Court Records Research Articles

A Different Look at the Indian Law Cases on the U.S. Supreme Court

In recent years there has been a lot of attention paid to the U.S. Supreme Court by Indian law scholars. All the attention has been due to the dismal Court record in the Rehnquist and Roberts’ Courts for supporting Indian Country cases. Over the years authors have attempted to determine what the cause is for such a poor record. Some have concluded that some of the cases were wrongly decided. Others have attempted to analyze the Courts involved in terms of conservative and liberal or they have attempted to identify biases that some judges may have. One author has turned to statistical analysis in an attempt to determine if hidden variables are in play. Unfortunately no one has found a smoking gun though several theories have been proposed but one thing that has developed over time is that a database of cases has been evolving starting with the Rehnquist Court and it has now grown to more than one hundred forty cases. The database has provided a great opportunity for researchers who can now avoid the sometimes complex searches required by commercial databases. The purpose of this paper is twofold. First I have updated the database with some newer cases and then I have tried a new approach to analyze the various Courts beginning in 1954 with the Warren Court up through recent cases in the Roberts Court. I will say at the outset that a lot of subjectivity is involved but I see that as an advantage because scholars can easily adapt the criteria I am using to more directly fit their needs. I too will admit that I have not found a smoking gun although I have made some interesting observations which may spark an idea in someone else’s mind. I have first divided the cases into 10 broad categories in an effort to see if this categorical approach highlights anything. Then I have attempted to divide the cases by how narrow or broad the opinion is. A discussion follows that highlights some of the findings and offers ideas on how the research can be expanded.

Новый ГОСТ Р 7.0.97-2016 «Система стандартов по информации, библиотечному и издательскому делу. Организационно-распорядительная документация. Требования к оформлению документов» и ведение судебного делопроизводства

Новый ГОСТ Р 7.0.97-2016 «Система стандартов по информации, библиотечному и издательскому делу. Организационно-распорядительная документация. Требования к оформлению документов» и ведение судебного делопроизводства

A Wedding Gone Wrong The Rather Worldly Woes of a Rather Wealthy Qādirī Sufi Shaykh. Two 18th Century Documents from the Ottoman Court Records of Ḥamā and Aleppo

A rather intricate legal case took place first in Ḥamā’s and then in Aleppo’s Ottoman Islamic courts around the middle of the 18th century. The setting, the social standing of the individuals involved, and the alleged circumstances of the case all contribute to make clear that this was not just another routine court case. Altogether, the two documents are a good example of the scope and quality of the information preserved in the archives of local courts and they both demonstrate the extent and modes of implementation of Islamic law in a specific Ottoman milieu. The long inventory of personal property in the Aleppo document gives us a good idea of the social status and affluence enjoyed by the plaintiff – a member of the Jīlānī/Qādirī family – and an interesting insight into material culture and what constituted wealth and affluence at the time.

EVALUASI PENERAPAN PPH PASAL 22 ATAS PEMBELIAN BARANG YANG DIBIAYAI DENGAN APBN DI PENGADILAN TATA USAHA NEGARA MANADO

Each country has several sources of tax revenue, non-tax revenues and grants. From these sources of income, the tax becomes one. This research is intended to find out and apply whether Article 22 Income Tax on the purchase of goods financed by APBN in Manado State Administrative Court has been implemented in accordance with the established rules, namely Regulation of the Minister of Finance of the Republic of Indonesia Number 107/PMK.010/2015 and PMK 242/PMK.03/2014. Period of data taken is 2016. Type of research used is descriptive which will discuss about the implemeniation of Article 22 Income Tax on the purchase of goods financed by the State Budget at the State Administrative Court of Manado. The type of data used is qualitative data proof SSP PPh Article 22. The results of this study indicate Calculation, Payment, and Reporting on the procurement of goods financed by the state budget at the State Administrative Court of Manado not in accordance with the rules it stipulates from the application of Manado State Administrative Court Record has been in accordance with existing regulations.Keywords : calculation, registration, payment, reporting, article 22 income tax

Equality of Muslim Women in Israel as Reflected in Shari’a Court Records 1951 - 1961

Equality of Muslim Women in Israel as Reflected in Shari’a Court Records 1951 - 1961

