In No Pre-Marriage Benefits for Same-Sex Couples Massachusetts Law Updates blog has reported on the latest Massachusetts Supreme Judicial Court case, Charron v. Amaral issued this past Thursday, in which the court put a very sensible limit on the reach of the Goodridge same-sex marriage case, in deciding that its prior constitutional holding in that case would not justify now ordering
In No Pre-Marriage Benefits for Same-Sex Couples Massachusetts Law Updates blog has reported on the latest Massachusetts Supreme Judicial Court case, Charron v. Amaral issued this past Thursday, in which the court put a very sensible limit on the reach of the Goodridge same-sex marriage case, in deciding that its prior constitutional holding in that case would not justify now ordering
Un juez de Estados Unidos ordenó a Google entregar a Viacom datos de usuarios de YouTube y despertó las críticas de los defensores de la privacidad el jueves, en un proceso decisivo sobre la piratería de video online.
Viacom, propietaria del estudio de cine Paramount y la red MTV, solicitó la información dentro de la demanda [...]
Systematically Gutting the Constitution While Reshaping America in their ImageAbout this time every year, 300 million-plus Americans drag themselves out of bed, get ready for their day and learn what rights they have been allowed under the latest U.S. Supreme Court decision.The unelected Supremes, in their hair-splitting wisdom, have ruled this term:* That elected representatives of the people may
Because I posted on Obama's rejection of Roberts and Alito, I decided to provide a contrast from McCain, available in full at the transcript here. From that document, here's an excerpt of McCain's statement:"[T]he...
Excerpt from “In the Penal Colony” by Franz Kafka (abbreviated)
(The story is about a settlement where they have a very peculiar judicial system, and a horrible execution method. The dialogue is between a visitor and the local self-styled “judge” annex executioner. They are talking about a soldier about to be executed).
Visitor: ‘Does he know his [...]
The Pakistani lawyers’ organisation in the United States have organised a Judicial Bus Rally for the restoration of deposed judges.According to a private TV channel, the rally went to the United Nation and protested in front of Pakistani consulate.The speakers in their speeches have demanded the restoration of deposed judges at the earliest and vowed to continue their movement until the restorat
(Por Gonzalo Sánchez).- Es el emprendimiento minero más fabuloso del país. Por año genera 180 mil toneladas de cobre y 600 mil onzas de oro, con un problema: la contaminación. Informes de la empresa lo reconocen. Está en marcha el lobby.
Por contaminación ambiental, hace 10 días la Justicia tucumana procesó con un millonario embargo al [...]
Shimla: V.C. Katoch, Secretary, H.P. Public Service Commission informed here today that Main Written Examination of H.P. Judicial Service Competitive (Preliminary), Examination, 2008 would be held in H.P. Public Service Commission Hall No. 1, Nigam Vihar, Shimla from 9th to 11th July, 2008 instead of 13th to 15th July, 2008.
He said that no separate intimation [...]
In Memory of The Late Mr P.C Pal FRCS We would like to thank the judge in this case for granting permission to judicially review the General Medical Council on the grounds of the Registrar's level of discretion and on the argument surrounding the potential violation of human rights. The case now goes to full hearing.Very few permissions are granted in this day and age so it was a victory for my le
JAKARTA - Aliansi Kebangsaan untuk Kebebasan Beragama dan Berkeyakinan (AKKBB) akan mengajukan judicial review UU No 1 PNPS Tahun 1965 tentang pencegahan penodaan agama.
“Teman-teman di aliansi akan melakukan judicial review ke Mahkamah Konstitusi (MK) terhadap UU No 1 PNPS 1965,” ujar Koordinator AKKBB Anick HT kepada okezone, Jakarta, Senin (9/6/2008).
Mengenai waktunya, Anick belum
Pedro Angulo Arana continuaria con su ponencia comentandonos sobre la realidad actual de la Defensa dentro de un proceso judicial.
El sagrado Derecho de Defensa. Contrasta tanto con la realidad, pues los Defensores de Oficio NO apelan ya que lo unico que desean es un proceso judicial menos y una sentencia mas, en su legajo.
Asi dificilmente [...]
In a letter sent to the Bench and Bar Committee of the Oklahoma Bar Committee, Sooner State District Judge Bill Graves has lashed out against proposed changes to the organization's governing rules that would help shore up protections on the...
