Position Of Courts Research Articles

The Critical Review on the Korean Supreme Court's Attitude toward the Theft of a Bankbook and That of a Cash Card - The Criminal Case of the Korean Supreme Court 2010. 5. 27. 2009 Do 9008 -

The Critical Review on the Korean Supreme Court's Attitude toward the Theft of a Bankbook and That of a Cash Card - The Criminal Case of the Korean Supreme Court 2010. 5. 27. 2009 Do 9008 -

Comparison of Chosen Physical Fitness Characteristics of Turkish Professional Basketball Players by Division and Playing Position

The purpose of the present study was to compare chosen physical fitness characteristics of Turkish professional basketball players in different divisions (first and second division) and playing positions. Forty-five professional male basketball players (14 guards, 15 forwards, 16 centers) participated in this study voluntarily. For each player, anthropometric measurements were performed, as well as a multi-stage 20 m shuttle run, isokinetic leg strength, squat jump (SJ), countermovement jump (CMJ), 10–30 meter single-sprint and T-drill agility tests. The differences in terms of division were evaluated by independent t-test and the differences by playing position were evaluated by one-way ANOVA with Post Hoc Tukey test. First division players’ CMJ measurements were significantly higher than those of second division players’ (p≤0.05), whereas second division players’ 10 m sprint times were significantly better than those of first division players’ (p≤0.05). In addition, forwards and centers were significantly taller than guards. Centers were significantly heavier and their T-drill test performances were inferior to those of forwards and guards (p≤0.05). Moreover, guards had a significantly higher maximal oxygen uptake (VO2 max) than centers. Guards and forwards showed significantly better performance in the 10 and 30 m sprint tests than centers (p≤0.05). Forwards and centers had significantly better left leg flexor strength at 180°.s−1(p≤0.05). In conclusion, the findings of the present study indicated that physical performance of professional basketball players differed among guards, forwards and centers, whereas there were not significant differences between first and second division players. According to the present study, court positions have different demands and physical attributes which are specific to each playing position in professional basketball players. Therefore, these results suggest that coaches should tailor fitness programs according to specific positions on the court.

Tracking the Implementation of Medical Referrals: Responsibility Versus Benefit

According to the court's position, an absence of procedure that flows the medical information between the specialists and the family doctors is considered malpractice on the part of the fund that insures. In the medical practice of the Israel Defense Force, there is an uncompromised system to deal with this issue because of the special responsibility for the soldiers. In this study, we proposed changing the military system in a way that will limit the amount of resources used, as well as to track directly only to those referrals for which the primary care physician has predetermined to be important for the purposes of patient risk management. The results have shown that the new method not only better stands the test of medical malpractice but also is just as effective, and possibly even more so, than the previous method.

The Professor of Secrets: Mystery, Medicine, and Alchemy in Renaissance Italy (review)

