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There are unique situations in professional life of a docctor /hospital administrators, when they are not able to provide relief to patients due to limitation of law and/or complexity of law, they are referrieng or advising patient party to approach the Court for appropriate relief.
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The answer to this question depends on the law of the place where the medical treatment is being given. In Israel, the hospital can ask a family member to apply to the Family Court for appointment of a guardian. If no such family member is available or willing, then the hospital can apply to the Legal Adviser of the Welfare Ministry, who can make an application to the Court. The Court will receive medical documents about the patient's condition which, in the view of the hospital, requires intervention; the opinion of a psychiatrist or gerontologist about the cognitive state of the patient; a social worker's report about the family situation; and the response of the Legal Adviser. Unless there is a consensus about the need for intervention , including the consent of the patient or if the patient is clearly unable to express a view (e.g. comatose, or a baby), the Court will then hear all concerned including the patient (where there is no alternative, the Judge will conduct the hearing in the hospital) and make a decision as to the appointment of a guardian, who will be authorised to give or refuse consent.
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Can anyone assist me? How to write The sample technically doesn't have any DNA in it.
Recently, burned bones for species identification have been delivered to us. We tried every method we could think of to get the DNA out, but it was ineffective. Therefore, we decided to report DNA not found in the sample.
How effectively can you inform the court that the sample lacks DNA?
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'We were unable to detect DNA using standard techniques' :)
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The age old question about theory - the I have put forward a proposition below (which I dont neccessarily agree with) - hope it generates a lively discussion and I am interested to hear from you on this facinating topic ;)
Dr Anna Kawalek
When we talk about theory in academia, any scholarly body has two main (interconnected) theoretical strands. To understand the core academic positions of any legal (or non-legal) school is to consider both aspects. The first is methodology (comprising primarily of ontological and epistemological assumptions about the law, latterly engaging relevant methods of discovering the law). This is general research philosophy applied more precisely to the subject of law (we might discuss the same paradigms in different fields, for instance, maths, physics, or sociology). This branch considers the mechanics behind making knowledge claims pertaining to whatlaw is (ontology), how we can know law (epistemology), and how these theoretical understandings create channels into relevant methods to construct knowledge. For further information, Stobbs provides an accessible overview of the academic terminology ontology, epistemology, methodology, and methods.[1]His articulation is particularly useful because it demonstrates the link between these key pillars of knowledge acquisition (ontology, epistemology, methods), each layer creating a building block for the next, and together creating rigorous methodology.[2]
The second strand concerns substantive, prescriptive, or content-drive claims about the law or what the law ought to do.[3] The focus is subject matter, content, and causal links that discusses the law, practice, and the courts. Generating substantive knowledge claims rest on a (implicitly or explicitly acknowledged) series of complementary methodological assumptions from the first strand. This makes both strands interconnected. For example, commitment to a subjectivist ontology and sociological epistemology would project a substantive theory of psycho-social variety; it is unlikely (and potentially impossible) for this type of methodology to generate a substantive claim of a natural science genre. In the alternative, an objectivist ontology and empiricist epistemology may generate substantive theory of biomedical variety. This means that every juncture of a methodological process opens up a prism of potential substantive claims, whilst closing off others. Usually, when comparing any two schools, the bigger the adjustment to methodological assumptions (what reality is and how we know it), the greater the difference in substantive claim (seeking to explain and discuss these realities). Taken together, if a methodological underpinning offers a (limited) spectrum of substantive claims, this means that literature ascribing to a similar series of methodological assumptions are likely to provoke similar genres of substantive theory. Alternatively, literature ascribing to different methodologies but examining the same phenomenon will project opposing substantive theories about that given phenomenon because they make very different theoretical commitments about the world.