Judicial Watch, a government watchdag group, wants Nancy Pelosi and Al Gore investigated for the commercial that ran featuring her and Newt Gingrich talking about global warming. As I first wrote about here, this commercial appears to have broken the restriction of free speech bill otherwise known as McCain-Feingold campaign finance reform. The problem lies [...]
by Phyllis Schlafly: The Second Circuit, which convenes in New York City, shot down the liberals’ longtime dream of achieving gun control by suing gun manufacturers for crimes committed by firearms. In a remarkable decision, this federal appellate court dismissed City of New York v. Beretta U.S.A. Corp. (pdf) and protected gun corporations against frivolous [...]
Marc Moore at the Poligazette has a thoughtful response to my two recent posts arguing in favor of a kind of judicial activism. His response warrants a couple of clarifications on my part: 1. Not all judicial activism is "good." There are instances where the courts in fact do make new "law" without simply ruling on the constitutionality or unconstitutionality of a law or a part of the law. In such
Un peritaje judicial solicitado por el Juzgado de instrucción número 3 que investiga la destrucción de patrimonio histórico en las obras del segundo cinturón determina que no se cumplieron varios de los requisitos que estipula la ley de patrimonio de Balears.Según explica la experta del Ministerio de Cultura a la que se le ha encargado el informe, las obras de gran evergadura como esta deben
Actually, obligatory suggests that I don't actually want to write about this, which is false. There is no doubt that the California decision is a landmark, and what I read of the 162 page set of opinions was quite well-reasoned. For the most part, neither dissent resorts to demagoguery (which is pretty typical when you have relatively independent judges doing the decision-writing), with the most v
18 de los 25 policías locales detenidos en la 'Operación Bloque' pasarán mañana a disposición judicial. La mayoría de...
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Matéria publicado no jornal The Tenessean, de Nashville, registra o impacto dos estereótipos na decisão judicial a respeito da partilha de bens de um casal que acabara de se divorciar. Clique aqui para ler.
Melissa Patiño Hinostroza, la joven estudiante de la Universidad Nacional Mayor de San Marcos detenida por la Policía por su presunta participación en la Confederación Bolivariana, grupo vinculado al MRTA, sería liberada en las próximas horas tras permanecer recluída durante 68 días en el penal de mujeres de Chorrillos.
Así lo aseguró la abogada de la joven, Silvia Romero, quien indicó que su
Nahan: Dy S. P. Paonta Mr V. S. Thakur told The Tribune this evening that court has bailed out six students and refused bail for three employees of Himalayan Institute of Dental Sciences, Paonta, arrested in Trishana Negi suicide case.
Police had arrested nine accused in connection with Trishana Negi suicide case, all were employees and [...]
Remarks By John McCain on Judicial Philosophy, REAL AUDIO Running time is 36:18 U.S. Senator John McCain delivered the following remarks as prepared for delivery at Wake Forest University, in Winston-Salem, NC, May 6, 2008 at 10:00 a.m. EDT:Thank you, Ted, and thank you all very much. Dr. Hatch, I'm grateful for your invitation to this great university. And Senator Richard Burr, thank you for that warm welcome to North Carolina and to Wait Chapel. I'm honored to be here, and I brought along a friend. I'm sure you'll recognize him -- my pal, Senator FredThompson of Tennessee.We appreciate the hospitality of the students and faculty of Wake ForestUniversity, and especially during exams. I know exam week involves some tough moments, likewhen you're up at 3:00 a.m. and have to choose between s
NNL Network: Dy S. P. Paonta Mr V. S. Thakur told media persons this evening at Paonta Sahib that today, all the nine accused arrested in connection with Trishana Negi suicide case, which includes the teachers, students and employees of Himalayan Institute of Dental Sciences, Paonta.
Accused remanded are Balvinder Kaur [warden of women hostel], [...]
This morning Stuart Wheeler was granted a judicial review of the Government’s decision to break its promise of a referendum on the EU Constitution.
Reflecting on the Government’s claim that the Lisbon Treaty is completely different to the rejected EU Constitution, the Hon. Mr Justice Owen noted in his argument that “it is plainly arguable that [...]
"Uma proposta que ainda não tem data definida para ser enviada ao Congresso Nacional já começa a ter alguns de seus pontos questionados por tributaristas.O projeto de alteração da Lei de Execução Fiscal, apresentado no começo de abril pela PGFN (Procuradoria Geral da Fazenda Nacional), permite que procuradores da Fazenda federal, estadual ou municipal bloqueiem temporariamente qualquer bem de devedores do Fisco, sem necessidade de autorização judicial.Leia a íntegra do anteprojeto aqui.O projeto, que está em consulta pública há um ano, pode ser enviado ao Congresso em maio, mas não existe uma previsão certa. De acordo com informações da PGFN, agora é necessário o aval do ministro da Fazenda. A tramitação segue então para a Casa Civil, que deve decidir o formato em qu
O objetivo genérico do Plano de Recuperação Judicial (PRJ), previsto na Nova Lei de Falências, é permitir às empresas em dificuldades financeiras que voltem a se tornar participantes competitivas e produtivas da economia.
