine child placement outcomes involving Indian children. Moreover, while the Federal Rules of Civil Procedure are normally transsubstantive, they are superseded by those in the ICWA where applicable. These are just some of the ways in which the ICWA imposes procedural mechanisms that are more just for Indian children in child welfare proceedings. This chapter demonstrates how the ICWA has served as a model for child welfare in Minnesota, which has gone even further in its shift toward procedural justice.
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Conte, Paola M., e Gary A. Walco. "Pain and Procedure Management". In Comprehensive Handbook of Childhood Cancer and Sickle Cell Disease. Oxford University Press, 2006. http://dx.doi.org/10.1093/oso/9780195169850.003.0012.

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Pediatric cancer treatment has seen an incredible increase in survival rates, so that, overall, 75% of children diagnosed with cancer will achieve longterm survival and cure (Ries et al., 2003). An estimated 9,000 new cases of childhood cancer are expected to occur each year (American Cancer Society, 2003), among which one third involve leukemia and one quarter involve a central nervous system (CNS) tumor. Other diagnoses include lymphoma, sympathetic nerve tumor, soft tissue sarcoma, bone tumor, germ cell tumor, and retinoblastoma (Gustafsson, Langmark, Pihkala, Verdier, & Lilleaas, 1998). Although less than 1% of all cancer cases are children (Stiller & Draper, 1998), pediatric cancer causes more deaths among children in industrialized nations than any other disease and after accidents is the leading cause of death among children 1–14 years of age (American Cancer Society, 2003). Improvement in survival rates is the result of increasingly aggressive treatment protocols. With these advances, however, has come greater need for supportive care to address the array of treatment adverse side effects, including pain (Gustafsson et al., 1998). In the United States, 94% of children are treated at centers that are members of a collaborative clinical trials research consortium (American Cancer Society, 2003), implying that treatment protocols, including approaches to preventing and managing adverse side effects, are the norm. To a great degree, however, management of pain has been exempt from this standardized and rigorous approach. This is somewhat ironic and unfortunate as children with cancer reported pain to be the most feared symptom they experience (Enskar, Carlsson, Golsater, Hamrin, & Kreuger, 1997). Undertreatment of pain in children is hardly unique to the cancer population (Schechter, Berde, & Yaster, 2003), and is generally because of limited information available to clinicians, persistence of misinformation about pain in children, and attitudes that denigrate adequate pain management. For example, there is a lack of research on pharmacological interventions for pain in children. Although it is agreed that randomized clinical trials for pain prevention and management would be helpful to address issues of safety, efficacy, pharmacodynamics, and pharmacokinetics in pediatrics, the pragmatics and ethics of such research, especially in very young children, have limited such progress (Berde, Brennan, & Raja, 2003).
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Kloppenberg, Lisa. "Life on the Bench". In The Best Beloved Thing is Justice, 59–80. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197608579.003.0006.

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This chapter covers Dorothy Wright Nelson’s transition to the federal bench. A proponent of merit selection, she worked with national leaders to open the doors for more women and minorities to become federal judges before President Carter appointed her as one of the early female federal appellate judges in the United States. She relished the opportunity to employ her ideas about court reform and alternatives to litigation at the U.S. Court of Appeals for the Ninth Circuit. She won awards for her progress in making mediation and other alternatives available in the federal courts. She improved efficiencies within the Ninth Circuit, helping to reduce a significant backlog of cases. She became a leader among the judges, building community within the Ninth Circuit because of the way she treated judges, lawyers, law clerks, and civil servants and the opportunities she brought them.
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Trabalhos de conferências sobre o assunto "Appellate procedure – United States – Cases"

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XU, GUANGZHAO. "SHOCK AND REACTION: THE DILEMMA AND SOLUTION OF WTO APPELLATE BODY". In 2023 9TH INTERNATIONAL SYMPOSIUM ON SOCIAL SCIENCE. Destech Publications, Inc., 2023. http://dx.doi.org/10.12783/dtssehs/isss2023/36073.

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The Appellate Body of the World Trade Organization (WTO) is an important part of the dispute settlement mechanism of the WTO, which is very important for the handling of dispute cases and the normal operation of multilateral trade. However, due to the defects of WTO mechanism and the fact that the number of members of the Appellate Body is too small, the Appellate Body cannot operate at present. In order to solve the crisis as soon as possible, the EU, the United States, China and other important subjects of international economic law have put forward various solutions individually or jointly. But so far, there is no consensus plan for the reform of the Appellate Body. On the basis of integrating different national programs, this paper proposes another reform plan for the appellate body, which includes increasing the number of members of the appellate body, setting up a transition period and establishing a special enforcement and supervision body. Meanwhile, it is proposed to establish a new dispute settlement mechanism integrating "litigation arbitration and mediation enforcement" in order to replace the original mechanism and better promote the stable and long-term development of world economy and trade.
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Yeh, Victoria, C. Alberto Figueroa, Andrea Les, Jacqueline P. Ho, Ronald Dalman e Charles A. Taylor. "Using Computational Fluid Dynamics to Design and Optimize a Novel Endovascular Procedure for Carotid Stenosis Repair". In ASME 2008 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2008. http://dx.doi.org/10.1115/sbc2008-193042.