In law, this point is exemplified by legal realism and formalism, two schools that are typically understood as scholarly opponents. Their ontological and epistemological beliefs mean that the realists and the formalists each respectively construct knowledge of the law and legal processes in a very different way to one-another, mobilising a very different sets of methodological benchmarks. However, at the same time, they examine similar substantive content – namely, the courts, advocacy, and juristic methods,[4] and how political standards influence adjudication.[5] The formalist position takes a normatively-infused political angle; it considers judicial decisions and how judges do and ought to decide cases, seeking to persuade practitioners to justify preferences to objective standards.[6] However, the realists reject ought questions and look at social facts and effects as they manifest in reality.[7] At risk of venturing too far into the terrains of their respective substantive claims, the key point is that they examine similar phenomena using very different methodologies. As a result, despite examining the same “thing”, they derive substantive conclusions on opposite ends of the spectrum. This serves to highlight the significance of methodological assumptions for generating substantive claims.
Are there in fact two stands when we generate theory? Discuss.
[1] Nigel Stobbs, ‘therapeutic jurisprudence as theoretical and applied research’ (chapter 3) in Stobbs, et al. [n 14] [48].
[2] Ibid.
[3] Edward L. Rubin, The Concept of Law and the New Public Law Scholarship, 89 Mich. L. Rev. 792 (1991) Available at: https://repository.law.umich.edu/mlr/vol89/iss4/3
[4] Karl N Llewellyn, ‘The Normative, the Legal, and the Law-Jobs: The Problem of Juristic Method.’ The Yale Law Journal, vol. 49, no. 8, 1940, pp. 1355–400. JSTOR, https://doi.org/10.2307/792545. Accessed 29 Jun. 2022.
[5] Jeremy Telman, ‘International legal positivism and legal realism’, in Jörg Kammerhofer & Jean D'Aspremont (Eds.) International Legal Positivism in a Post-Modern World (pp. 241-263) (Cambridge: Cambridge University Press, 2014). doi:10.1017/CBO9781139094245.012
[6] Ibid; Michael Freeman, and Dennis Lloyd of Hampstead. 2001. Lloyd's introduction to jurisprudence (chapter 9). (London: Sweet & Maxwell, 2001).
[7] Oliver Jütersonke, ‘Realist Approaches to International Law’ in Anne Orford and Florian Hoffmann The Oxford Handbook of the Theory of International Law (Oxford, Oxford University Press, 2016) DOI: 10.1093/law/9780198701958.003.0017
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Diversity is not the way to the truth. The only way to find the truth is to reduce the number of hypotheses under consideration. It is necessary to choose one pole and ensure consistency with this one single position.
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It's been couple of days for me to learn this new topic for my research study. I noticed there's a large difference when I study at my lab and food court. In the lab, my labmates will be doing their own research and most of the time, the environment is silent and cold. So, I'm easily get sleepy and hard to focus. However in food court or Cafe, there'll be a lot of people comes in group. Some with their families and some with their colleagues. They form various topic of discussions and making the environment noisier. But this environment is very ideal for me to study and focus on my research topic. I'm very curious on this situation because some of my colleagues prefer a silent and cold place to focus on their study while people like me, we like noisier and ambient place. So my questions is what make us different? Is it due to our personality or the function of our brain or how we live our lives? I know this kind of weird question but if you have reference or opinions, kindly share it here. Thank you!
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Hello, i can reply ....for me I prefer a silent to focus on my study .the noiser can't help me to read or to write ascientific article .
i believe that your personality make you different ....... cordially
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As in the title. Any help is welcome. Also, recommend open datasets.
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One should not predict the judgment of Court. It is bad in law. But one can prepare, present the case with politeness to provide necessary assistance to the Court to ascertain the truth by using ML for perusal, parse the judgments already delivered in similar matters. 2) scconline, manupatra etc. 3) For ministerial work Court can use artificial intelligence e.g. issuing and serving notices along with paper book, deciding question of jurisdiction, locus standi, taking reply on record, recording of evidence, dictation of order, pronouncement of judgment etc.
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The Constitutional Court can perform its duty only when supported by the people's trust , and this trust arises from communication with them ". What do you think ??
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The duty of the Constitutional Court is to correctly interpret the Constitution "without fear, favour or prejudice". It is only through correct interpretation and consistency that the Court can gain trust of the people.