Jose Diaz Vallejos cita a Juan Monroy Galvez quien define el proceso judicial desde un punto de vista mas amplio.
Para Juan Monroy Galvez el proceso judicial es el conjunto de actos juridicos procesales, realizados por los elementos activos de la relacion juridico procesal, con las finalidades de resolver el conflicto de intereses o acabar con [...]
Estuve leyendo el material entregado por la Asociacion de Damas del Poder Judicial con respecto a la ponencia de Jose Diaz Vallejos en el que nos define el proceso judicial desde su interesante punto de vista.
Para Jose Diaz Vallejos el proceso judicial constituye el medio pacifico de debate dialectico para lograr la solucion de los [...]
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Judicial review is a procedure in English [[administrative law]] by which English courts supervise the exercise of public power. A person who feels that an exercise of such power by, say, a government minister, the local council or a statutory tribunal, is unlawful, perhaps because it has violated his or her rights, may apply to the [[Administrative Court]] (a division of the [[High Court of Justice|High Court]]) for judicial review of the decision. If the application for judicial review is successful, the Court may set aside (quash) the u
La sala plena de la Corte Suprema otorgó el mérito legal suficiente a las transacciones extrajudiciales para declarar fundada la excepción de conclusión de un proceso judicial, al expedir sentencia del primer pleno casatorio civil convocado en toda la historia de nuestra magistratura. Así, lo informó el jurista Fausto Viale Salazar, quien consideró que con este nuevo criterio vinculante para toda
Cuando me encontraba por los pasadizos del Poder Judicial en el edificio Javier Alzamora Valdez del centro de Lima, me percate de un seminario muy interesante para mi.
La Asociacion de Damas del Poder Judicial seria organizadora del Seminario sobre Temas de Derecho Procesal Civil.
Los ponentes del seminario serian por demas interesantes. Y las ponencias se llevarian a [...]
Rosario Susana López Wong
Fiscal Adjunta Superior del Distrito Judicial de Lima
Magíster en Ciencias Penales
I) PRECISIONES INICIALES.
El planteamiento del presente ensayo, se orienta a determinar si el Poder Judicial ha contribuido o no, a la consolidación del sistema
El Sétimo Juzgado Civil de Lima multó con aproximadamente 800 nuevos soles a los miembros del Jurado Nacional de Elecciones por no cumplir el fallo del Tribunal Constitucional que ordena realizar un referéndum sobre la devolución de los aportes al desaparecido Fonavi, informó el abogado de los fonavistas, Raúl Canelo. Canelo señaló que el fallo pone a los miembros del JNE en una situación grave y delicada porque al negarse a cumplir un fallo del Tribunal Constitucional están "violando el estado de derecho".El abogado advirtió que de persistir con su actitud, el Pleno del Jurado Nacional de Elecciones podría ser destituido, en aplicación del Código Procesal Constitucional.Tras destacar la actuación del titular del Sétimo Juzgado Civil de Lima, Hugo Oré Morales, el abogado i
Paul House was convicted of rape and murder in 1986. Fifteen years after the conviction, DNA evidence DNA determined the semen in his the victim was actually that of victim's husband, House. As a result, the U.S. Supreme Court ruled the DNA and other evidence were strong enough that a jury would not have convicted House -a determination also reached by lower courts in the appellate process. This article observes "many people thought the state would issue some type of clemency to [House], or even pardon him. But no, the state kept fighting to keep him in prison." Why? The article suggests Gov. Phil Bredesen (D) is demonstrating that it is not "easy for some people to admit that they're wrong." Now, a judge has issued an order calling for the release of House arguing, "While the public has a
Businesses that are parties to arbitration agreements should review a recent decision by the Supreme Court of the United States where the Court held that parties to an arbitration agreement may not contract for expanded grounds of judicial review. In...