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The carotid arteries, located in both sides of the neck, are critical to supplying oxygenated blood to the brain. Over time, atherosclerotic plaque may accumulate in these vessels, causing them to narrow, which results in a reduced cerebral blood supply. This condition is known as carotid artery stenosis. In addition, small pieces of this plaque may become dislodged and travel to the brain, resulting in a stroke. Seven hundred thousand Americans suffer a stroke in the United States each year, and 150,000 cases are fatal, making it the third leading cause of death in the United States.
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Lawlor, Michael, Eamon Kavanagh, Pierce Grace, Tim McGloughlin e Michael Walsh. "Strength of Atherosclerotic Plaque in Carotid Artery". In ASME 2009 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2009. http://dx.doi.org/10.1115/sbc2009-206598.

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Atherosclerotic disease in the carotid artery is a high risk factor for stroke. Stroke is the third-leading cause of death, constituting approximately 700,000 cases each year in the United States [1]. The susceptibility of atherosclerotic plaque to rupture during the carotid angioplasty and stenting (CAS) procedure [2] makes it necessary to determine the force the plaque can withstand without the risk of embolisation.
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Hott, Morgan E., Richard M. Beane, Cliff Megerian e Lawrence J. Bonassar. "Injection Molding of Tissue Engineered Tympanic Membrane Patches Utilizing Computer-Aided Design". In ASME 2001 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2001. http://dx.doi.org/10.1115/imece2001/bed-23151.

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Abstract Over two million tympanostomy tubes are inserted annually in the United States, making this the most commonly performed of all surgical procedures (Isaacson 1996). In approximately 10% of cases the patient treated with tympanostomy tubes is left with a permanent perforation of the tympanic membrane that requires surgical repair. Current surgical technique involves grafting of an autologous tissue such as temporalis fascia or tragal cartilage to the perforated membrane (Paterson 1999). This is an involved surgical procedure requiring general anesthesia. We propose tissue engineering an autologous cartilage tympanic membrane patch. If successful this approach has the potential to transform an operating room procedure to an office procedure. This would provide tremendous healthcare savings, and potentially obviate the need for tens of thousands of children to undergo general anesthesia.
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Buganza, Adrian, Jonathan Wong e Ellen Kuhl. "Finite Element Modeling of Mechanically Driven Skin Growth due to Different Expander Geometries". In ASME 2011 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2011. http://dx.doi.org/10.1115/sbc2011-53099.

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Tissue expansion has become an important technique used in breast reconstruction after mastectomy and for repairing large damaged skin areas such as burns [1]. According to the National Cancer Institute, the estimated number of breast cancer cases in 2010 in the United States was 207,090 [2]. Many of these women underwent mastectomies, and tissue expanders were used for breast reconstruction as a common procedure afterwards. Even though several studies from clinical and experimental points of view have been presented, there is still a poor understanding of the mechanobiological procedures occurring during skin growth. In particular, it is of interest to determine the effect of expanders with different geometries in strain, stress, and area gained during expansion.
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Price, Christopher R., e Bryan P. Rasmussen. "Effective Tuning of Cascaded Control Loops for Nonlinear HVAC Systems". In ASME 2015 Dynamic Systems and Control Conference. American Society of Mechanical Engineers, 2015. http://dx.doi.org/10.1115/dscc2015-9806.

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Residential and commercial buildings are large consumers of energy in the United States with Heating, Ventilation, and Air-Conditioning (HVAC) systems representing a significant portion of total use. These systems control aspects such as humidity and room air temperature to ensure building occupant comfort. Control of HVAC units presents unique challenges due to large nonlinearities heavily dependent on operating conditions. Static linear controllers are unable to counteract such nonlinearities resulting in sustained oscillations known as hunting behavior. Previous research has shown the ability of cascaded architectures to compensate for HVAC nonlinearities and improve overall system performance without the need for detailed dynamic models. To aid the implementation of cascaded loops on real building systems, analysis of the effects of inner loop gain are presented and three outer loop tuning cases are identified. A simulation case study of an air handling unit demonstrates the simplicity of the procedure and compares it with optimally tuned gains.
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Hunter, ChaKaria, Marco Cesante, Sheng Xu, Bradford J. Wood e Reza Seifabadi. "Sensor-Less Fully Transperineal Fusion-Guided Prostate Biopsy". In 2017 Design of Medical Devices Conference. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/dmd2017-3356.

