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1
Орлова, М. І. "THE QUESTION OF THE PROCEDURAL ORDER OF APPLICATION OF THE TEMPORARY SUSPENSION OF JUDGES FROM JUSTICE." Juridical science, no. 1(103) (February 19, 2020): 309–15. http://dx.doi.org/10.32844/2222-5374-2020-103-1.37.
Повний текст джерелаАнотація:
The temporary removal of a judge from the administration of justice is a relatively new measure to ensure criminal proceedings in criminal procedural law and is carried out by the High Council of Justice. At the same time, as evidenced by the practice of its implementation, there are certain issues that necessitate their study and discussion. Therefore, the procedure of temporary suspension of a judge from the administration of justice is characterized by features that are due to the special legal status of judges. It is the need to ensure the independence of judges that provides for a special procedure for their removal. At the same time, the temporary removal of a judge is a measure that involves the removal from justice of judges in respect of whom there are reasonable doubts about their suitability for office, high rank of judge, to confirm or deny the relevant information. This is necessary to maintain confidence in the judiciary as a whole. The purpose of the article is to study the procedural procedure for the application of temporary suspension of a judge from the administration of justice. The article examines the procedural procedure for the application of temporary suspension of a judge from the administration of justice. It is emphasized that the institution of temporary suspension of judges exists for the timely suspension of a judge. The peculiarities of the procedural order of application of temporary suspension of a judge from the administration of justice have been determined. It is concluded that based on the results of the consideration of the petition, the High Council of Justice may make the following decisions: on the temporary suspension of a judge from the administration of justice in connection with criminal prosecution or on the denial of such a petition. It was found that the suspension did not restrict access to the court premises, as well as to the materials of previously distributed cases. Therefore, if a judge is removed without a precautionary measure in the form of round-the-clock house arrest / detention, the court will continue to go to work. A judge may also continue to perform administrative functions as chairman of the court or judgespeaker. Continue lecturing at the School of Judges, or continue to take bribes.
2
Mrva, Michal, and Michal Krajčovič. "Does the granted access to the court automatically guarantee the citizen the access to justice?" Bratislava Law Review 1, no. 1 (October 1, 2017): 95–104. http://dx.doi.org/10.46282/blr.2017.1.1.62.
Повний текст джерелаАнотація:
The authors examine the content of the terms access to the court and access to justice. These terms can be considered identical in a system based on the material rule of law (material legal state), that respects its principles. Social reality, sometimes, however, proves the opposite. The successfulness of ensuring (guaranteeing) the access to justice is determined, first and foremost, by the quality of the personal substrate of the judicial authorities – mainly judges themselves. The authors identify which personal characteristics are crucial in this regard. These include the judge´s level of professionalism (due professional care), moral integrity and communication competence. In order to consider the judicial decision-making process as the process (procedure) leading to justice, all of these requirements must be met at the same time.
3
Giles, Jim. "Open-access journal will publish first, judge later." Nature 445, no. 7123 (January 2007): 9. http://dx.doi.org/10.1038/445009a.
Повний текст джерела
4
Litman, Leah. "Judge Gorsuch and Johnson Resentencing (This is Not a Joke)." Michigan Law Review Online, no. 115 (2017): 67. http://dx.doi.org/10.36644/mlr.online.115.judge.
Повний текст джерелаАнотація:
Jan Crawford has reported that President Donald Trump is strongly considering appointing Judge Neil Gorsuch of the United States Court of Appeals for the Tenth Circuit to the U.S. Supreme Court. I do not know Judge Gorsuch, but I do know his opinion in Prost v. Anderson, which is a rather wonky case on a somewhat technical area of federal habeas law. Prost provides an interesting insight into Judge Gorsuch’s jurisprudence. The case concerns an issue on which the courts of appeals disagree, so it provides a nice glimpse into how Judge Gorsuch might address matters that are reasonably susceptible to different resolution, as many of the Supreme Court’s cases are. Prost illustrates how Judge Gorsuch will balance competing considerations of fairness and administrability in criminal law. While there is much to like about Prost—it is well written, clearly reasoned, and adopts an administrable rule—the opinion also raises some concerns. The opinion overvalues proceduralism relative to substantive rights in a way that will have the effect of eroding litigants’ access to courts.
5
Engel, David M. "Judging and Judgment in Contemporary Asia: Editor’s Introduction to this Special Issue." Asian Journal of Law and Society 8, no. 2 (June 2021): 199–205. http://dx.doi.org/10.1017/als.2020.25.
Повний текст джерелаАнотація:
AbstractAlthough the figure of the wise judge may be a universal trope, respect is not automatically accorded every person who passes judgment on another. To be perceived as legitimate, judges must occupy an institutional status with the power to decide controverted cases and must have access to specialized or even sacred knowledge and moral authority. Historically, Asian judges could claim legitimacy through their connection to transcendent legal principles, such as dhamma or dao or shari’a. In contemporary Asia, however, conceptions of law and legal legitimacy have become pluralistic, contested, and contradictory. Judges may to some extent retain a connection to the sacred and the transcendent, yet that connection is no longer sufficient in itself to insulate their judgments—or their character—from criticism. How, then, can the “good judge” be distinguished from judges who fall short of the mark? In this Special Issue, five distinguished scholars explore the crisis of legitimation as it affects judging and judgment in Sri Lanka, India, China, Indonesia, and Thailand.
6
Hopkins, W. Wat, and Timothy L. Yarbrough. "Antonin Scalia: Judge & Justice." Newspaper Research Journal 10, no. 3 (March 1989): 61–73. http://dx.doi.org/10.1177/073953298901000307.
Повний текст джерелаАнотація:
If his Supreme Court posture on free expression cases continues to favor free expression about half of the time, Justice Scalia will be a pleasant surprise. But in access and reputation cases, the odds of Scalia backing the press are more like 1 to 3.
7
Melnychenko, Andriy. "Restrictions of individual’s rights, freedoms and legal interests within temporary access to items and documents: practical aspects." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2021): 277–84. http://dx.doi.org/10.31733/2078-3566-2021-3-277-284.
Повний текст джерелаАнотація:
Temporary access to things and a document as an institution that restricts human rights and freedoms in criminal proceedings and its main properties have been studied. Attention is drawn to the problem of numerous risks of human rights violations during the application of temporary access to things and documents due to unfounded and weak argumentation of investigators' requests for temporary access, as well as a superficial assessment of circumstances by the investigating judge due to overload of requests. Statistical data have been studied, which indicate the need for consistent reform of judicial control in the direction of studying the materials and making informed decisions. Temporary access to things and documents in the criminal process is part of the institution of measures to ensure criminal proceedings. It attracts the attention of scholars because it has a rather complicated procedure for obtaining a decision on temporary access to things and documents, which must be provided by the investigating judge based on the results of the petition. The mechanism of judicial control indicates that this measure to some extent restricts the rights, freedoms or legitimate interests of a person – a participant in criminal proceedings or a third party. Related to this is the problem of the measure under investigation, which is the risk of violation of the rights of individuals, because every year the investigating judges receive a large number of requests for temporary access, and there are specific features in terms of providing temporary access to things and documents containing legally protected secret.
8
Rusanovschi, Iulian. "On procedural acts issued by investigating judges appointed contrary to law 514/1995." Supremacy of Law, no. 1 (January 2023): 67–72. http://dx.doi.org/10.52388/2345-1971.2022.e1.05.
Повний текст джерелаАнотація:
Everyone has the right to a fair examination and resolution of his or her case by an independent, impartial, lawfully constituted court acting in conformity with this Code. These guarantees take the form of the constitutional principle of free access to justice, the violation of which is sanctioned by declaring absolute nullity of procedural acts obtained or adopted contrary to this principle. There is sufficient evidence to show that the appointment of investigating judges during the period 2015-2018 was in violation of the provisions of Article 151 of Law No. 514/1995 on the Organization of Judges - that, in the editorial office up to January 12, 2018, which regulated that an investigating judge may hold that dignity only if he has previously held the position of judge for at least 3 years. Unfortunately, these deviations, whether consciously or mistakenly admitted by the Superior Council of Magistracy, have had and will have the most unexpected consequences, because those investigating judges accused of violating the law have committed a series of procedural acts that are thus rendered null and void.