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Based on these authors
1) Why Nations Fail, The Narrow Corridor [Acemoglu and Robinson] 2) Poor Economics [Duflo and Banerjee]
3) Tyranny of Experts [Easterly]
4) Pedagogy of the Oppressed [Paulo Freire]
I might add that there appears to be no mechanism for them to protest/resist policies that directly effect them. No court system to use like some Indigenous people do in the US and Canada.
Also they were terribly impacted by ethnic cleansing like other minorities when Po Pot ruled so trauma still effects them.
Trying to help someone with their dissertation in Political Science
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Dear Heather,
It sounds strange to me that a Political Science department these days would let you start with a 'top-down" approach to a minority group with a set of ideological and bookish assumptions about "overcoming poverty" and doctrines, rather than suggesting that you follow both international laws of development and rights that actualize treaties on sustainable development and also the laws on genocide (UN Genocide convention) and choices on consumption AND that you follow the best practices of research of learning the Chamic language(s) and their history and meeting the different Cham communities AND that you have a disciplinary question that you are trying to solve.
The Cham were quite powerful at different times in the past, not just in their own territory in Viet Nam when they were Hindu but during the eras when they became Muslim and ruled in Cambodia. They now have relatively strong communities around their mosques and also some international contacts (which can be both a help and part of a hindrance, depending on how you measure community benefit and sustainability).
If you search, you can find some of the debates that foreigners impose that create part of the problem. (I have written that the Cham can embrace some of their early culture as a way of thinking about identity as a successful group for centuries and development as a choice. Some foreigners respond by trying to force them into a Muslim identity and into opposition in a way that detaches them from their history.)
If you are interested, you can also find my articles on how to measure choices in international development law, poverty alleviation and sustainability, on Research Gate, that can help understanding planning and cultural survival of minorities like the Cham if you want to analyze how an applied model for sustainability and cultural survival and transformation could work, along with political empowerment.
You also should try to see the Cham within the context of Cambodia's development and identity which is also a product of what the international community imposes. (If you wish, you can take a look at my article and the debate on the Khmer as water experts historically and how the international community prefers that they become tourist guides today instead of engineers, which could be a way to restore their pride and place them in an important economic niche today given the importance today of water protection and use. That also has implications for the Cham, though the Cham have largely been a coastal and river people -- this is part of their identity that they could seek to restore and it is something that they emphasized with the Hindu religion and is also a part of Islam that can be valuable for them. And maybe there are clever ways that they could use international connections today outside of Cambodia to promote this.)
Overall, though, without sending you to materials to read, I suggest you work on both your Cham and Khmer languages so you can talk to the Cham communities themselves. And I suggest that you refine your question to something that is actually scientific and doesn't just purport to try to solve problems for people who don't seem to have invited you to solve what you and others have decided for them that is a problem.
If I were one of your Ph.D. advisors, I would suggest you take some of the historic models of identity of the Cham, look at how they are important globally today (like coastal water environments and the way the Cham adapted) and then design some thought experiments of how they could develop this way. Then see what the Cham and the international community do when you introduce this approach and whether it follows your hypotheses of whether it would work or be suppressed, who would support it or oppose it and why. You could then create a model of restoring identities of native peoples for success today and describe which pathways are successful, which aren't and why.
Best,
David Lempert, Ph.D., J.D., M.B.A., E.D. (Hon.)
former Senior Scholar, Center for Khmer Studies, Siem Reap
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Is it possible that Kleptomania can co-occurs with Personality disorder ?
From some research I found that Kleptomania can occurs with Personality disorder especially in cluster B (Borderline and Anti social personality disorder) but I’m not sure about that .. is it possible or not? Or they can occurs in other group (cluster A or C) ?
And how court judge in this case in England or USA ? Is it possible that court will reduce penalty ?
If you have any text or research paper , Please recommend me
Thank you in advance for your help in this matter
Regards,
Punthita
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We also need to remember that any diagnostic system, DSM, ICD etc, is a theoretical model of the lived world in which any combinations of disorders are possible. More likely combinations for clinical judgments seem to include impulse disorder, neuroses, and personality disorders, rather than more severe disorders.