Reviewed by: The Professor of Secrets: Mystery, Medicine, and Alchemy in Renaissance Italy Pamela O. Long William Eamon . The Professor of Secrets: Mystery, Medicine, and Alchemy in Renaissance Italy. Washington, D.C.: National Geographic Society, 2010. 314 pp. Ill. $26.00 (ISBN: 978-1-4262-0650-4). The prospective readership for this study is the general public and undoubtedly also students being introduced to Renaissance history and the history of medicine in Renaissance Italy. Eamon focuses on the figure of Leonardo Fioravanti, a [End Page 500] medical practitioner, experimenter, alchemist, "professor of secrets," and prolific author. Leonardo traveled throughout Italy during the mid- and late sixteenth century, practicing medicine according to his own original regimes, advertising balsams, emetics, and other medicaments that he concocted, treating a variety of illnesses and wounds, promoting his own miraculous cures, participating in small academic societies and groups of experimenters, and eventually writing books to garner fame and advertise his spectacular successes. Eamon's method is to follow Fioravanti's travels and to contextualize the particular locales and cultural situations in which he operated. As a result, the book provides a vivid introduction to the culture of Renaissance Italy, focused particularly on empirics and other nontraditional medical practitioners, and "professors of secrets." Fioravanti favored "natural ways of healing" and opposed Galenic medicine based on the balance of the four humors that was the mainstay of university medicine. In describing the views of Fioravanti and others, for example in the 1540s in Bologna, and then in other cities that Fioravanti visited—Palermo, Naples, Rome, Venice, and Madrid—Eamon provides a richly nuanced view of a medical culture that ranged from university-trained physicians to a multiplicity of empirics, barber-surgeons, apothecaries, midwives, and "charlatans" who sold their concoctions from makeshift platforms in the piazze of Italian cities. He graphically describes diseases, such as bubonic plague and syphilis, as they must have been experienced by the people who suffered from them in the sixteenth century; and he describes patient reactions to Fioravanti's medicines, such as violent vomiting of putrid material and worms. The Professor of Secrets contains lively descriptions of empirical and experimental academies, especially in Naples, including a small group surrounding Fioravanti. Eamon underscores the wide dispersion and importance of empirical cultures at this time. He portrays the excitement of the experimenters and underscores their view that their work would benefit humanity as a whole. Alchemy was very much part of this culture, but in this particular context was utilized more for distilling medicines and other practical remedies than for discovering the nature of material reality or ascending to higher philosophical realms. Fioravanti moved to Venice because it was a great center of printing. He became a highly successful surgeon and empirical healer as he also began to write and publish his many books. Eamon describes the city itself, its role as an emporium with over fifty apothecary shops and numerous printers and print shops. He describes Fioravanti's own activity in making, advertising, and selling a variety of medicines, even developing a mail-order business and writing tracts and books. Fioravanti expounded a theory of disease that derived from corruption centered in the stomach, which could be expelled with a variety of purging medicines. He also branched out into various nonmedical schemes, persuading the Venetians to allow him to rejuvenate the city of Pola (now Pula) on the Dalmatian coast (a failure). In another effort, he wrote numerous letters to Cosimo di Medici with ideas for various inventions involving ships and various types of military apparatus, none of which persuaded Cosimo to give him a position in the Florentine court. [End Page 501] Not unsurprisingly, given his vociferously open criticism of academic medicine, Fioravanti antagonized traditional physicians who eventually managed to get him expelled from Venice for practicing without a license. He immediately went to Bologna, amazingly requested and received a doctorate in arts and medicine from the university there, and then returned triumphantly to Venice to continue his practices legally. Nevertheless, after some time he is found in prison in Milan (following the complaints of Milanese physicians), is released, moves to the court of Philip II in Madrid, again comes to loggerheads with...

Would an english court find non-therapeutic circumcision of incompetent children lawful?

BackgroundVarious legal aspects of non-therapeutic circumcision have been considered by the courts in England and Wales. For example, the necessity to obtain dual parental consent for the surgery; and whether...

The Search for Coherence in the Use of Foreign Court Judgements by the Supreme Court of Ireland

The reference to foreign court judgments by the US Supreme Courts - particularly in cases involving the US Constitution - has sparked controversy. This controversy flared in Lawrence v. Texas, where Justice Scalia criticized Justice Kennedy for reference to judgments by the European Court of Human Rights in Justice Kennedy's majority opinion striking down the Texas sodomy statute. This article examines the issue from a different perspective: references to 'foreign' court judgments (including US Supreme Court opinions) by the Supreme Court of Ireland. The article examines the Irish Supreme Court's use of judgments from the European Court of Justice, the European Court of Human Rights and the US Supreme Court. The article argues that the Irish Supreme Court's attitude to reference to 'foreign' court judgments depends upon whether the Irish Court occupies a vertical or horizontal position with respect to the other court. Where the Irish Court's relationship is horizontal (meaning in essence that the other court cannot overrule or directly criticize the Irish Court), the Irish Court is less reluctant to refer to the foreign judgment. When the relationship is vertical (in the sense that the other court can criticize or overrule the Irish court), the Irish Court is more reluctant to refer to the foreign judgment. The article examines a number of Irish cases in support of this thesis. It concludes that because the relationship with the European Court of Human rights is vertical, the Irish Court is reluctant to refer to these cases in the Irish Court's opinion. On the other hand, because the relationship with the US Supreme Court is horizontal, the Irish Court shows less reluctance in citing US Supreme Court opinions.

Landing techniques in volleyball

Knee injuries such as anterior cruciate ligament lesions and patellar tendonitis are very frequent in volleyball, and are often attributed to micro traumas that occur during the landing phase of airborne actions. The aim of the present study was to compare different jumping activities during official men's and women's volleyball games. Twelve top-level matches from the Italian men's and women's professional leagues were analysed. The jumps performed during the games were classified according to the landing technique used by the player (left or right foot or both feet together), court position, and ball trajectory. Chi-square analyses were performed to detect differences in landing techniques between the sexes, court positions, and trajectories when serving, attacking, blocking, and setting. Significant differences (P < 0.05) were found between the sexes for block, set, and spike but not for the jump serve. The frequency of landings on one foot was related to court position and the trajectory of the sets: when spiking faster sets, the players were more likely to use a one-footed landing. The present results should help coaches and physiotherapists to devise appropriate training and prevention programmes, and reveal the need for further detailed biomechanical investigations of the relationships between landings and knee injuries.