The Arab News reports that Saudi women will be allowed to staff reception centers to provide legal assistance in the Kingdom's judicial system. This strikes me as a Band-Aid approach to solving the severe discrimination women face in Saudi courts. Female lawyers still will not be permitted to represent their clients in the courtroom and women in civil and criminal cases continue to be denied the right to equal representation. But like all things when it comes to making significant changes in Saudi Arabia, perhaps this is the first step to relaxing the rigid segregation of men and women in the judicial system. We'll see.Women to Work in Saudi Courts: Justice Minister By Raid Qusti Arab News RIYADH — Saudi women are to be employed in soon-to-be-established reception centers at courts, Mini
Saudi Arabia's Al-Haer maximum security prison.Human Rights Watch has issued two damning reports on the Saudi judicial system that are alarming but not surprising. Here are the links to the PDF files. The first file is a 146-page reported titled “Precarious Justice: Arbitrary Detention and Unfair Justice Trials in the Deficient Judicial System of Saudi Arabia.” The second report, “Adults Before Their Time: The Children in Saudi Arabia's Criminal Justice System,” addresses the abuse of the rights of minors. Precarious JusticeHuman Rights Watch Saudi government officials have made a number of declarations in recent years, asserting that the Saudi criminal justice system adheres to high standards, and have recently implemented a number of legal reforms. The practice of Saudi justice,
The case of Daniel Gross that was filed to hold the judge, the conservator, the court appointed attorney, the ombudsman, and the state responsible for their actions, was turned down in federal court even though Gross was held a prisoner, locked up, denied all rights, isolated, and drugged against his will.
See: From Hospital, to Locked Ward, to Civil Action (pdf)
The case was turned down on "
In North East Texas, the runoff race for the Sixth Judicial District Court is getting quite heated.
In the runoff race for the court that serves Lamar, Red River and Fannin Counties, it has surfaced that one of the two candidates is accused of practicing as a psychologist without a license.
In a letter released this week to Capitol Annex, a Clarksville couple alleges that David Hamilton, who faces attorney David turner, claimed to be a psychologist and provided hypnosis treatments to the wife:
We were assured by “Dr.” Hamilton that the visits would be covered by isurance. After several visits, we came to the conclusion that Dr. Hamilton wasn’t helping her at all. Then, we discovered that he was not even licensed in Texas to practice psychology. Our health insurance co
It has always been the common perception that lawyers and solicitors have the best paid jobs in the land, but how are legal jobs performing salary wise in this day and age. Certainly in 2005 it seemed to be the case with it being reported a select few of solicitors would be pocketing around the [...]
Se acaba de aprobar una iniciativa de reforma judicial, la cual concedería facultades extraordinarias a los agentes de los Ministerios Públicos y los cuerpos policíacos. Todo esto con el pretexto de la seguridad publica y el “estado de derecho”Esto claramente ataca a las garantías de todos nosotros como ciudadanos, puesto que esto da cabida a que puedan intervenir correo, teléfono, arraigar a las personas sin orden judicial, etc..,Esto obviamente se contradice con las propuestas de los juicios orales, en las que se dispone en dar mas facultades y armas a los ciudadanos y no al revés como en este caso.Si llega a aprobarse en su etapa final, se necesitan crear grupos especializados si es que se van a realizar estas acciones, porque debe de ser gente facultada y que pueda tener una
Um pequeno litígio entre a Microsoft e um professor russo, por este instalar uma cópia ilegal do Windows num computador do seu colégio, acabou nas mãos do governo do país. O resultado não podia ser pior para a Microsoft uma vez que as autoridades russas decretaram que todas as delegações da administração pública e escolas do país passariam a utilizar pacotes informáticos open-source, colocando de lado as versões proprietárias da empresa norte-americana. Leonid Reiman, ministro russo com a pasta das telecomunicações, referiu à agência Itar Tass que "até 2009 vão ser implementados pacotes de software livre em todos os computadores dos colégios russos, que substituirã
As Publisher's Weekly says, this is a major disappointment that they should throw away a chance to defend American citizens from libel suits filed in Britain. Here's the New York Sun's report on the turnout. However, as Democracy Project tells, there's a reason why this has happened:
What's missing from the Sun's account are four important points:
1. The NY law, unlike say California's, is
You and I know the importance of the judge issue. As Senator Jeff Sessions once told me, “Nobody polls on it, but its what everyone wants to talk about.”
We need to make sure that Republican president understands this issue without wavering and without any populist tendencies. Mitt Romney is not that man, I
believe Mike Huckabee [...]
Privy Council Sitting In Bahamas For Second Time -
By TOSHEENA ROBINSON-BLAIR:
Nassau, Bahamas:
With much pomp and pageantry, the country on Monday welcomed the U.K.-based Privy Council to The Bahamas before the law lords got down to the business of hearing the first case - a murder appeal - on their agenda while here.
On Monday, the Judicial Committee dealt with murder convict Quincy Todd's appeal of his conviction. The delay in appeal was a result of Todd's difficulty to obtain legal representation.