Curatorship Institution in The Ottoman Empire: The Law, Administrative and Social Implementation of The Curatorship Institution According to 18th-Century Court Records

It is called tutelage for the appointment of other persons to protect, operate and save the property of persons who can not use their rights or incapable of using them in Islamic law and Ottoman law. The Ottoman Empire attaches importance to the concept of tutelage with both Islamic law and tradition-based reasons and implements it by appointing a guardian and a curator in his own law. In particular, the Ottoman Empire attaches great importance to taking the necessary measures to manage the house and its children after the death of the parents, the frequently operated the guardianship institution and provided protection for the value of the goods in situations such as loss and inadequate sanity by appointing a curator. This study is trying to explain the law, administrative and social application of the institution of curatorship in the Ottoman Empire through the examples of documents in Diyarbekir court records.

A Muslim Hidalgo? The Nasrid Oligarchy From a Castilian Court Record

En este trabajo se analizan ciertos aspectos de la sociedad nazarí de finales del siglo XV. Para hacerlo, se emplean las informaciones contenidas en un pleito de hidalguía de principios del siglo XVI. Este pleito afectó a los descendientes de un converso granadino hijo de un alcaide de Iznalloz. La particular perspectiva que proporcionan estos testimonios, que realizan una equiparación entre hidalguía castellana y parte de la oligarquía granadina, plantean numerosas preguntas sobre la sociedad del Reino de Granada a finales de la Edad Media.

The Price of Ignorance: The Constitutional Cost of Fees for Access to Electronic Public Court Records

The U.S. Federal Judiciary maintains a system called PACER, “Public Access to Court Electronic Records.” PACER is the public gateway into the electronic repository for all documents filed in federal court. In lieu of appropriating funds for operating the system, Congress permitted the Judiciary to collect fees. Through the web, for a per-page fee, members of the public may access documents that have traditionally been part of the free public record. The fees have persisted for decades, even though Congress intended for the Judiciary to move away from user fees to a “structure in which this information is freely available to the greatest extent possible.” This paper argues that the Judiciary has erected a fee structure that forecloses essential democratic ends because the fees make public federal court records practically inaccessible. The per-page fee model inhibits constitutionally protected activities without promoting equally transcendent ends. Through this fee system, the Judiciary collects fees at ever-increasing rates and uses much of the revenue for entirely different purposes. In this era, the actual cost of storing and transmitting digital records approaches zero. Hence, PACER should be free. This paper examines the public’s interest in free electronic access to federal court records and considers the relative strength of legal and policy arguments to the contrary. Part I performs an accounting of the true costs of a free-access regime. Part II details the benefits of free electronic access to federal court records. Part III argues that, in the tradition of Richmond Newspapers, free access to electronic court records is a constitutionally necessary element of the structure of our modern Judiciary.

Особенности составления описей на дела и наряды постоянного хранения в судебном делопроизводстве

Особенности составления описей на дела и наряды постоянного хранения в судебном делопроизводстве

‘An Egiptian and noe Xtian Woman’: Gypsy Identity and Race Law in Early America

Though many scholars have referenced Joan Scott as the earliest Gypsy in North America, thanks to a 1695 Henrico County Virginia court record identifying her as “an Egiptian and noe Xtian woman,” none have explored her life further. Despite this, an examination of the fornication charge against Scott suggests much about her life. Scott entered the colony twenty years before her fornication charge and while unmarried bore a child whose father the court considered a man of color. In these ways, Scott’s life appears similar to her contemporaries. Yet, in other ways Scott’s experience differed. By allowing the court to believe in her Gypsy identity and non-Christian religion she worked the court in her favor and saw her case dismissed. When historicized and contextualized, the meager details known about Joan Scott enhance our understanding of the colonial American Gypsy experience and contribute to a broader American historical narrative.