Collective Intelligence and the Possibility of Dissent: Anonymous Individual Opinions in WTO Jurisprudence

Anonymous individual opinions in World Trade Organisation (WTO) jurisprudence are occurring more frequently. This article describes and critiques the 14 individual opinions expressed to-date; discusses related legal issues; and compares the position in other international courts. It argues that the WTO strikes a balance by permitting individual opinions, if in the report and anonymous; but that 10 of the 14 were incorrect or unnecessary, and the others avoidable. It further argues that different views are adequately recorded in the summary of the parties' arguments or the Dispute Settlement Body (DSB) minutes; and that if the Dispute Settlement Understanding (DSU) (Understanding on Rules and Procedures Governing the Settlement of Disputes) is functioning correctly, the collective intelligence of reasonable judges should lead them to common ground. Considering some of the particular characteristics of the WTO compared to other international courts, the article concludes that it is in the long-term interests of the WTO that individual opinions remain exceptional. Oxford University Press 2010, all rights reserved, Oxford University Press.

Simon de Passe's cartographic portrait of Captain John Smith and a new England (1616/7)

The complex image John Smith New England 1 — designed and engraved by Simon de Passe (c.1595–1647) 2 and printed in London by one George Low in 1616/7 — has attracted the attention of many histori...

The right of companies to cross-border conversion under the TFEU Rules on Freedom of Establishment

In Cartesio the ECJ treats the cross-border conversion as the process that in the light of Treaty rules on free movement not necessarily must be permitted by the Member State of destination. The Court's stance may be explained by the fact that it considers the legal rules concerning conversion as issued by the Member State of destination as being situated outside the scope of application of the Treaty rules on freedom of establishment, because – according to the Court – they concern merely the preliminary question with regard to the freedom of establishment (i.e. the qualification of a given entity as a company within the meaning of Article 54 TFEU), and not the question of restriction on the freedom of establishment of the company concerned. The present article questions such an assumption, arguing that it is based on incorrect interpretation of Article 54 TFEU. However, if the Court's position in Cartesio is to be maintained, then the realization of cross-border conversion within the EU will be strongly hindered. As the result, the much awaited (and currently still not adopted) Fourteenth Directive turns out to be the necessary prerequisite of effectuating the cross-border conversions in practice.

The Multi-Staged Process of Judicial Review: Facial and As-Applied Constitutional Challenges to Legislation Before the U.S. Supreme Court

The Supreme Court's decision to invalidate a legislative enactment involves both the choice to strike as well as the choice whether to invalidate the statute on its face or as applied. Both choices implicate the possibility of counteraction by the legislature. In this paper, we evaluate the justices' choices to invalidate a state or federal enactment on its face or as applied using a Heckman probit technique, and find that the justices are responsive to both Congressional preferences over the substance of the challenged enactment, as well as the Court's ideological position relative to the two chambers of Congress. These findings suggest that the Court's exercise of judicial review is significantly influenced by Congress, both as to the choice to strike as well as to the method of constitutional enforcement.

The Capacity to Vote of Persons With Serious Mental Illness

Despite legal protections, persons with mental illness continue to experience discrimination that limits their access to voting in elections. In response, a number of states have adopted individualized functional determinations of mental capacity to vote. A 2001 federal court decision offered clear criteria for determining voting capacity that are based on understanding the nature and effect of voting ("the Doe standard"). This study explored the performance on these criteria by a sample of individuals with serious mental illness. The Doe standard has been operationalized with the Competency Assessment Tool for Voting (CAT-V) along with measures of reasoning and appreciation. Performance was assessed with the CAT-V in a sample of 52 community-dwelling persons with serious mental illness and then compared on measures of cognition, verbal IQ, and symptom severity. The interview questions were scored with good interrater reliability and took an average of less than five minutes to administer. Performance was high, with 92% scoring a 5 or 6 out of 6 possible points on the Doe-standard criteria. Performance did not correlate with cognition, verbal IQ, or symptom severity. The CAT-V is an easy and efficient method of determining voting capacity according to the Doe standard. Assuming that the high scores in this sample are confirmed in other groups, in general it may be appropriate to assume that even persons with serious mental illness are capable of voting. When a person's capacity to vote is called into question, screening instruments such as the CAT-V may be useful to guide an assessment.