9
Burdina, Elena V. "The Constitutional Law Content of the Requirement for Education of Potential Judges." Russian judge 2 (February 4, 2021): 41–46. http://dx.doi.org/10.18572/1812-3791-2021-2-41-46.
Повний текст джерелаАнотація:
Currently, the process is underway to bring the entire array of legislative sources defining the judicial system and the status of judges in accordance with the Constitution of the Russian Federation. In the legislative strategy, it seems important to resolve the issue of the higher legal education required for judges. The article substantiates a broad approach to understanding the higher legal education required for a judge, within the framework of which both a higher legal education of a general nature (universal) and a legal education of a special orientation are permissible. This conclusion is based: a) on the basis of the circumstances of the development of the system of higher legal education in Russia, which acts as a social regulator of the formal qualification requirement for the education of a candidate for a judge; b) on the requirements of access to the judicial profession, which imply the possibility of entering the judicial profession for representatives of different professional groups.
10
Gamble, Joel L., and Nathan K. Gamble. "Access-to-Care and Conscience: Conflicting or Coherent?" Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine 47, no. 1 (February 1, 2022): 54–71. http://dx.doi.org/10.1093/jmp/jhab034.
Повний текст джерелаАнотація:
Abstract “Intervention” is not synonymous with “care.” For an intervention to constitute care—which patients should have a right to access—it must be technically feasible and licit. Now these criteria do not prove sufficient; numerous archaic interventions remain feasible and legally permissible, yet are now bywords for spurious care. Therefore, we propound another necessary condition for an intervention to become care: the physician must rationally judge the intervention to be conducive to the patient’s good. Consequently, the right of access-to-care relies on physicians being free to practice medicine in accord with their consciences, conscience being the rational faculty with which they judge the reasonableness of even mundane medical decisions. Since physicians operate as part of a community, it is further necessary to consider when central bodies may reasonably compel physicians to engage in interventions that the physician believes are not consistent with the patient’s good and/or are not congruent with the purposes of medicine.
11
Kużelewski, Dariusz. "The Non-Professional Judge as a Component of Civic Culture in Poland." Studies in Logic, Grammar and Rhetoric 65, no. 1 (December 1, 2020): 121–32. http://dx.doi.org/10.2478/slgr-2020-0051.
Повний текст джерелаАнотація:
Abstract The objective of the paper is to present the role of the non-professional judge in Poland as an important manifestation of civic culture based on citizens’ activity in the sphere of justice among other things. The paper also highlights the importance of an appropriate selection of citizens who are to adjudicate and possibly place restrictions on access to judicial functions using the example of Polish law. The last part addresses the problem of the gradual reduction of the participation of lay judges in the Polish justice system and the controversial attempts to halt this trend, such as the introduction of lay judges to the Supreme Court and the start of discussions on the introduction of the justice of the peace to common courts.
12
Fuley, T. "The influence of the judge's gender competence on ensuring the equal access to justice." Uzhhorod National University Herald. Series: Law 3, no. 75 (April 11, 2023): 107–17. http://dx.doi.org/10.24144/2307-3322.2022.75.3.18.
Повний текст джерелаАнотація:
Access to justice which is the necessary elements of the Rule of Law as well as Rechtsstaat enables individuals to effectively protect themselves against infringements of their rights. Since the modern international standards which the national judicial system must meet include not only independence, impartiality, competence and efficiency, but also gender sensitivity, therefore the gender competence of judges is not just the demands of the times or a fashionable trend, but primarily a guarantee of the equal access to justice.
Based on the specifics of the functions performed by a judge the article reveals the types of the judge’s gender competence such as expert, method and social competence. Also the author identified five core gender competencies for judges, which are: 1) interacting and communicating with the parties/participants of the process in an appropriate manner (without gender bias); 2) applying procedural legislation to the specific needs of participants in the process, taking into account the circumstances of the case (including the principle of gender equality); 3) searching for and interpreting the rules of substantive law through the use of national and international case law and legal instruments relating to gender equality and prevention of sex- and gender-based discrimination; 4) taking action to effectively protect the rights and legitimate interests of the individual, considering gender aspect; 5) drafting a judgement (judicial opinion writing) in compliance with the principles of gender equality and non-discrimination. Accordingly, in each of the competencies, the necessary knowledge, skills and qualities (values, attitude) of a judge have been identified, corresponding to the three components of the structure of gender competence – cognitive, activities-related and encompassing values and attitudes.
On the basis of analysis of the ECtHR case law some examples of violations by national courts of the requirements of the rule of law regarding access to justice are shown, and it is concluded that quite a few violations of the Convention on the Protection of Human Rights and Fundamental Freedoms could be avoided in a wide range of cases if judges possessed a sufficient level of gender competence, in particular, if they were able to recognize gender-sensitive situations when considering different categories of cases and react appropriately to them. Therefore, the acquisition of gender competences by judges, in particular through training, will contribute to ensuring the equal access to justice, which is one of the strategic objectives of the Council of Europe.
13
Rybalko, Volodymyr, and Zhanna Simonyshyna. "Disciplinary liability of judges under subparagraph (a) of paragraph 1 of Article 106 of the Law of Ukraine «On the Judicial System and Status of Judges»." Slovo of the National School of Judges of Ukraine, no. 1(42) (September 4, 2023): 41–56. http://dx.doi.org/10.37566/2707-6849-2023-1(42)-4.
Повний текст джерелаАнотація:
Based on specific examples (in particular, from the case law of the Grand Chamber of the Supreme Court), the author highlights which offenses of a judge are qualified under subparagraph (1) of paragraph 1 of Article 106 of the Law of Ukraine «On the Judicial System and Status of Judges». The author emphasizes that subparagraph (a) provides for three separate grounds for disciplinary liability of judges (1) unlawful refusal to administer justice (including unlawful refusal to consider claims, appeal and cassation claims on the merits, etc; (2) significant violation of procedural law in the administration of justice, which made it impossible for participants in the trial to exercise their procedural rights and fulfill their procedural obligations; (3) significant violation of procedural law in the administration of justice, which led to a violation of the rules on jurisdiction or composition of the court). Pursuant to that three separate grounds for bringing a judge to disciplinary liability, this article reviews the cases in which the behavior of judges was qualified as an unlawful refusal to administer justice (in particular, unlawful refusal to consider claims, appeal and cassation claims on the merits); or significant violation of procedural law in the administration of justice, which made it impossible for participants in the trial to exercise their procedural rights and perform their, was recognized by the High Council of Justice. This article will be useful not only for disciplinary inspectors and judges, but also for complainants, as it will help them understand which violations of Law are considered being perspective in terms of appealing against the conduct of a judge to the High Council of Justice. Key words: disciplinary liability of judges, significant violation of procedural law, unlawful denial of access to justice, impossibility for litigants to exercise their procedural rights and fulfill their procedural obligations, violation of rules on jurisdiction or composition of the court.
14
McGuire, Seana C., and Roderick A. Macdonald. "Judicial Scripts in the Dramaturgy of the Small Claims Court." Canadian journal of law and society 11, no. 1 (1996): 63–98. http://dx.doi.org/10.1017/s0829320100004592.
Повний текст джерелаАнотація:
AbstractThe Small Claims Court is designed to improve access to justice through a number of procedures, the net effect of which is to enhance the role of the judge as manager of the adjudicative process. The essay reports the results of interviews with 14 Small Claims Court judges in Montreal. Attitudes of judges about their responsibility to ensure a fair hearing, to assist litigants in presenting their cases and to adjust the substance of rules of law and evidence are surveyed. The study also canvasses judicial perceptions and responses to Small Claims Court plaintiffs who may be from ethno-cultural minorities. It concludes that despite their discretion to depart from a strictly adversarial adjudicative posture, judges rarely do so. It also concludes that judges do not see their role as requiring them to take special account of the expectations and understandings of ethno-cultural communities. Informality of proceedings, low filing fees, and the exclusion of lawyers are thought by judges to be a sufficient concession to enhanced access. Transforming the object and processes of civil disputes is not seen as a proper endeavour for the court
15
Baleta, Adele. "South African judge reaffirms judgement to expand access to AIDS drug." Lancet 359, no. 9310 (March 2002): 954. http://dx.doi.org/10.1016/s0140-6736(02)08056-x.