Sylwetki nieletnich sprawców, wobec których sąd orzekł umieszczenie w młodzieżowym ośrodku wychowawczym lub zakładzie poprawczym

The article analyses the profiles of youth offenders with regard to whom courts in 2014 ruled one of the most severe penal measures specified in art. 6 of the Law on juvenile justice of 26 October 1982, i.e. placement in a youth care centre or youth correctional facility. The analysis was carried out using materials collected in the course of research at the National Institute of Justice for the Ministry of Justice within the framework of the project ‘Application of educational measures in the form of placement in youth care facilities and of correctional measures by family and youth courts in light of statistical data and court record research’. The research sample consisted of 397 juveniles (319 boys and 78 girls), who had been brought before a court for criminal offenses (demoralisation was indicated only in 75 of the cases). Information was also collected on 60 other juveniles with regard to whom the court had ruled non-isolation education measures or had discontinued proceedings. Due to the sizable disproportion between the two groups, the latter group was only used for comparative purposes at the stage of compiling the final report. It is not discussed in the article.For the purposes of the study, the notion of ‘juvenile profile’ was defined using the following variables: sex, age, school level, place of residence, problem behaviour at school and outside school, previous interaction with the system of justice, previously applied education measures and the nature of the offense. This ‘profile’ was supplemented by a description of the juvenile’s environment, including family structure, parents’ education and employment status, living conditions and occurring problems. A brief overview of Polish and international literature concerning the risk and protective factors when it comes to youth offenders confirms that it is useful to consider these two elements together. The aim of the analysis was to find out who were the offenders with regard to whom courts had ruled one of the most severe measures under art. 6 of the Juvenile law. Eight detailed research questions were formulated. Most of them came down to determining whether variables such as sex, age, school level, place of residence, negative behaviour in school or outside of school, previous experiences with juvenile courts and problems in the family had any influence on a higher incidence of offending. One of the questions was related to whether certain risk factors in the subjects’ family environment occurred more frequently depending on sex. Correlation between the variables was tested using cross tables and Cramer’s V and Phi statistical measures. Also included is a statistical analysis of juvenile delinquency based on the data of the Polish National Police Headquarters and of the Ministry of Justice.It was found that the juveniles with regard to whom the most severe measures had been ruled in 2014 were mostly boys who had committed criminal offenses, mostly property crimes, at the age of 15-16. They were middle school (gimnazjum) students, living in cities, causing problems both in school and beyond. More than half had previously come into conflict with the law and had previously been sentenced to different education measures. On average, one in two was growing up in a full family (whether biological, adoptive or reconstructed), in which the income did not exceed the national average. The living conditions of around half of them were average, while the family environment was characterised by various problems, ranging from substance abuse, criminality and prison sentences to domestic violence. Although the studied boys and girls presented a similar picture, a more detailed analysis of certain variables made it possible to bring out significant differences. These differences are visible when it comes to the reasons for launching proceedings before a court, the age at which the offense was committed, the problems caused, previous contacts with the law, as well as the type and frequency of previously applied education measures. The risk factors in the family environments of boys and girls were also largely the same. The only difference was the intensity of their occurrence – decidedly higher in the families of juvenile boys. This means that the boys had grown up in worse living conditions, their parents were less educated were rarely employed. The intensity of problems related to substance abuse, a criminal record and domestic violence in their homes was also higher.

Epidemiological and Clinical Aspects of Domestic Violence in Senegal

Introduction: Despite being under-reported, domestic violence remains a significant challenge in Senegal. The aim of this study is to provide a descriptive analysis of the epidemiological and clinical factors characterizing domestic violence in Senegal. Methodology: A descriptive and retrospectively observational study was conducted. The data was collected from the court records of female victims of physical and/or sexual violence registered from 2006 to 2015. Female victims of physical and/or sexual violence at the hands of their husbands who had a court record at one of Senegal’s high courts during this period were also included. All records that met the inclusion criteria were selected for the study, and the data was analyzed using Epi Info 3.3.2. Results: According to the court records of 148 female victims of domestic violence, the average age of the victims was 30.6 ± 10.1 years. More than 3/4 (76.4%) of the victims were housekeepers, 82.4% of whom were uneducated. The average age of the perpetrators was 40.4 ± 11.4 years, and they were self-employed in the informal sector in 47.3% of the cases. Additionally, more than 3/4 (78.4%) of the perpetrators were uneducated. Eleven women (8% of the victims), were abused while pregnant. Physical violence was predominant (95.3%), while those associated with sexual assault accounted for 4.7% of cases. Of the 7 recorded cases of sexual violence, 3 were cases of unwanted sexual touching, and all cases of physical violence were cases of assault and battery. The violence took place at the home of the perpetrators in 81.8% of cases. In 84.7% of the cases, victims received treatment and care within 24 hours or less. Among the victims, 73% showed clinical lesions. Contusions, hematomas and penetrating wounds were most frequent, representing 23.1%; 19.4% and 13.9% of cases respectively. Conclusion: Despite the low number of cases registered in the judicial system in the past ten years, much more violence is occurring without being denounced by the victims. Therefore, it seems appropriate to increase awareness within the community and break sociocultural barriers that hinder the recognition of women’s rights in the couple.