Todd was found guilty of the 1994 murder of Venette Bellizaire.
He was convicted on February 23, 1998 of the murder of the young Haitian woman and sentenced to death. It is reported that he picked up Bellizaire from a bus stop in downtown Freeport on August 25, 1994 in a grey Nissan Sunny.
The victim was never seen alive again.
The court heard that on September 21, 1994, police interviewed him and he eventually directed them to an area where skeletal remains, clothing, a
Episode II -R v GMC Ex Parte Rita Pal My lawyer is currently sporting a designer blue light saber against the Black Knight at the GMC.The above video is dedicated to the infights between my lawyer and the GMC. All I can say is this, when the case is over, the entire lot is going to be published on line for sheer entertainment value. The judicial review relates to the the two failed complaints by Penny Mellor and her side kick Fiona Woolard to the GMC. The two subjected me to a 5 month investigation at the GMC that got me fired from my job. I look at the media arguments over whether they are harassers - and I say this - of course they are harassers. I know they are. So the GMC cleared me in the end in a pointless escapade that leaves the GMC's lawyers spending thousands defending the two harassers.
(Clearwisdom.net) My name is Pan Yu, and I sued former Chinese Minister of Commerce Bo Xilai for torture. As Bo failed to provide a defense for the case, the New South Wales Supreme Court in Sydney issued a default judgment in favor of me on November 5, 2007. The court ruled that I won the [...]
Entre investigaciones y denuncias, la tendencia es que no se libre ni el apuntador, en este caso le toca el turno a Jazztel, ya que según se publica hoy en distintos medios Jazztel esta siendo investigada, en los ejercicios que van desde el año 1999 al 2004.
La investigación se justifica con la denuncia, realizada por [...]
Our friend, distributorcap, over at the Daily Kos recently posted a "diary" entry about Giuliani. He rips him pretty good. Due to time restraints, I will address one point he tries to make. Distributorcap says:"Rudy has flip flopped his positions SO many times on SO many issues that it is tough to keep track. If he hasn't flip flopped he has promised to appoint judges that are non-activist ---- which is just wingnut code for changing positions." Much of the weight of distributorcap's argument rests on the premise that appointing non-activist judges means the same as Rudy changing positions. I beg to differ. 1. Without dwelling on it (because the bigger issue puts this one to rest), Giuliani's belief in appointing "strict constructionists" and non-activist judges does NOT mean he is flip-flopping on issues such as abortion, gay rights, etc. The issues are very different.2. The issue of judicial activism is much bigger and much broader. It goes along the lines of how to view an
Our friend, distributorcap, over at the Daily Kos recently posted a "diary" entry about Giuliani. He rips him pretty good. Due to time restraints, I will address one point he tries to make. Distributorcap says:"Rudy has flip flopped his positions SO many times on SO many issues that it is tough to keep track. If he hasn't flip flopped he has promised to appoint judges that are non-activist ---- which is just wingnut code for changing positions." Much of the weight of distributorcap's argument rests on the premise that appointing non-activist judges means the same as Rudy changing positions. I beg to differ. 1. Without dwelling on it (because the bigger issue puts this one to rest), Giuliani's belief in appointing "strict constructionists" and non-activist judges does NOT mean he is flip-flopping on issues such as abortion, gay rights, etc. The issues are very different.2. The issue of judicial activism is much bigger and much broader. It goes along the lines of how to view an
Get a judgment somewhere in China. Then try to collect. There is little value in a judgment when the authorities flout its enforcement. Read this Washington Post article. The local government, against whom the judgment was entered, won’t pay and can’t be forced to.
Yuci township, the subject of the story, is not a rogue element (although it may be run by rogues); in fact, it displays typical administrative behavior. It might possibly disgorge its illegal gain if a superior authority compels it to — a strategy used by a number of American bankers collecting on bad loans in China (”The governor of the province is a personal friend of mine, and if you don’t give me my $23.6 million today I will be having lunch with him tomorrow). But then, the judiciary is once again circumvented by the power structure which would — or would pretend? — to espouse judicial independence in the first place
Read Original Post Here
Extradition Appeal Dismissed:
By Quincy Parker -
Nassau, Bahamas:
The Judicial Committee of the Privy Council has laid out the reasons underpinning the high court’s decision to dismiss the appeal against extradition for seven Bahamian men facing drug charges in the United States.
The dismissal of the appeal on July 24, 2007 cleared the way for committal proceedings of the men to proceed without further delay.