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16
Gao, Lei, and Shu Lin Pan. "Fine-Grained Access Control Model Based on RBAC." Advanced Materials Research 468-471 (February 2012): 1667–70. http://dx.doi.org/10.4028/www.scientific.net/amr.468-471.1667.
Повний текст джерелаАнотація:
Military information system has unusually tough restrictions on the rank, and attaches weight to the safety and secrecy of the information. This makes the higher demands on access control on information. So a new access control model based on RBAC is prompted against the limitation of the existing models of RBAC. This model is named as fine-grained access control model based on RBAC. This model not only assigns different roles to different users, but also adds an attribute of department ,so the role and the department are combined; It realizes fine-grained access control and refines to controls of pages, so this keeps access control more precise; Role tree is used to define roles and in order to prevent the problem brought up by role inheriting, it impose s restrictions on whether it can role inherit; At last, ACL store the especial instances’ alteration. When a control is accessed, it will examine the role and department and then judge whether it can role inherit and then judge by combing ACL. So this will attain access control objective. The fulfillment indicates that this model can meet the requirement of real application of military information management system.
17
Tkachenko, І. "Administrative and legal regulation of forms and means of public control over the activities of judges." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 407–11. http://dx.doi.org/10.24144/2788-6018.2023.01.69.
Повний текст джерелаАнотація:
In order to achieve the goal of the research, the article plans to carry out the following research tasks: clarifying the essence of public control over the activities of judges in Ukraine, identifying its most effective forms and means.
As a result of the study, it was established that public control over the activities of judges is a legally defined activity of members of the public aimed at checking (observation, supervision) the legality of judicial proceedings by judges, taking into account the principles of taking into account public opinion in the formation of the judicial body, transparency and openness of the judicial process, accessibility of citizens to the judicial process, openness and accessibility to court decisions.
The most effective forms and means of public control over the activities of judges in Ukraine are singled out, namely: 1) implementation of public control at the stage of selection for the position of a judge, which includes monitoring of the judge's lifestyle, which is carried out in order to establish the conformity of the judge's standard of living with that available to him and members his family's property and the income they receive, the judge's lifestyle is monitored in accordance with the law, the declaration of a person applying for the position of a judge is checked; 2) the activities of the public integrity council, which is formed to assist the Higher Qualification Commission of Judges of Ukraine in establishing the compliance of a judge (candidate for the post of judge) with the criteria of professional ethics and integrity for the purposes of qualification evaluation; 3) provision of public information about the court's activities based on the receipt of a request for information about the court's activities; 4) providing the public with public information about the activities of courts in Ukraine, by summarizing such information by analytical units of the State Judicial Administration of Ukraine; 5) granting access to accredited mass media to judicial proceedings on the basis of a court decision; 6) creation and implementation of effective activities in higher specialized courts and appellate courts of full-fledged press services; 7) creation of a contact center at the State Judicial Administration of Ukraine, which should receive and summarize information from citizens regarding the quality of judicial proceedings, compliance by judges with integrity, violations by them and other participants of the principles of judicial proceedings and the judicial process; 8) ensuring the activity of the public council under the Council of Judges of Ukraine.
18
Adler, Stephen. "The Role of Judges in the Implementation of Social Policies." International Journal of Comparative Labour Law and Industrial Relations 18, Issue 4 (December 1, 2002): 341–76. http://dx.doi.org/10.54648/5113458.
Повний текст джерелаАнотація:
This article, based upon the author's general report to the 9th Meeting of European Labour Court Judges (ILO, Geneva, December 2001), discusses the role of Labour Court judges and Labour Courts in the implementation and development of social policy. After surveying the legal sources of social policy and a number of Labour Court ‘models’, comparative experience in various national systems is described and commented upon. The author contends that judges play an important role in the development of social policy, and suggests that, when dealing with issues in this field, Labour Court judges adhere to an agenda which differs from that of judges in the general courts. It is argued that the personal values, beliefs and experiences of judges influence their decisions regarding social policy issues, so that it is important for judges to recognize and articulate the factors influencing their decisions on such matters. To assist with this, the influence of the judge on social policy should be considered when individuals are appointed and trained to exercise their judicial role. The author further argues that Labour Courts can only make a significant contribution to the development of social policy if there is reasonable access to those courts, and that among the factors capable of furthering such access are the efficiency of, and the attitudes displayed by, Labour Court judges themselves. Finally, it is observed that, in an era of decreasing union density, Labour Courts increasingly provide the principal route for workers to enforce their rights, thereby underlining the key role of Labour Court judges in developing social law and furthering access to industrial justice as an important means for the protection of rights at work.
19
Lysachenko, Ye. "On certain issues of regulation of investigating judge`s authority to consideration of applications for temporary access to objects and documents." Herald of criminal justice, no. 3 (2019): 215–23. http://dx.doi.org/10.17721/2413-5372.2019.3/215-223.
Повний текст джерелаАнотація:
Temporary access to objects and documents is one of the most common means of ensuring criminal proceedings and an important means of gathering evidence. This measure of criminal proceedings represents the undoubtedly basic instrument for the formation and consolidation of evidence, which will further serve as a legal basis for the promulgation of a correct and well-founded procedural decision by the investigator or prosecutor during a full, complete and impartial pre-trial investigation. The author of the article is intended to investigate the problematic issues of regulation of investigating judge`s authority to consideration of applications for temporary access to objects and documents. Attention is drawn to the lack of legislative regulation of the powers of the investigating judge to issue a decision on the return of the petition and the refusal to grant it in the case of non-compliance of such petition with the requirements of criminal procedural legislation. The decision of the investigating judge, type of which is not provided by the CPC of Ukraine, is contrary to the principle of the lawfulness of criminal proceedings, adversely affects the effective protection of the rights, freedoms and interests of the person in the framework of criminal proceedings, the effectiveness of criminal procedural evidence and the formation of unambiguous legal practice. The author concludes that in order to improve the institute of temporary access to objects and documents, the following changes should be made to the CPC of Ukraine: - Art. 163 as a rule on the procedural possibility of an investigating judge to return to a party of criminal proceedings a request for temporary access to things and documents, if it is filed without observing the requirements of Art. 160 CPC of Ukraine; - the norm of refusal to grant such a request in case of non-compliance with the requirements of Part 5 of Art. 163 of the CPC of Ukraine. In view of the above, the investigating judge will be empowered by law to rule on the results of the consideration of the request for temporary access to the things and documents of the decision on: 1) satisfaction of the request, 2) refusal to grant the request, 3) return of the request. The proposed amendments to the current CPC of Ukraine in terms of improving the procedure of temporary access to things and documents as a means of criminal procedural evidence, in particular the introduction of alternative types of rulings, will certainly increase the effectiveness of criminal procedural evidence, as well as ensure the effectiveness of the functioning of the investigative institution.
20
Skawiński, Franciszek. "CAPACITY TO ACT PERSONALLY IN CIVIL PROCEEDINGS REGARDING A MOTION TO RECUSE A JUDGE BEING CONSIDERED BY THE SUPREME COURT." Roczniki Administracji i Prawa 2, no. XXII (June 30, 2022): 231–43. http://dx.doi.org/10.5604/01.3001.0016.0980.
Повний текст джерелаАнотація:
The article is focused on the capacity to act personally, especially the scope of application of obligatory representation by an attorney, regarding a motion to recuse a judge being considered by the Supreme Court. Practical doubts arise especially in cases where such motion is being considered by the Supreme Court, because the court considering the case cannot consider said motion due to lack of suitable judges. In the article a critical analysis of case law and views of legal scholars, as well as the text of statues, was undertaken, including the constitutional right of access to court. The considerations conducted allowed to determine the scope of the mandatory representation by an attorney and create the concept of primary and substitutionary jurisdiction. Eventually it was determined that mandatory representation by an attorney applies in cases with primary jurisdiction and does not apply in cases with substitutionary jurisdiction of the Supreme Court. The results of the analysis might be useful in the process of lodging and considering a motion to recuse a judge.
21
Bilegjargal, Daramsenge, and Nien-Lin Hsueh. "Understanding Students’ Acceptance of Online Judge System in Programming Courses: A Structural Equation Modeling Approach." IEEE Access 9 (2021): 152606–15. http://dx.doi.org/10.1109/access.2021.3126896.