The Capacity to Vote of Persons With Serious Mental Illness

The Capacity to Vote of Persons With Serious Mental Illness

When States Discriminate: The Non‐uniform Tax Treatment of Municipal Bond Interest

There is a long history of states using tax systems to encourage residents to invest in bonds issued by jurisdictions within their state. This preferential or discriminatory tax treatment was ruled unconstitutional in 2006 by the Kentucky Court of Appeals. The Kentucky court decision, which sets the stage for this essay, was overturned by the U.S. Supreme Court in 2008. This essay addresses the possible implications of this and similar discriminatory tax policies. Such discriminatory policies are the foundation of the municipal bond market, and altering the practice would have significant implications for revenue collections and borrowing costs in most states and localities. While the Supreme Court's position has been rendered, the case has caused policy makers and administrators to scrutinize discriminatory tax policies and their impact on budgets and borrowing costs.

The Law Applicable to Non-Occupied Gaza: A Comment on &lt;i&gt;Bassiouni v. Prime Minster of Israel&lt;/i&gt;

On 30 January 2008, the Israeli Supreme Court rendered its decision in Bassiouni v. Prime Minister - a case dealing with a challenge to the legality of cuts in the supply of electricity and fuel to Gaza. These cuts, together with trade and travel restrictions, were decided upon by Israel's security cabinet in September 2007 as a reaction to the assumption of power by Hamas in Gaza and the escalation of rocket and mortar attacks from the Gaza Strip to adjacent Israeli towns and villages This note analyzes and assesses the findings reaching by the Court in paragraph 12 of the Bassiouni judgment that contains the Court's position on the applicable legal framework against which the sanctions should be evaluated. The Court identified in this paragraph certain factors that allegedly justify the imposition - in subsequent parts of the judgment - of a duty on Israel to continue and provide some basic supplies to Gaza. But, although this outcome may be intuitively right and just, the Court did not carefully explain the legal theory which connects (a) the factual relations that characterize the relations between Israel and Gaza; to (b) Israel's legal obligations vis-a-vis Gaza. Hence, the full implications of the decision are unclear and invite further analysis. The present note seeks to fill some of the gaps in the Court's judgment. It examines the Supreme Court's position that Gaza is no longer occupied and discusses three possible bases for imposing on Israel certain duties towards the residents of Gaza notwithstanding the end of occupation: obligations under international humanitarian laws (IHL) which ensue from the conclusion that Gaza is a non-occupied territory but subject to a state of siege, extra-territorial application international human rights law to the situation in Gaza, and possible post-occupation obligations.

Functional imaging of cortical responses in expert and novice badminton players while predicting the direction of a badminton stroke

Event Abstract Back to Event Functional imaging of cortical responses in expert and novice badminton players while predicting the direction of a badminton stroke Michael Wright1* 1 Brunel University, Centre for Cognition and Neuroimaging, United Kingdom Abernethy et al. [1] showed that expert badminton players use the kinematic information of the opponent’s body movement to predict the direction of a stroke. We compared the fMRI BOLD response of expert and novice badminton players viewing 2 s video clips of an opposing player. Their task was to indicate by button press, where, of 4 possible court positions, a shot was directed. Separate blocks of 5 trials contained sequences occluded (a)160 ms before or (b) 80 ms after the racquet-shuttle contact; and (c) ´no-shot’control clips. A second version of the task used point-light stimuli. We tested 12 national or international level badminton players, 11 club players and 13 occasional players. We quantified the fMRI t-contrasts, for experimental conditions relative to controls, as % signal change in 9 paired (L & R hemisphere) regions of interest [2]. ANOVA revealed main effects of expertise in supplementary eye field, SEF (p < .005), supplementary motor area, SMA: ( p < .01), in two regions of inferior frontal gyrus: BA45 (p < .05) and BA47 (p < .05), and in inferior parietal lobule (p < .01). There was also a significant interaction between expertise and level of occlusion in SEF (p < .01) and in BA45 (p < .005) and BA47 (p < .005); such that experts showed proportionally greater activation in the pre-contact occlusion condition. In V5/MT, expert and novice responses were not significantly different. Full video and point-light versions of the task yielded very similar results. For experts, the pre-contact occlusion stimuli were strongly differentiated from control stimuli in SEF and in inferior frontal gyrus. This is consistent with these regions’ involvement in experts’ superior ability to analyse or model the kinematic information of an opponent’s body movement.