Trevor Thomas Roberts, Devroy Moss, Sheldon Athelston Moore, Lionel and Linden Deal, Shanto Curry and Gordon Newbold were arrested in 2004 following an extradition request by the United States. The men were suspected of having committed drug trafficking offences.
After laying out the arguments presented by Maurice Glinton, the law lords dismissed them quite bluntly.
"Their lordships are of the opinion that there is no merit in any of Mr. Glinton’s arguments," the ruling said. "There has already been an inordinate delay in these cases, due to the time that disposing of th
Get a judgment somewhere in China. Then try to collect. There is little value in a judgment when the authorities flout its enforcement. Read this Washington Post article. The local government, against whom the judgment was entered, won’t pay and can’t be forced to.
Yuci township, the subject of the story, is not a rogue element (although it may be run by rogues); in fact, it displays typical administrative behavior. It might possibly disgorge its illegal gain if a superior authority compels it to — a strategy used by a number of American bankers collecting on bad loans in China (”The governor of the province is a personal friend of mine, and if you don’t give me my $23.6 million today I will be having lunch with him tomorrow). But then, the judiciary is once again circumvented by the power structure which would — or would pretend? — to espouse judicial independence in the first place
Read Original Post Here
If you were not a dumb Malaysian, you would have guessed that something was very wrong with our Malaysian judiciary way back in 1988. Did you?The current sensational Lingam Tape saga has brought back disturbing memories of that 1988 crisis. Yesterday for an example, MalaysiaKini published a sensational story about our former Lord President Tun Hamid Omar. Tun Hamid Omar was reported to have said that he would be sacked from his post if he did not chair the tribunal that later cost Tun Salleh Abas his job in 1988. The expose was revealed by a former President of the Malaysian Bar Council recently.I don’t know about you folks out there but I no longer find stories about our 1988 judicial crisis as juicy as it was couple of years back. Nowadays, I find them deplorable. It only shows that we are a big bunch of stupid citizens of Malaysia! We had suspected that something was wrong with our judiciary back in 1988 but have we done something to save it then? Even after 19 long years, Malaysi
First let me say I do not care if OJ Simpson is locked up for the rest of his life. Since he got away with murder, I will not loose a wink of sleep if he is convicted in the Vegas heist.But, even better than the possibility of seeing a monster finally get his just dues, is that some light is being shed on the dirty secret of the American Justice System.And that is rats and snitches--along with the life and death power which has been placed in the hands of mealy mouthed, power-hungry prosecutors.I learned back in second grade not to be a tattletale, when my best friend Melanie caved in my face.Like every elementary classroom in America, mine is not a bastion of due process. Nonetheless, I have no use for tattletales: “Teacher, Teacher Johnny is picking his nose.”Even worse, is the deal where one is caught on the playground slugging one of his his little pals, and it is “he hit me first.”But that is what we have going on in the OJ case. A bunch of nefarious characters, all as e
Author: Linda Gayle MillsPaperback: 216 pagesPublisher: University of Michigan Press (November 1999)Language: EnglishISBN: 0472109502(R)A Penchant for Prejudice combines a detailed empirical study of the decision-making practices of judges with a sophisticated theoretical argument which exposes contemporary myths about judging and suggests methods of incorporating the inevitable bias that is detected in this and other studies. Based on a unique study of the decisions of Social Security judges, the book challenges the meaning of judicial impartiality. Linda G. Mills finds that, in practice, bias is a consistent dimension of what is considered "impartial" decision-making. The results reveal that impartiality as the legal system now defines it, is itself a form of bias, and that a historically and contextually sensitive definition of bias, one which takes account of the communities and cultures that come to be judged in the legal system, must overcome the modern dual
Después de más de tres años en procesos judiciales,una madre soltera le ganó a la asociación de la industria de la música en los EEUU conocida como la RIAA. Una corte en el estado de Oklahoma resolvió que dicha asociación le pague 70 mil dólares en compensación a Debra Foster después de haber sido acusada de bajar música ilegalmente a través de una red P2P, según una declaración de la Electronic Frontier Foundation.
Después de que la RIAA la acusara en el año 2004, y se presentara evidencia de que estaban demandando a la persona equivocada, la RIAA continuó sus procedimrentos legales, hasta que después de dos años, decidieron abandonar los cargos. Foster en aquel momento decidió demandar compensación por las acciones de la RIAA. El juez Lee West de Oklahoma declaró la teoría legal de la RIAA como “sin razón y frívolo”, y le dió la razón a Foster.