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22
Wilson, Nicola. "‘So now tell me what you think!’: Sylvia Lynd's reading and reviewing – The collaborative work of an interwar middlewoman." Literature & History 28, no. 1 (May 2019): 49–65. http://dx.doi.org/10.1177/0306197319829362.
Повний текст джерелаАнотація:
This article highlights Sylvia Lynd (1888–1952) as an important interwar ‘middlewoman’, arguing that Lynd's professional work and identity as book club judge, reviewer, publisher's reader and literary hostess, had a significant impact on contemporary print culture. It argues that the networks around the Lynds’ set in Hampstead are an important, if overlooked, part of ‘the social spaces and staging venues’ where literary modernism happened (in Lawrence Rainey's influential terms). With a methodology grounded in feminist research and recoveries of early twentieth-century women's diverse contributions to print culture, the core of the essay considers Lynd's work for the Book Society selection committee and the Prix Femina Vie Heureuse Anglais. Making use of publisher's records and other archival sources, including Lynd's unpublished diaries and correspondence, the article sets out Lynd's shared reading and decision-making with Hugh Walpole on manuscripts for the Book Society as a dialogic, collaborative reading practice, placing her work as book club judge as part of a long history of sociable reading practices. The article further explores the textual implications of Lynd's work as book club judge and shows how her editorial interventions made a tangible, documented impact on the pre-publication history of literary texts, in this case George Blake's The Shipbuilders (1935) and Eric Linklater's Juan in America (1931). This work of editorial revisions/censorship is an aspect of the textual interventions of celebrity book club judges that is not well known, and that archival research gives us unique access to.
23
Lippman, Jonathan. "State Courts: Enabling Access." Daedalus 143, no. 3 (July 2014): 28–36. http://dx.doi.org/10.1162/daed_a_00285.
Повний текст джерелаАнотація:
In New York, millions of civil litigants each year fight for the necessities of life without the aid of a lawyer because they are unable to afford one. While the state courts strive to provide access to justice for all constituents, this ideal becomes a promise unfulfilled due to the lack of available civil legal services for low-income populations. In this essay, I discuss access to justice in the state courts from the perspective of my role as Chief Judge of the State of New York. I examine the enormity of the unmet need in New York and around the country and discuss the measures I have taken as head of the New York State court system to address the crisis. These efforts have resulted in a substantial increase in state funding for civil legal services, the establishment of the Task Force to Expand Access to Civil Legal Services in New York, annual hearings in each of New York's four Judicial Departments, and the development of programs designed to spur the legal community (including law students) to greater involvement in pro bono work.
24
López Betancourt, Eduardo, and Roberto Carlos Fonseca Luján. "Jurisprudencia de Estrasburgo sobre el derecho a un proceso equitativo: sentencias contra España de interés para México." Revista de Derecho de la UNED (RDUNED), no. 21 (January 31, 2018): 353. http://dx.doi.org/10.5944/rduned.21.2017.21177.
Повний текст джерелаАнотація:
El artículo se acerca a la jurisprudencia del Tribunal de Estrasburgo sobre el artículo 6 del Convenio Europeo (derecho a un proceso equitativo) a partir de los derechos precisados en sentencias falladas contra España. Se comentan asuntos como el derecho a un juez imparcial, los alcances extraprocesales de la presunción de inocencia, el acceso a la segunda instancia y la inmediación, el plazo razonable de duración del proceso y el acceso a la información sobre el proceso.This paper approaches the Strasbourg Court jurisprudence concerning Article 6 of European Convention (right to a fair trial) starting from the rights specified in judgments decided against Spain. Topics discussed are the right to an impartial judge, the extra procedural effect of presumption of innocence, the access to the second instance and immediacy, the reasonable duration of trial and the access to information about prosecution.
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Al-Billeh, Tareq. "THE REGULATIONS FOR JUDGES USING SOCIAL MEDIA AND THE MEDIA: COMPARATIVE STUDY." Journal of Southwest Jiaotong University 57, no. 5 (October 30, 2022): 93–104. http://dx.doi.org/10.35741/issn.0258-2724.57.5.8.
Повний текст джерелаАнотація:
This article analyses the regulations for judges using social media and the Media, studies international resolutions and some of the most important Arab experiences. The purpose of this article is to identify social media that judges can access, in addition to legislative opinions for and against the participation of judges on social media, while the dilemma of the study lies in the extent to which judges are given freedom to use social media and the extent to which judges publish their professional achievements, disclose their job information, comment on public opinion cases published on social media, and participate in the analysis and discussion. The findings proved that the competent authorities should periodically review the judicial code of conduct and make amendments to it in line with international standards to ensure the safe use of social media for judges, and judges must perform caution when dealing with the social media, and when they post on social media, and any comment or statement published by the judge must renew citizens’ confidence in the judiciary and not conflict with the prestige of his position or with the independence and impartiality of this authority.
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Scior, Katrina, Janice Williams, and John King. "Is access to clinical psychology training in the UK fair? The impact of educational history on application success." Clinical Psychology Forum 1, no. 274 (October 2015): 12–18. http://dx.doi.org/10.53841/bpscpf.2015.1.274.12.
Повний текст джерелаАнотація:
Whether social and not just ethnic diversity within the profession needs increasing is hard to judge without solid evidence. This study investigated whether access to clinical psychology training is ‘fair’ with regard to the potential effect of educational advantage.
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Scior, Katrina, Janice Williams, and John King. "Is access to clinical psychology training in the UK fair? The impact of educational history on application success." Clinical Psychology Forum 1, no. 289 (January 2017): 1–7. http://dx.doi.org/10.53841/bpscpf.2017.1.289.1.
Повний текст джерелаАнотація:
Whether social and not just ethnic diversity within the profession needs increasing is hard to judge without solid evidence. This study investigated whether access to clinical psychology training is ‘fair’ with regard to the potential effect of educational advantage.
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Posenato, Naiara. "Justiça e redes sociais: modelos comparados de regulamentação da liberdade de expressão dos Magistrados entre tutela dos direitos fundamentais e estado de direito." Latin American Journal of European Studies 3, no. 2 (December 2023): 238–71. http://dx.doi.org/10.51799/2763-8685v3n2008.
Повний текст джерелаАнотація:
Digital communication has transformed the traditional ways information is produced and disseminated, including the judicial process and the actions of its protagonists, such as the judge. Starting with a brief consideration of the positive effects of the new communication modalities, in terms of judicial transparency and access to legal information, and in negative terms, taking into account the phenomenon of the “Judgment by the Media” this study seeks to compare some recent and innovative regulations regarding the use of social networks by judges, adopted at regional and national level, study seeks to compare some recent and innovative regulations for judges’ use of social media, adopted at both regional and national levels. In particular, it aims to highlight the relationship and the necessary balance between limiting the magistrate’s freedom of expression and affirming some fundamental principles of the rule of law, such as the independence and impartiality of the judiciary.
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Zhang, Ying. "Automatic Access Control Model of Electric Power Information System Based on an Artificial Intelligence Semantic Network." International Journal of Distributed Systems and Technologies 13, no. 6 (July 12, 2022): 1–11. http://dx.doi.org/10.4018/ijdst.308003.
Повний текст джерелаАнотація:
In order to solve the requirements of scheduling automation system for access control and the defects of access control model, an automatic access control model of power information system based on intelligent semantic network was designed. The overall structure of access control model of power information system is given. The detector is designed by artificial intelligence technology, combining artificial neural network and artificial immune algorithm, which provides the basis for checking access request module. By checking the access request module to find out whether there is a detector matching the access request, to judge whether the access request is legitimate. The verification results show that, the model can effectively support the access and modification of legitimate users and prevent the access of illegal users with high control precision.
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Hollywood, Cait Verity. "The Sexual Violence Legislation Act 2021: Pre-Recorded Cross-Examination and the Right to a Fair Trial." Victoria University of Wellington Law Review 53, no. 2 (August 29, 2022): 281–302. http://dx.doi.org/10.26686/vuwlr.v53i2.7746.