ORZEKANIE O PODZIALE MAJĄTKU WSPÓLNEGO MAŁŻONKÓW W ŚWIETLE BADAŃ AKTOWYCH

RULINGS ON THE DIVISION OF MATRIMONIAL ASSETS IN THE LIGHT OF RESEARCH ON COURT RECORDS Summary The article discusses the division of matrimonial assets in Poland after the cessation of community property. The first part of the article presents the ways in which the division may be effected, both in non-procedural and in divorce proceedings. The latter is rarely used in practice, despite the benefits it brings the divorcing spouses and the opinion of the Polish Supreme Court on this matter. The second part of the article presents the results of the research carried out by Dominika Godlewska on this issue.

Does Judge Turnover Affect Judicial Performance? Evidence from Italian Court Records

ABSTRACTItaly is among the countries with the highest litigation rate and those with the highest duration of trials. This article shows that judge turnover contributes negatively to delays in Italian courts and outlines possible policies for improvement. In Italy, judges can voluntarily move from one office to another after three years of mandate, and the law prescribes their transfer after ten years to guarantee their independence. Flaws in the process managing the backlog of outbound judges and the existence of asynchrony between outbound and inbound transfers produce a chain of delays to the disposition of court cases. Using a novel dataset on Court of Appeal Districts in Italy (2008–2012), we provide evidence of a strong negative relation between high turnover rates and judicial performance. We find that marginal increases in judge turnover rates lead to a statistically significant decrease in judicial performance over two years of time.

The structure and vulnerability of a drug trafficking collaboration network

Prior research has established that collaboration networks exhibit heavy-tailed degree distributions, assortative degree mixing, and large clustering coefficients. Using court record data, we assess these properties in a collaboration network among heroin traffickers. Consistent with prior research, we find an exponential degree distribution and strong local clustering. However, the traffickers mix dissortatively by degree rather than assortatively. Using a graph sampling method, we show that a consequence of dissortative mixing is that targeted vertex removals have a greater impact on the connectivity and cohesion of the trafficking network. We also note the importance of degree mixing for characterizing and identifying topological weaknesses.

Perils of Miscommunication: The Beginnings of Informed Consent

ABSTRACT This article addresses the perils of miscommunication and the beginnings of informed consent in a landmark United States common law, Schloendorff vs Society of New York Hospital. For a century, Schloendorff has been understood as a case of surgery performed without consent on an anesthetized patient after a pelvic mass was discovered. This case illustrates the clinical ethical errors that occur when physicians fail to communicate with each other and with their patient. To support this interpretation, we review the original medical and surgical records, letters of key participants in the case, and the trial court record. Ms Schloendorff actually lost her legal case. Indeed, her surgery might not have been performed at all had her clinicians known, communicated, documented, and reaffirmed what the patient actually wanted. This new interpretation of Schloendorff is important for contemporary obstetric and gynecologic care, because it documents the perils of the medical errors of implicit consent, delegating the obtaining of consent, and miscommunication among clinicians. From the perspective of the lessons taught by Schloendorff, the modern culture of patient safety and quality that has come to define excellent obstetric and gynecologic care, including ultrasound, should be understood as a powerful preventive measure against the clinical ethical perils of miscommunication that reduce the quality of patient care and unnecessarily compromise professional obstetric and gynecologic ultrasound. How to cite this article Chervenak FA, McCullough LB, Chervenak J. Perils of Miscommunication: The Beginnings of Informed Consent. Donald School J Ultrasound Obstet Gynecol 2016;10(2):125-130.