La RIAA todavía tiene que negociar con otras dos personas acusadas erróneamente que están en el
via the conservative judicial blog ConfirmThem and Fox News.GOP frontrunner Rudy Giuliani will unveil his "Justice Advisory Committee" this week on a two-day swing through heavily Republican western districts of Iowa, home of the first presidential caucuses in 2008. ... Former U.S. solicitor general under President Bush, Ted Olson, will chair the panel. Former Bush administration Deputy Attorney General Larry Thompson and filibustered judicial nominee Miguel A. Estrada will be among the "who's who" of conservative legal and judicial advisers to Giuliani.Estrada, of course, is the jurist for whom social conservatives fought a protracted, two-year confirmation battle when his nomination to the U.S. Court of Appeals for the D.C. Circuit was filibustered by senate Democrats from 2001-2003.Olson is very well-liked and highly respected among judicial conservatives, as is Larry Thompson (though the latter is lesser-known). Thompson was John Ashcroft's #2 man at the Department of Justice dur
So it seems that Giuliani wants to put on a good impression by announcing a power house Judicial Advisory Panel. I just don't see Conservatives getting behind Giuliani on this move alone, he leans a little more to the right than I think most people would like.Last week, he was smeared by Firefighters for a myriad of thier own reasons. What I find hilarious about all of this is if the issue centered around 9/11 then why are just now hearing about it? Say it with me, election year is coming.I think we can easily conclude that this is certainly another checkmark in the long line of smear campaigns leading up to the primary. The question is how will the general voting populace receive it?Of course, this is all probably unimportant information. The second Fred Thompson or Newt Gingrich announce, we can stick a fork in Rudy as well.
Washington, DC) -- Judicial Watch, the public interest group that investigates and prosecutes government corruption, today released new documents from the Federal Bureau of Investigation (“FBI”) related to the “expeditious departure” of Saudi nationals, including members of the bin Laden family, from the United States following the 9/11 attacks. According to one of the formerly confidential documents, dated 9/21/2001, terrorist Osama bin Laden may have chartered one of the Saudi flights.Read the whole story.
Hyderabad, May 28 (IANS) A court here Monday remanded Shoaib Jagirdar, who was arrested in connection with a blast at the historic Mecca Masjid here, in judicial custody for 14 days for attempting to obtain a fake passport.
Shoaib, a 52-year-old butcher and native of Jalna in Maharshtra, was produced before the Nampally Criminal Court, which sent him to judicial custody. He was later shifted to the Chanchalguda Central Jail.
Shoaib was Friday arrested in Jalna. Though no evidence was found linking him to the May 18 blast, the police found during investigation that he attempted to obtain a fake passport for Sameer, a Lashkar-e-Toiba (LeT) operative.
Shoaib allegedly visited Hyderabad in February this year along with Sameer alias Nayeem.
Sameer was arrested along with three other LeT operatives in West Bengal while crossing India-Bangladesh border in April this year. He is in judicial custody in Mumbai.
A case under the Passport Act has been registered against Shoaib, who was subjected
¿Qué es una subasta Judicial?Es un acto celebrado en un procedimiento judicial con la finalidad de obtener dinero para pagar la deuda reconicida judicialmente a favor del acreedor, vendiendo para ello los bienes embargados o hipotecados del deudor. Las subastas judiciales forzosas se celebran conforme a lo dispuesto en la Ley de Enjuiciamiento Civil de 7 de enero de 2000, que introdujo muchos cambios respecto a la anterior legislación.¿Cómo participar en una subasta?.Para participar en una subasta, el primer paso es obtener la información de la misma por el medio de publicidad que haya sido acordado por el Juzgado, podrá ampliarse la información a través de los datos y documentación que con carácter público pueden consultarse en los Juzgados.Para tomar la determinación de participar en la subasta hay que tener en cuenta los siguientes factores.El tipo de la subasta, o valor del bien determinado judicialmente, se constituye por el precio que al bien le ha asignado un perit
A New Jersey judicial ethics committee filed a Complaint against New Jersey associate Supreme Court Justice Roberto River-Soto on May 11, 2007 accusing him of violating certain Judicial Canons, and R. 4:15-8(a)(6) which bars conduct that brings the judicial office into disrepute. The Complaint stems from Justice Rivero-Soto's involvement with his son's juvenile delinquency complaint filed in munic
Islamabad, May 22 (DPA) A Pakistani court Tuesday remanded in judicial custody a woman and her husband, who underwent a sex change 16 years ago, pending charges of deception and “unnatural wedlock,” news reports said.
Wife Shahzina Tariq and Shumail Raj, who was born Nadia, were arrested by police late Saturday after appealing to the Lahore High Court for protection from relatives seeking to have the marriage annulled on the grounds that it was against Islam for two women to wed.