Повний текст джерелаАнотація:
This article analyses the provisions of the Sexual Violence Legislation Act 2021 that offer witnesses in sexual cases access to pre-recorded cross-examination as an alternative method of giving evidence. The Act is intended to reduce the trauma of sexual violence victims in court whilst preserving the fairness of the trial. The Act prima facie entitles witnesses to access alternative evidence methods, but judges retain a discretion under s 106G to prevent the use of pre-recorded cross-examination. Under s 106G, the judge must do so where the pre-recorded cross-examination presents a real risk to the fairness of the trial. This article evaluates how judges are likely to exercise their discretion under s 106G. I recount the contemporary notion of a fair trial through the lens of the New Zealand Bill of Rights Act 1990 and identify areas of tension between defendants' fair trial rights and witnesses' interests. I assess how the realities of the system render pre-recorded cross-examination workable only at the expense of defendants' fair trial rights. Consequently, judges will almost always be compelled to make orders under s 106G preventing pre-recorded cross-examination. The Act is unfit for its purpose of expanding the availability of alternative evidence for witnesses and improving the justice process for sexual violence complainants.
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Gjecaj, Eliona, Anna Lawson, Rannveig Traustadóttir, and James Gordon Rice. "‘We Got Lucky with the Judge’: Access to Justice for Disabled Women in Iceland." Laws 12, no. 2 (February 23, 2023): 21. http://dx.doi.org/10.3390/laws12020021.
Повний текст джерелаАнотація:
In this paper we aim to make a valuable contribution to the surprisingly limited body of research on access to justice for disabled women who have been subjected to violence. Using an interdisciplinary sociolegal approach, this paper carries out an empirical qualitative study of one Icelandic court case and draws on this to provide a critical analysis of access to justice issues for disabled women who have been subjected to gender-based violence. Much about this case suggests that it is a positive example of justice being accessed, and we identify a number of features of the case as particularly significant in this regard. We reflect on how these positive aspects of the case can inform initiatives to enhance access to justice for disabled women and highlight ways in which Icelandic justice processes could more firmly embed the international human rights standards set out in the UN Convention on the Rights of Persons with Disabilities.
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Fikriyah, Uswatul. "PANDANGAN TOKOH MASYARAKAT KOTA MALANG TERHADAP KEABSAHAN PUTUSAN HAKIM PEREMPUAN DI PENGADILAN AGAMA DALAM SISTEM HUKUM INDONESIA DAN HUKUM ISLAM (Studi Pandangan Tokoh Masyarakat Kelurahan Ketawanggede Kecamatan Lowokwaru Kota Malang)." Musãwa Jurnal Studi Gender dan Islam 15, no. 2 (July 17, 2016): 211. http://dx.doi.org/10.14421/musawa.v15i2.1306.
Повний текст джерелаАнотація:
Indonesia as a legal state that concerns equality of rights between men and women in all fields one of them with the existence of legislation that contains the equality of rights. One of the interesting things is about equal access and opportunity for women to get a job. This is included in the work as a judge in the Religious Courts that began to be found even quite a lot of female judges throughout Indonesia. Logical consequences with the presence of female judges in Religious Courts is a lot of raises the number of perceptions and speculation about the validity of the judgment of women in the Community including in Malang where they are from different backgrounds still have different views in understanding the position and validity in the legal system of Indonesia and the Islamic legal system. From research conducted by the author can be known that the people of Malang City as they equate the validity of the judge’s decision with men, because the verdict certainly has a strong foundation and judges have been considered competent in the field. Then, those who differentiate the position and position of female and male judges tend to also differentiate the validity of the judges’ rulings. That is the decision of a female judge to be considered valid if in a collective decision, so that the individual’s decision is not absolutely valid. In this case they consider the verdict of a female judge if done collectively and in one of the assemblies there is a male judge.[Indonesia sebagai negara hukum yang memperhatikan kesetaraan hak antara laki-laki dan perempuan dalam segala bidang salah satunya dengan adanya peraturan perundangan- undangan yang mengandung kesetaraan hak tersebut. Salah satu hal yang menarik adalah mengenai akses serta kesempatan yang sama bagi perempuan untuk mendapatkan pekerjaan. Hal ini turut termasuk dalam pekerjaan sebagai hakim di Pengadilan Agama yang mulai ditemukan bahkan sudah cukup banyak hakim perempuan di seuruh Indonesia. Konsekuensi logis dengan adanya hakim perempuan di Pengadilan Agama ini banyak memunculkan banyaknya persepsi dan spekulasi mengenai keabsahan putusan hakim perempuan di Masyarakat termasuk di Kota Malang dimana mereka yang berasal dari berbagai latar belakang yang berbeda masih mempunyai pandangan yang berbeda- beda dalam memahami kedudukan dan keabsahannya dalam sisitem hukum Indonesia dan sistem hukum Islam. Dari penelitian yang dilakukan oleh penulisa dapat diketahui bahwa masyarakat Kota Malang sebagain mereka menyamakan keabsahan putusan hakim perempuan dengan laki-laki, karena putusan sudah pasti memiliki landasan yang kuat serta hakim sudah dianggap berkompeten di bidangnya tersebut. Kemudian sebagaian mereka yang membedakan posisi serta kedudukan hakim perempuan dan laki- laki cenderung juga membedakan keabsahan putusan hakim perempuan. Yaitu keputusan hakim perempuan dianggap sah jika dalam putusan kolektif, sehingga putusan individunya tidak sah secara mutlak. Dalam hal ini mereka menganggap sah putusan hakim perempuan jika dilakukan secara kolektif dan dalam satu majelis terdapat hakim laki-laki.]
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Zapala, David A., Greta C. Stamper, Janet S. Shelfer, David A. Walker, Selmin Karatayli-Ozgursoy, Ozan B. Ozgursoy, and David B. Hawkins. "Safety of Audiology Direct Access for Medicare Patients Complaining of Impaired Hearing." Journal of the American Academy of Audiology 21, no. 06 (June 2010): 365–79. http://dx.doi.org/10.3766/jaaa.21.6.2.
Повний текст джерелаАнотація:
Background: Allowing Medicare beneficiaries to self-refer to audiologists for evaluation of hearing loss has been advocated as a cost-effective service delivery model. Resistance to audiology direct access is based, in part, on the concern that audiologists might miss significant otologic conditions. Purpose: To evaluate the relative safety of audiology direct access by comparing the treatment plans of audiologists and otolaryngologists in a large group of Medicare-eligible patients seeking hearing evaluation. Research Design: Retrospective chart review study comparing assessment and treatment plans developed by audiologists and otolaryngologists. Study Sample: 1550 records comprising all Medicare eligible patients referred to the Audiology Section of the Mayo Clinic Florida in 2007 with a primary complaint of hearing impairment. Data Collection and Analysis: Assessment and treatment plans were compiled from the electronic medical record and placed in a secured database. Records of patients seen jointly by audiology and otolaryngology practitioners (Group 1: 352 cases) were reviewed by four blinded reviewers, two otolaryngologists and two audiologists, who judged whether the audiologist treatment plan, if followed, would have missed conditions identified and addressed in the otolaryngologist's treatment plan. Records of patients seen by audiology but not otolaryngology (Group 2: 1198 cases) were evaluated by a neurotologist who judged whether the patient should have seen an otolaryngologist based on the audiologist's documentation and test results. Additionally, the audiologist and reviewing neurotologist judgments about hearing asymmetry were compared to two mathematical measures of hearing asymmetry (Charing Cross and AAO-HNS [American Academy of Otolaryngology—Head and Neck Surgery] calculations). Results: In the analysis of Group 1 records, the jury of four judges found no audiology discrepant treatment plans in over 95% of cases. In no case where a judge identified a discrepancy in treatment plans did the audiologist plan risk missing conditions associated with significant mortality or morbidity that were subsequently identified by the otolaryngologist.In the analysis of Group 2 records, the neurotologist judged that audiology services alone were all that was required in 78% of cases. An additional 9% of cases were referred for subsequent medical evaluation. The majority of remaining patients had hearing asymmetries. Some were evaluated by otolaryngology for hearing asymmetry in the past with no interval changes, and others were consistent with noise exposure history. In 0.33% of cases, unexplained hearing asymmetry was potentially missed by the audiologist. Audiologists and the neurotologist demonstrated comparable accuracy in identifying Charing Cross and AAO-HNS pure-tone asymmetries. Conclusions: Of study patients evaluated for hearing problems in the one-year period of this study, the majority (95%) ultimately required audiological services, and in most of these cases, audiological services were the only hearing health-care services that were needed. Audiologist treatment plans did not differ substantially from otolaryngologist plans for the same condition; there was no convincing evidence that audiologists missed significant symptoms of otologic disease; and there was strong evidence that audiologists referred to otolaryngology when appropriate. These findings are consistent with the premise that audiology direct access would not pose a safety risk to Medicare beneficiaries complaining of hearing impairment.