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Prostate cancer is the most common male cancer in the United States with an estimated 181,000 new cases and 26,000 deaths in 2016 [1]. Transrectal ultrasound (TRUS) guided biopsy is the gold standard for definitive diagnosis in which the imaging and needle insertion are both done transrectally. Since ultrasound guidance results in insufficient sensitivity of prostate cancer diagnosis (40–60%), fusion of preoperative MRI with real-time US has been proposed to increase the sensitivity (∼ 90%). Transperineal biopsies have recently gained attention using a brachytherapy grid to biopsy through the perineum rather than the rectum, practically eliminating the possibility of infection. To enable MR-US fusion, electromagnetic tracking system is commonly used to make a 3D volume out of a stack of 2D US images acquired during an initial sweep of prostate. The EM tracking however is somewhat undesirable as it adds to the cost of the procedure and is prone to inaccuracies. Therefore, in this study, we propose a method that eliminates the need for such external tracking devices and inserts the needle transperineally thus reducing infection risks. Also, the procedure is more comfortable to the patient since the TRUS probe is eliminated. A patient specific grid template is designed based on the MR image of the patient.
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Ahmad, Asad, Nathan Gallant, Rasim Guldiken e Onursal Onen. "Surface Functionalization of an Ovarian Cancer Diagnostic Biosensor". In ASME 2011 International Mechanical Engineering Congress and Exposition. ASMEDC, 2011. http://dx.doi.org/10.1115/imece2011-64311.

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Ovarian cancer is the fifth leading cause of death among women in United States and the disease has 1.4% (1 in 71) lifetime risk. Patients with ovarian cancer have a short median survival time after diagnosis with their 5-year survival rate being less than 40%. Early stage ovarian cancer represents an important target for screening since it is lethal in most late stage cases (1). Currently the primary screening procedure for ovarian cancer are blood levels of cancer antigen (CA) 125, however CA 125 levels can also be elevated due to other disorders and do not provide conclusive results (2). Utilizing the research done at the Cell and Molecular Biology department at the University of South Florida which conclusively revealed that urinary levels of bcl-2 are elevated in ovarian cancer patients (3), this research it the first of its kind looking to assess the capture of an analyte protein on a series of potential bioconjugated surfaces for use in a novel acoustic biosensor. Therefore, this research addresses the need for a reliable and economic testing platform to detect ovarian cancer.
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Lipscomb, Kristen, Nesrin Sarigul-Klijn e Eric O. Klineberg. "Characterization of Lumbar-Level Spinal Fusion on the Whole Human Spine Under Vibrations". In ASME 2016 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2016. http://dx.doi.org/10.1115/imece2016-66384.

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In the United States alone, 12–15% of the population will visit their physician for back pain problems each year, creating a direct annual cost of nearly $40 billion. Pain in the spine may be associated with spinal instability and intervertebral disc (IVD) degeneration. The causes of disc degeneration are not completely understood, but have been thought to be linked to excessive loading conditions and whole body vibrations. Patients not responding to non-operative treatment may be considered for surgical fusion. Vibrations of the spine near its resonant frequency are more likely to lead to spinal injury and subsequent pain. These vibrations may result from prolonged exposure to mechanical vibrations, for example from riding in vehicles. Little is understood about the effect of spine pathologies or treatment techniques on this frequency. While fusion procedure may aid in stabilizing the spine, it may also lead to changes in spine biomechanics. A high fidelity anatomically accurate whole spine finite element model was developed and utilized to examine vibration in the spine using modal analysis. Vibration modes and resonant frequencies were obtained in the healthy spine along with cases of lumbar spine disc degeneration and fusion at several levels, including L4-L5, L3-L5, L5-S, L4-S, and L3-S.
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Hines, Brandon D., Holly A. Stretz e Steven R. Anton. "Investigation Into Piezoelectric Nanoparticle Dispersion in Polymethyl Methacrylate Bone Cement". In ASME 2022 Conference on Smart Materials, Adaptive Structures and Intelligent Systems. American Society of Mechanical Engineers, 2022. http://dx.doi.org/10.1115/smasis2022-91020.

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Abstract Total knee arthroplasty (TKA) is one of the most common orthopedic surgeries performed in the United States. Though most cases of TKA are successful, some cases experience failure after the procedure. Smart implant technology seeks to aid the medical community in identifying failure that may require a revision surgery. Previous work in our research group explored sensing applications aimed at identifying failure in simulated total knee replacements (TKR) by bonding lead zirconate titanate (PZT) wafers to a tibial baseplate implanted in a simulated knee structure with artificial damage applied at the cement interface. Though this application demonstrated success with identifying failure in the simulated TKR system, there are improvements that can be made to the system. One improvement that must be made is the use of lead-free sensors in the biomedical system. Another possible improvement to the system is to relocate the piezoelectric sensor to the cement interface. A proposed method to implement these improvements is to develop a specialized sensing system with the specific application of joint replacements in mind, and more specifically, a sensing system in which the bone cement acts as the sensor. This study explores the idea of developing a piezoelectric nanocomposite in which bone cement is the primary material. The specialized piezoelectric nanocomposite is developed by adding barium titanate (BT) nanoparticles to the typical components of polymethyl methacrylate (PMMA) bone cement at various weight percentages of BT. The composite cement is then formed and cured into samples to be tested for compression strength. It must be shown that the suspension of barium titanate within the PMMA bone cement matrix does not compromise the mechanical properties of the cured cement. If the compression strength falls below 70 MPa, the cement will no longer meet the requirements of the ASTM standard for PMMA bone cement.
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