The couple says they originally married to protect Tariq from being sold into marriage to pay off her uncle’s gambling debts.
But they went underground after a recent medical test ordered by the court revealed the sex change. Raj, whose breasts and uterus were removed during two major operations, had told the court he is male.
They were arrested in Lahore for lying to the court and were moved to their hometown of Faisalabad, located about 100 km to the west.
The court also said that the doct
New Delhi, April 30 (IANS) A city court Monday sent Bharatiya Janata Party (BJP) MP Babubhai Katara, facing charge of involvement in a human trafficking racket, to Tihar Jail in judicial custody till May 4.
Additional Chief Metropolitan Magistrate Kamini Lau sent Katara to the jail after police produced him in the court at the end of the MP’s 11-day remand in police custody and told the court that his custodial interrogation was over.
Police also submitted to the court around three dozens passports and other fake and incriminating travel documents recovered from his possession.
Seeing the large number of fake travel documents, Magistrate Lau asked police if they had registered a separate case related to the possession of the fake documents by the MP.
Police, however, replied that they were yet to register the case.
Katara’s counsel filed an application before the court objecting to registration of two separate cases by police on the same incident, related to his arrest on
The lawyers` team helping murdered human rights activist Munir`s widow, Suciwati, in her civil law suit against Garuda Indonesia airline company is to report the sudden replacement of a judge in the Central Jakarta District Court jury handling the case to the UN rapporteur on judicial independence. "We are going to report the change to the UN so the outside world will know about it," Choirul Anam, one of the lawyers, said here Friday.The report would be addressed to Leonardo Despoy, the UN Special Rapporteur on the Independence of Judges and Lawyers on the Situation of Human Rights Defenders, Choirul said.
Many have often called us the "A Team" for obvious reasons. I am wanted by the General Medical Council for the crimes of writing material contrary to establishment practices. Having won in court in the strike out application on R Pal v General Medical Council et al, we decided to retire. Nevertheless, after their decision on Professor Griffiths Ex Director of Public Health West Midlands NHS Executive we decided to come out of retirement and hit it to them one more time with a judicial review. In effect their decision means the following 1. Any junior doctor whistleblowing under the GMC's Whistleblowing Protocol can be accused of being insane. They can also be accused of being inadequate at their job. This can be done without investigating the issues and without any evidence or verification. The director of public health is normally the first port of call for all whistleblowing concerns. There is no accountability for this manner of behaviour. In effect the GMC has currently sanctioned
The Constitutional Court rejected the judicial review request of Article 39 letter a Decree No. 39/2004 yesterday (12/4) on Indonesia's Employee Protection and Placement. The constitutional judge considered that the request was baseless. “So it must be turned down,” said the judges' panel chairman, Jimly Asshiddique, during the constitutional trial in Jakarta. The judicial review of Decree No. 39/2004 was proposed by several Indonesia's employee candidates: Esti Suryani (20), Martina Septi Mayasari (19), Deniyati (20), Sumiyati (20) together with the Indonesian Manpower Watch. The employee candidates cannot work abroad under 21 years old.They assumed that the working age limitation is discrimination against employee candidates under 21. This is regarded as violating the citizen's constitutional right of a decent job and living, the right to work with payment and fair also proper treatment while working.
El grupo Abuztúa Inversiones ha subrogado la propiedad de las cuatro parcelas municipales que en su día adquirió la empresa Roseworld junto al centro comercial Gran Sur y cuya adjudicación está siendo investigada en el juzgado por la querella que interpuso en su día José Carrión. Aunque el caso está bajo secreto de sumario, ya han prestado declaración ante el juez por este procedimiento el alcalde de La Línea, Juan Carlos Juárez, concejales de la Corporación municipal y técnicos del Ayuntamiento, tal y como ha venido informando este diario. Rafael Román, director general de Abuztúa Inversiones, confirmó ayer a Europa Sur que, efectivamente, este grupo inversor ha subrogado la propiedad de estas cuatro parcelas y que las ha adquirido por 14 millones de euros, dos más de lo que le costaron a Roseworld en diciembre de 2005. Román explicó que fue la empresa Roseworld la que se puso en contacto con este grupo para venderle estos terrenos y se mostró sorprendido por el h
This just makes me laugh…. The following is an actual judge’s sentence in the Federal court case of Avista Management v. Wausau Underwriters.
“Upon consideration of the Motion – the latest in a series of Gordian knots that the parties have been unable to untangle without enlisting the assistance of the federal courts – it [...]