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Kaluzhna, Oksana, and Marta Shevchuk. "Unconditional grounds for challenges to judges in criminal proceedings of Ukraine and ECtHR standards." Access to Justice in Eastern Europe 5, no. 2 (April 3, 2022): 1–37. http://dx.doi.org/10.33327/ajee-18-5.1-a000110.
Повний текст джерелаАнотація:
The proper resolution of applications for challenge (self-challenge) of a judge (investigative judge, court) is important for further criminal proceedings, as a judicial error in this matter may result in the violation of a person’s right to ‘lawful composition of the court’ or the right to defence, which is grounds for the cancellation of the court decision in the case and its referral to a new trial (Art. 412 of the CrPC), the violation of the principles of reasonable time terms, and the legal certainty (finality) of court decisions as part of the rule of law. In judicial practice, proceedings on challenges belong to separate common proceedings, which usually end with a refusal to satisfy the challenge. Lawyers assess the institute of criminal proceedings of Ukraine as ineffective. The purpose of the present study is to examine the grounds for challenge using the comparative method, so that views on their understanding are consistent in the professional environment and in judicial practice. The article outlines the list of grounds for challenge of a judge (investigative judge, court) under the CrPC of Ukraine and presents their classification as unconditional and evaluative, which is crucial for the selection of methods of proof. The correlation between the national classification of grounds for challenge and the criteria for determining the impartiality of the court in the case law of the European Court of Human Rights (ECtHR) is shown. The main focus is on the analysis of unconditional grounds for challenge according to the national classification, and their content is revealed in relation to the positions of the ECtHR. It is substantiated that the grounds for challenge are not only circumstances that cast doubt on the impartiality of a judge (investigating judge, court) found in para. 6 of Chapter 3 of the CrPC of Ukraine ‘Challenge’, but also circumstances that indicate that the judge does not meet the requirements of ‘legal composition of the court’ (Part 2 of Art. 412 of the CrPC) or ‘Court established by law’ (in the wording of part 1 of Art. 6 of the ECHR) found in various structural parts of the CrPC and in the Law ‘On the Judiciary and the Status of Judges’. It is substantiated that the wording of Part 1 of Art. 76 of the CrPC of 14 January 2021 is not consistent with the principle of access to justice by an impartial court (Art. 21 of the CrPC) since the right to an impartial tribunal (part 1 of Art. 6 of the ECHR) creates a conflict with Chapter 18 of the CrPC on the procedure for election, change of precautionary measures, does not meet the requirements of legal certainty, and may be grounds for complaints to the ECtHR.
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Rogers, Douglas L. "CODING FOR LIFE - SHOULD ANY ENTITY HAVE THE EXCLUSIVE RIGHT TO USE AND SELL ISOLATED DNA?" Pittsburgh Journal of Technology Law and Policy 12 (April 13, 2012): 85–152. http://dx.doi.org/10.5195/tlp.2012.93.
Повний текст джерелаАнотація:
Myriad Genetics, Inc. ("Myriad") obtained patents in the 1990s on two "isolated" human breast and ovarian cancer susceptibility genes ("BRCA"). Myriad did not list all the isolated sequences it claims to have a right to monopolize, but instead claims a patent on the physical phenomena itself -- all DNA segments that code for the BRCA1 polypeptide, even the sequences Myriad has not identified and even those someone else in the future creates or isolates the sequences of through a method or methods not contemplated by Myriad. An impressive array of non-profit medical societies, doctors and patients sued to have the Myriad patents declared invalid. In 2010, the District Court for the Southern District of New York held in Association for Molecular Pathology v. United States Patent and Trademark Office that the claimed product patents for isolated DNA segments constituted unpatentable subject matter under 35 U.S.C. §101. On July 29, 2011, a divided panel of the Federal Circuit reversed the District Court and held that the isolated DNA segments constituted patentable subject matter. Of the three member panel, Judge Lourie concluded that the isolated DNA was markedly different than the native DNA, so constituted patentable subject matter. Although Judge Moore agreed that certain DNA segments constituted patentable subject matter, she believed that the longer isolated DNA segments probably did not constitute patentable subject matter. However, primarily in light of the fact that the US Patent and Trademark Office has been granting patents for isolated DNA for years, Judge Moore concurred in the judgment of Judge Lourie. Judge Bryson concurred on one of the product claims (for synthetic cDNA) but dissented on claims pertaining to the isolated DNA segments on the grounds that isolated DNA did not differ markedly from the native DNA and that the function of the isolated DNA was identical to the function of the native DNA.The Supreme Court stated that "Congress may not authorize the issuance of patents whose effects are to remove existent knowledge from the public domain, or to restrict free access to materials already available." This article argues that the Federal Circuit - not Congress - has done just that and has given Myriad a wall to restrict free access to materials that have literally been in humans for centuries. The isolated DNA segments of claim 1 do exactly the same coding as do the native segments--nothing more; nothing less. The segments of claim 1 do not act as primers or probes, so they do not have markedly different characteristics or utility than native DNA, which the Supreme Court has ruled courts must consider. Moreover, the functioning of the sequence of the nucleotide bases is a physical phenomenon that Myriad has not created but has captured in its claim. Judges Lourie and Moore disregarded Supreme Court precedent and the fundamental principle that physical phenomena are not patentable subject matter.
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L., J. F. "JUDGE LIFTS CALIFORNIA BAN ON IQ TESTS FOR BLACK CHILDREN." Pediatrics 93, no. 1 (January 1, 1994): 31. http://dx.doi.org/10.1542/peds.93.1.31.
Повний текст джерелаАнотація:
A federal judge in San Francisco ruled that any parent can arrange for the use of IQ testing in assessing students' learning disabilities, despite arguments that the tests discriminate against minorities. Judge Robert F. Peckham issued a summary judgment ruling in favor of the families of nine black schoolchildren in California. The families were challenging the constitutionality of a statewide ban on the use of standardized intelligence tests for black children in California special-education classes. The state Department of Education in 1986 banned the use of IQ tests for assessing black students, but the ban did not apply to students from other minority groups. Later, black students seeking access to programs for gifted students were exempted from the tests as well.
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Kattan, Victor. "Jadhav Case (India v. Pakistan)." American Journal of International Law 114, no. 2 (April 2020): 281–87. http://dx.doi.org/10.1017/ajil.2020.6.
Повний текст джерелаАнотація:
Jadhav Case (India v. Pakistan) concerned Pakistan's arrest, detention, conviction, and death sentence of Kulbhushan Sudhir Jadhav, asserted by India to be an Indian national, who had been convicted of engaging in acts of terrorism and espionage in Pakistan. This is the third dispute over the interpretation of Article 36 of the Vienna Convention on Consular Relations (VCCR) to come before the International Court of Justice (ICJ). In contrast to the Applicants in the previous consular rights cases, India sought relief that included the annulment of Jadhav's conviction in Pakistan, his release from custody, and his safe transfer to India. After unanimously finding it had jurisdiction, fifteen judges of the ICJ, with only Judge ad hoc Jillani dissenting, held on the merits that Pakistan had breached VCCR Article 36 by failing to inform Jadhav without delay of his rights under that provision; by failing to notify without delay the appropriate consular post of India in Pakistan of his detention; and by depriving India of its right to communicate with Jadhav, to visit him in detention, and arrange for his legal representation. In addition, the Court, with only Judge ad hoc Jillani dissenting, found that Pakistan is under an obligation to inform Jadhav of his rights without further delay and is obliged to provide Indian consular officers access to him. The Court further found that appropriate reparation required Pakistan to provide, by means of its own choosing, effective review and reconsideration of Jadhav's conviction and sentence to ensure that full weight is given to the effect of the violation of his rights. Finally, the ICJ, again with Judge ad hoc Jillani dissenting, declared that a continued stay of execution constituted an indispensable condition for the effective review and reconsideration of Jadhav's conviction and sentence.