Religion and emotion

In early 17th-century Finland, then part of Sweden and pronouncedly orthodox Lutheran, several people in the south-west regions were found to possess and use rosaries. This article discusses rosaries and rosary practices as material objects in the context of performing emotion and gender, on the basis of the ensuing court cases. The court record cases of rosary practice show that a Marian devotion channelled religious feelings in 17th-century Finland and that the experience or performance of these feelings had not changed as much as church teaching on the subject had. In reading of these emotions, however, one has to take into account the nature of the source material: court records were not meant to create a religious affect, but rather the opposite. Therefore they create emotions that support the authority of the legal system. The materiality of the rosaries themselves is abstracted in the court record text. Something of the materiality, and the emotions carried by it, can, however, be read from the narratives as recurring topics and repeated remarks; these methods of creating religious emotions used by the people were bodily and physically active techniques. The emotions thus created spread on a wider range than would be suggested by the interpretations of (medieval) Marian devotion, from displays of indifference and detachment to compassion, building the feeling of communality and belonging.

Timur Kuran, ed., Social and Economic Life in Seventeenth-Century Istanbul: Glimpses from Court Records, vols. 1–10 (Reviewed by Ali Yaycıoğlu)—ERRATUM

The publication year of each volume and the type of binding for volumes nine and ten were noted incorrectly. We regret these errors and any problems they may have caused.

Attorneys' Fees on Appeal: Misapplication of the Law of the Case Doctrine Raises Procedural and Substantive Due Process Concerns

The authors contend that an appellate court should not grant or deny entitlement to appellate fees without the benefit of the trial court’s ruling on the validity of a proposal for settlement or contractual agreement because entitlement may depend on the trial court’s resolving factual issues. Thus, ruling on entitlement to appellate fees without the benefit of a developed trial court record raises procedural and substantive due process concerns. The authors conclude that if the appellate court decides to grant a motion for appellate fees in reviewing the final judgment, then the court should grant fees conditioned upon the trial’s court finding that the proposal for settlement or contractual agreement is valid.Appellate court orders deciding entitlement to fees without the benefit of a developed record raise substantive due process issues with profound consequences, in particular because such fee orders deprive litigants of substantive due process, as they require litigants to lose a significant property interest by paying their adversary’s attorneys’ fees for the underlying trial and subsequent appeals. The problem is that sometimes there is no underlying legal basis for attorneys’ fees when the trial court finds a proposal for settlement was not made in good faith. But a party should not be deprived of its due process right to a meaningful, full, and fair hearing before it is held liable for its opponent’s attorneys’ fees.An appellate court should not grant or deny entitlement to appellate fees without the benefit of the trial court’s ruling on the validity of a proposal for settlement or contractual agreement because it is premature for the appellate court to rule on a motion for attorneys’ fees without the benefit of a developed record. If the appellate court decides to grant a motion for appellate fees in the first appeal, then the court should grant fees conditioned upon the trial court’s finding that the proposal for settlement or contractual agreement is valid. Otherwise, appellate orders granting fees unconditionally, when the issue of entitlement has not been decided at the trial court, will infringe on litigants’ rights to procedural and substantive due process.

Divorce and Types of Divorce at the End of Seventeenth-century Bursa

According to Islamic law which is the basis of the Ottoman law of domestic relations, the right to get divorced, in principle, belonged to the man. It was sufficient for the man to verbally announce that he was divorcing his wife by his own declaration of intention. It was not necessary to have the court record the situation. However, the number of divorce documents that we encountered in court records shows that the divorce cases in the Ottoman society were recorded. This situation was crucial to protect the rights of the two parties after divorce. The termination of a marriage, which was recorded in the religious records by the kadi (Muslim judge) in the Ottoman courts, was possible in three different ways: talâk, a man’s unilateral declaration of will (bâin or ric’î); muhâlaa, generally realized by the woman renouncing her rights such as mehir (bridewealth) and iddet nafakası (the alimony given to women in the waiting period to remarry after divorce); and tefrik, which was realized through the verdict of the judge. Talâk was completely the man’s decision, whereas the woman’s request could be considered in muhâlaa and tefrik. This study examines all of the divorce documents from 1670 to 1698 in the Bursa Shari’a Court Records.