Elements of judge-made law in Serbia and European Union

Serbia has developed a legal system of state regulations of the European continental type. The majority of legally relevant relations are governed by norms in the form of laws and other general legal acts adopted by bodies of the legislative and executive branches of government. In accordance with the principle of division of power proclaimed by the constitution, courts are obliged to consistently apply general rules. Judges should apply the law, not create it. In other words, jurisprudence is not considered to be a formal source of law. However, in reality, courts have always played a much more significant role in the process of shaping the legal system. This role has ranged from a very broad interpretation of statutory rules to the creation of individual rules in order to fill legal lacunae, and even creating general legal rules. Evidence of this are the numerous examples from the history of Serbian law, which is briefly outlined in the following pages. The historical overview presents the role of courts in mediaeval Serbia, during the period of uprisings against the Turkish occupation (1804-1830), during the time of the creation of the Kingdom of Serbs, Croats and Slovenes (Yugoslavia), and in the post-revolutionary period in socialist Yugoslavia. Particular emphasis is placed on the mixed legal system with elements of judge-made law developed on the territory of the Province of Vojvodina between the two World Wars. In the second part of the paper, the role of courts in the modern law of Serbia is discussed. In that context, mention is given to constitutional approaches, current trends and the informal influence of courts in the process of shaping the legal system. A few pages have been dedicated to the problems facing courts in Eastern European in the period of transition. This primarily relates to the implementation of the community acquis which is developing at an alarming speed with far-reaching consequences for legal, economic and social stability in many countries, as well as the European Union itself. The acceptance of high and often objective unachievable legal standards widens the gap between the normative and the actual. Legal insecurity rises, and with it, mistrust in state institutions, including the courts, which carry particular responsibility for the creation of a new legal environment. The concluding segment of the paper is devoted to the role of courts in a future European law. In that context, current trends in the European Union are presented. Special consideration is given to the broad competencies of the Court of Justice of the European Communities, which delve as far as creating legal rules. Changes taking place in Europe point to the need to reconsider traditional teachings on the division of power and redefine the position of courts.

Australian forensic scientists: a view from the witness box

Forensic scientists occupy an important position in courts of law as expert witnesses. Despite a wealth of knowledge and experience about how scientific evidence is presented, Australian forensic scientists have not, until now, been asked for their perspective on how their evidence is used in the legal system. This paper highlights some of the results of a survey of Australian forensic scientists across a broad range of disciplines, which investigated their views on pre-trial processes, trial presentation of scientific evidence, their interaction with the judge, jury and other forensic experts, and finally, their comments on forensic science and expert evidence in general.

A Theory of the Perverse Verdict

The concept of a perverse verdict is one that pervades the Criminal justice system of nearly all common law jurisdictions. The English Criminal Justice system is no exception and the concept has become institutionalised as if it were a true occurrence. This paper challenges the idea and argues that it is, technically, a legal non-event given the system of trial by jury. The theory is that besides the jury, no one else is invested with the power and authority to declare a verdict and this position is supported both by legal custom and the mechanism of the criminal justice system. In this paper, I investigate the concept of the perverse verdict, the position of the superior courts and theorise on who may legitimately declare a verdict perverse. The paper concludes by alluding to transparency in the system by creating a requirement and an atmosphere of jury accountability in the form of an explained verdict as an antidote to the concept of the perverse verdict.

Violence allegations in parenting disputes: Reflections on court-based decision making before and after the 2006 Australian family law reforms

In this article I address the issue of support for decision making in cases of alleged violence in Australian family courts. I focus first on results from a 2007 Australian Institute of Family Studies Research Report, which examined cases of violence and abuse alleged prior to the implementation of the Commonwealth Government’s 2006 Family Law Amendment (Shared Parental Responsibility) Act (the reforms). A key finding of the Report was that although allegations were common and often serious, they appeared to have only minimal impact on court sanctioned parenting outcomes. The seemingly minimal impact appeared, in turn, to be linked to scarcity of detail within the allegations, combined with little corroborative or independent expert evidence. As a backdrop against which to consider post reform possibilities, I draw on five published responses to the AIFS Report as well as on key observations emanating from the North American Wingspread Conference on Domestic Violence and Family Courts. I acknowledge a number of Australian reform-related initiatives that are aimed at responding more adequately to allegations of violence and abuse. But I argue that the impact of these initiatives will be constrained by the extent to which courts have access to good information and assessments. When this is unavailable at interim hearings, I support those who argue that the default position of courts must be to adopt an initial risk management approach that privileges safety over relationships, and to follow this up as quickly as possible with services that can provide quality independent information. But I argue further that a truly effective family law system should be one in which independent forensic assessments, or at least good independently derived information, is available to courts right from the beginning. While it is too early to argue definitively that the reforms cannot achieve the goal of responding adequately to allegations of violence and abuse, I point to ongoing structural and resource reasons that are likely to make this difficult. I conclude by pointing to structural and resource-based changes, which may eventually prove necessary to address this problem.