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Izarova, I. "ELI-UNIDROIT MODEL EUROPEAN RULES OF CIVIL PROCEDURE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 24–29. http://dx.doi.org/10.17721/1728-2195/2021/2.117-5.
Повний текст джерелаАнотація:
This article provides a general analysis of the Model European Rules of Civil Procedure established in 2020 (hereinafter – the Rules). It describes their structure, defines the purpose and goals, main principles. The author comes to the conclusions regarding the role and importance of these Rules for the further development of civil proceedings, both in the EU Member States and in other countries, in particular, in Ukraine. The important role of the unification of the terminology of civil procedure is identified. In particular, we are talking about such specific institutions of civil procedural law as the principle of cooperation between a judge and parties, the principle of settlement, case management and others, which are absent in Ukrainian national legislation, nevertheless, very important for the scholar research. Second, the scope and main principles of the Rules require rethinking of traditional approaches to regulating the relationship between a judge, parties and their representatives, as well as the role of a judge in proceedings, new approaches to the phasing of court proceedings and the differentiation of civil procedure, which should be helpful while further development of the civil procedural legislation in Ukraine. Keywords: access to justice; civil proceedings; dispute settlement; the principle of cooperation between a judge and parties; the principle of proportionality; effective protection of rights.
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Mirault, Jonathan, and Jonathan Grainger. "On the time it takes to judge grammaticality." Quarterly Journal of Experimental Psychology 73, no. 9 (April 9, 2020): 1460–65. http://dx.doi.org/10.1177/1747021820913296.
Повний текст джерелаАнотація:
The presentation duration of five-word sequences was varied and participants were asked to judge their grammaticality. The five-word sequences were presented for a variable duration randomly selected between 50 and 500 ms with 50-ms steps and were immediately followed by a masking stimulus. Half of the sequences were correct sentences which were randomly intermixed with ungrammatical sequences formed of the same words in scrambled order. We measured the proportion of correct responses for each presentation duration in the grammatical and ungrammatical conditions, and calculated sensitivity and bias from these measures. Both the sensitivity measure ( d′) and the probability correct responses to grammatical and ungrammatical sequences increased as the stimulus duration increased, with a d′ of 2 and an average percent correct close to 87% for the grammatical sequences already attained at 300 ms. The rate of increase in performance diminished beyond 300 ms. Grammatical decision times were faster and more accurate for the grammatically correct sequences, thus indicating that participants were not responding by detecting illegal word combinations in the ungrammatical sequences. On the basis of these findings, we provide an upper estimate of 300 ms as the time it takes to access reliable syntactic information from five-word sequences in French, and we discuss the implications of this constraint for models of reading.
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Duijzentkunst, Bart L. smit. "From Access to Justice, Book Review of Judge Cançado Trindade’s The Access of Individuals to International Justice, Oxford University Press 2011." Cambridge Journal of International and Comparative Law 1, no. 3 (2012): 298–302. http://dx.doi.org/10.7574/cjicl.01.03.56.
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Barclay, Katie. "The Sound of Politics in Early Nineteenth-Century Ireland." Journal of British Studies 60, no. 2 (April 2021): 389–402. http://dx.doi.org/10.1017/jbr.2020.248.
Повний текст джерелаАнотація:
AbstractIn the early 1800s, Jonah Barrington, an Irish judge, bemoaned that the air chosen as the march for the Irish Volunteer Movement had “no merit whatever, being neither grand, nor martial, nor animating,” contrasting it with the zeal of French revolutionary music. The emotional impact of music might be a matter of taste, but such a statement is suggestive of an aesthetics, where political music, or music used for political purposes, should have specific qualities that could be identified and judged by listeners. This article explores how people in late eighteenth- and early nineteenth-century Ireland identified music as political, using theories of the effects and affects of sound during the period and a corpus of Irish political music as an access point into historical experiences of musical enjoyment. While the impacts of music on the body are challenging for historians to retrieve, scholarship from the history of emotions highlights the important role of normative frameworks of emotion in accessing embodied experience. Working from this perspective, this article argues that we can begin to access the sound of politics for audiences of this period, contributing to our understanding of the role of music in political life.
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Sopilnyk, Rostyslav, and Juliusz Piwowarski. "Access to a genuinely independent and impartial trial: a review of the sixteenth sustainability goal completeness." Law, Business and Sustainability Herald 1, no. 1 (May 25, 2021): 43–53. http://dx.doi.org/10.46489/lbsh.2021-1-1-5.
Повний текст джерелаАнотація:
The sixteenth sustainability goal is about equality in access to justice. However, according to some events in Eastern Europe, access is insufficient. The court must be genuinely independent and impartial. In this regard, we decided to find arguments in favour of expanding the sixteenth sustainability goal. A review of the sources and a theoretical study indicated a clear link between judicial independence and sustainable development. We used the method of doctrinal research. ECtHR cases have become our data for qualitative analysis. We have reaffirmed that judicial independence is the condition of the rule of law. It means conduction of proceedings without any pressure or interference on a judge, particularly from other branches of government. We argue that the entire independence of the judiciary appears on the background of the subjective and objective independence of the judge. In addition, this study demonstrates that judicial independence is a condition for sustainable development. It is associated with public trust and public confidence in the reality of such independence. In the example of equality of parties, we pointed out that there is no need to detail the sixteenth goal further. With our study, we wish to breathe new energy into the sixteenth goal of sustainable development
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Kostiuchenko, O. "Reflections on the constitution of part one of article 459 of the criminal procedure code of Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 77 (July 13, 2023): 223–28. http://dx.doi.org/10.24144/2307-3322.2023.77.2.38.
Повний текст джерелаАнотація:
In this publication, in connection with the consideration by the Constitutional Court of Ukraine of proceedings on the constitutionality of part one of Article 459 of the CPC of Ukraine, the author's position on this issue is given. A comprehensive analysis of the legal regulation of the powers of investigating judges in judicial control over the observance of the rights, freedoms and interests of persons in criminal proceedings makes it possible to conclude that by exercising these powers, the investigating magistrate exercises the constitutional powers of the court, and all his rulings are court decisions. The investigating magistrate acts on behalf of the court as a judge – the bearer of judicial power. The exercise by the investigating judge of the powers of judicial control over the observance of the rights, freedoms and interests of persons in criminal proceedings is an integral element of the implementation of the justice function. Answering the question: "whether part one of Article 459 of CPC directly or in connection with other provisions of the Code prohibits reviewing rulings of investigating judges under newly discovered circumstances", it should be noted that part one of Article 459 of CPC does not contain a direct ban on reviewing rulings of investigating judges under newly discovered circumstances. However, there is no direct indication of the right of appeal and review. In fact, an illegal and unfair decision of the investigating magistrate enters into legal force and must be enforced. Such a situation is unacceptable, since the correction of an erroneous decision of the investigating magistrate in the form of a ruling should take place and be as close as possible in time to its review and correction of the judicial error. Deprivation of the right of access to court in the form of reviewing the ruling of the investigating magistrate under newly discovered circumstances should be considered immeasurable in relation to the goal, which indicates the inconsistency of part one of Article 459 of CPC with part 1 of Article 8 of the Constitution of Ukraine in terms of the principle of legal certainty as a component of the rule of law. And since the right of access to court was restricted in such a disproportionate way, this norm for the same reasons contradicts part two of Article 55 of the Constitution of Ukraine. The possibility of reviewing the rulings of investigating judges under newly discovered circumstances will fully comply with the principle of the rule of law and the basic principles of justice defined by the Constitution of Ukraine.
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Natale, Francesco, and Giovanni Cimmino. "Late Inguinal Swelling: Don’t Judge a Book by Its Cover! An Unusual Case of Lymphocele." Reports 7, no. 1 (March 11, 2024): 20. http://dx.doi.org/10.3390/reports7010020.
Повний текст джерелаАнотація:
A 58-year-old man with a history of diabetes type I and chronic coronary syndrome who underwent coronary artery bypass grafting (CABG) 7 years before was admitted to a cardiology unit for unplanned cardiac catheterization because of dyspnea and chest pain at rest. Femoral access was chosen because of the previous CABG and a vascular closure device (VCD) was used at the end of the procedure. Because of femoral artery rupture during VCD implantation, surgical vascular repair was performed. About 45 days later, the patient experienced a growing inguinal swelling at the site of vascular access in the absence of fever and clinical features of inflammation. The swelling became painful over time. Despite the most probable hypothesis of a hematoma, pseudoaneurysm, and inguinal abscess, a final diagnosis of lymphocele was made.
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Arnengsih, A., and Ramdani Wahyu Sururie. "HAK ASUH ANAK AKIBAT CERAI GUGAT DALAM PERKARA NOMOR 0915/Pdft.G/2017/PA.Bgr." Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam 1, no. 1 (September 2, 2020): 15–26. http://dx.doi.org/10.15575/as.v1i1.7798.
Повний текст джерелаАнотація:
ABSTRACT This research is motivated by the existence of an Application for Divorce Claims in Bogor Religious Court ruling as an Applicant filing for Claims Divorce and Child Custody. The Plaintiff as a mother filed a lawsuit to the Bogor Religious Court so that Child Custody fell on the Plaintiff. But the Defendant as the father is suing back, that the child custody holder is his father because his mother does not reflect as a good mother. Then the Board of Judges of the Bogor Religious Court rejected the Plaintiff's claim and granted the Defendant's claim to establish custody of the child at the Defendant until the child is 14 years old provided that the plaintiff is given access to meet the child. This study aims to determine the legal basis of the Panel of Judges, the method of finding the Panel of Judges in child custody cases. The results of this study are: 1. The consideration of the panel of judges granted the Defendant's lawsuit because he saw from the facts in the trial and based on the evidence submitted by the parties and looked at the benefit of the child. 2. Judges use the method of legal construction in legal discovery, namely the method of law enforcement (rechtsvervjnings). In this method, the judge can rule out articles that are deemed incompatible with the facts at this time.
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d'Oronzio, Joseph C. "Health Policy Watch: “Unexpected” Death and Other Report Cards on Access and Ethics." Cambridge Quarterly of Healthcare Ethics 4, no. 4 (1995): 549–52. http://dx.doi.org/10.1017/s0963180100006393.
Повний текст джерелаАнотація:
The era of managed care has arrived with portents of a new calculus to integrate cost and quality in health services. These devises such as “report cards” and “outcome measures” place performance against expectations and thus are expected to gauge the value of specific elements of healthcare delivery. From such measures and comparisons, the public will be able to better judge the appropriate, effective, and attractive place to seek their medical services. What is now widely used by utilization review, guiding reimbursement decisions and allowances for the length of hospital stays, will soon have a more prosperous future as general guidelines built into the very framework of managed care agreements.
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Maharani, Ni Made Anjani Dwi, Somawijaya Somawijaya, and Ajie Ramdan. "Critical Analysis of Application of Article 303 BIS Paragraph (1) to 1 of The Criminal Code in Accessible Cases Online Gambling." Pandecta Research Law Journal 17, no. 2 (December 30, 2022): 167–77. http://dx.doi.org/10.15294/pandecta.v17i2.29353.
Повний текст джерелаАнотація:
Gambling in Indonesia is distinguished into two, ordinary gambling regulated in the Criminal Code and online gambling as stipulated in Law No. 11 of 2008 on Information and Electronic Transactions. Defendant Aan alias Andi committed a crime of online gambling by the way the defendant became an online gambling agent and the defendant was tasked with sharing the access code namely password and ID to the players who wanted to become members of the defendant’s online gambling. The defendant will benefit from the players using the defendant’s access code. The problem that the researchers reviewed relates to the application of Article 303 bis paragraph (1) to 1 of the Criminal Code by the judge on criminal acts making accessible gambling content carried out by defendant Aan alias Andi. Writing these laws using methods approach juridical normative that focused on research on data library. The specification of research that used a descriptive analytical, namely give a description data and carefully as completely as possible about the object of the problem as the result of the study library various literature, legislation, and other ingredients that deals with discussion at in writing the study case. Based on the results of the research, it is known that: First, the judge decided that the defendant Aan namely Andi used Article 303 bis paragraph (1) to 1 of the Criminal Code which was inappropriate because in Article 303 bis paragraph (1) to 1 of the Criminal Code there was no element of making gambling content accessible and making gambling content accessible has been specifically regulated in Article 27 paragraph (2) of the ITE Law. Second, Decision Number 184/Pid.B/2018/PN.Btm does not reflect the objectives of the law, namely justice, certainty and expediency which will have an impact on the weakness of the law enforcement process for the crime of gambling due to the low sentence given by the panel of judges.
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Lin, Yu-Cheng, Ashley S. Bangert, and Ana I. Schwartz. "The devil is in the details of hand movement." Mental Lexicon 10, no. 3 (December 31, 2015): 364–89. http://dx.doi.org/10.1075/ml.10.3.03lin.
Повний текст джерелаАнотація:
Research with native-speaking monolinguals demonstrates that orthographic coding during lexical access is flexible in terms of letter positioning. Evidence for this comes in part from the observation of priming from transposed-letter (TL) non-words (jugde/judge), which is assumed to arise from spread of activation throughout an orthographically-defined neighborhood. The present study tested the hypothesis that, for bilinguals, orthographic coding of letter position is influenced by cross-language lexical activation. TL non-words were created from English-Spanish cognates that differed in their degree of orthographic overlap as well as from non-cognates. In Experiment 1, these served as primes in a masked lexical decision task. In Experiment 2, they were presented as targets in a mouse-tracking lexical decision task. In both experiments Spanish-English bilinguals’ lexical decision performance reflected greater TL priming for cognates relative to non-cognates and for cognates with more orthographic overlap relative to cognates with less orthographic overlap.
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Gottlieb, Sara, and Tania Lombrozo. "Can Science Explain the Human Mind? Intuitive Judgments About the Limits of Science." Psychological Science 29, no. 1 (November 2, 2017): 121–30. http://dx.doi.org/10.1177/0956797617722609.
Повний текст джерелаАнотація:
Can science explain romantic love, morality, and religious belief? We documented intuitive beliefs about the limits of science in explaining the human mind. We considered both epistemic evaluations (concerning whether science could possibly fully explain a given psychological phenomenon) and nonepistemic judgments (concerning whether scientific explanations for a given phenomenon would generate discomfort), and we identified factors that characterize phenomena judged to fall beyond the scope of science. Across six studies, we found that participants were more likely to judge scientific explanations for psychological phenomena to be impossible and uncomfortable when, among other factors, they support first-person, introspective access (e.g., feeling empathetic as opposed to reaching for objects), contribute to making humans exceptional (e.g., appreciating music as opposed to forgetfulness), and involve conscious will (e.g., acting immorally as opposed to having headaches). These judgments about the scope of science have implications for science education, policy, and the public reception of psychological science.
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Vagias, Michail. "Rethinking Amnesties and the Function of the Domestic Judge." Constitutional Review 9, no. 1 (May 31, 2023): 142. http://dx.doi.org/10.31078/consrev915.
Повний текст джерелаАнотація:
The award of amnesties or pardons has been used time and again to facilitate the attainment of peace after a civil war. However, this practice has been condemned by human rights and other international bodies as incompatible with the duty of states under human rights law to investigate, prosecute and punish human rights violations and the victims’ rights of access to justice and to the truth. Due to this incompatibility, the function of the domestic (constitutional) judge is none other than to strike down amnesty legislation as null and void. This appears to be the prevailing narrative in contemporary human rights discourse. The present contribution takes issue with this narrative. It takes the position that the international effect of regional human rights jurisprudencehas been to condition, as opposed to wholesale outlaw, the use of amnesties as a post-conflict peace-building tool. It defends the view that while blanket amnesties are increasingly considered incompatible with victims’ rights today, that does not mean that all amnesties are prohibited. From this perspective, this article argues that the proper function of domestic constitutional courts in the performance of the constitutionality control of amnesty legislation should take a different shape; instead of querying whether to strike down or to uphold amnesty legislation in its entirety, Constitutional Courts should condition amnesties to criteria – such as their position as part of a broader transitional justice package including truth telling and compensation – and monitor their implementation on a case-by-case basis.