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In the legal field of custody pending deportation (Abschiebungshaft) in the Federal Republic of Germany, errors happen more frequently in the lower instance, the district court. Above all, it is procedural errors that lead to decisions later being found to be unlawful, for example, a lawyer who can be seen from the files is not contacted or there is insufficient language mediation. In terms of reasons for this, the lack of time and the density of court proceedings are often put forward first, leading to a lower qualitative examination. In the same way, legal ignorance can sometimes be observed in the legal field of custody pending deportation.
I am interested in whether there are other areas of law in which similar errors can be identified at the lowest level? In other words, procedural errors that happen again and again.
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Are there any instructive and recommendable studies about the preunderstanding of a judge?
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Does anyone know how I am able to get online access to malingering assessments, especially the inventory of legal knowledge or The M-FAST? Thank you
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I don’t believe the publishers have made those particular measures available in an online format
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Good evening everyone,
I have been selected to pursue a research project on U.S. Drug courts by the Ronald McNair Undergraduate Scholar Program. Does anyone have any experience, or know anyone who has?
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there is a lot of research on this. one of my students in research methods class did a project on this though some years ago. i recommend tarting with a lit review on the topic and u will find plenty. i will try to find her biblio.
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US President Donald Trump said the international terrorist organization ISIS was founded by former US President Obama. Why isn't the account being asked in the US, which is claimed to be famous for its democracy? Why isn't the court of such an important and serious claim?
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More than one party contributed to the creation of ISIS, al-Maliki in Iraq allowed the militants to escape from Iraqi prisons to Syria in 2011, then Assad allowed them to establish a militant organization in which the Free Syrian Army would fight, to relieve pressure on the Syrian government, then the Americans used them to overthrow the al-Maliki government in Iraq in 2014,
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I have run linear regression analysis to find the relationships of court culture, court performance, court resources and socio-demographic variables. All variables are measured using scales developed by me. If someone asks why you have not SEM?
What should be reply of this question?
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If you developed the scales yourself, then the first thing you need to do is to look at their psychometric properties. SEM is useful for this, as not all items may measure the underlying construct equally well, or, indeed, at all!
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I am now working with the project of "Evaluate the Impact of the Implementation of GDPR on the Role of the European Court". Before conceptulizing it for the discussion, I need to collect some data and have some ideas of the discussion for it. Do you have any articles or reasearches recommended about this topic?
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If you search on the European court website, what are you looking for?
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Touch DNA may be useful in Sexual offences but I need its protocol and some examples so that it may be used in Indian context.
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Evidence Collection and Analysis for Touch Deoxyribonucleic Acid in Groping
and Sexual Assault Cases.
Hope this article helps you.
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I need to learn and understand the " Brain Fingerprinting Technology". Please suggest to me some good sources, either books or research articles for understanding the brain fingerprint technology especially in forensic science.
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The results of the brain fingerprinting test may not be admissible in the Indian courts, but the technique helps investigative agencies find clues in complicated cases. States like Karnataka, Maharashtra, Gujarat etc have installed brain fingerprinting technology for police investigation purposes.
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Righteousness and Justice are common buzzwords often used interchangeably that we use in the present data-driven world and without knowing what exactly it mean. The current world has Courts of Justice as part of the legal system. As many or most use the said terms inappropriately and in a meaningless way, and being even the most bright scholars and pundits have only vague ideas about it, let us have a discussion about "What is Righteousness? and how it differ from Justice?", to bring out the real meaning of "Righteousness" and to bring about a righteous society.
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Law is a set of legal rules that regulate the life of society
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  • Does normative legal philosophy also have a potential critical function vis-à-vis existing, empirically provable injustice where the injustice is not so much promoted or brought about by discriminatory laws, incorrect court rulings or actions contrary to human rights in the sense of an ideology, but rather by legislative and political laissez-faire or even omission (cf. e.g. mediterranean migrant crisis, anthropogenic climate change or pandemics)? From my point of view, this should be the case (but where is it explicitly stated and conceptually discussed?).
  • Which concepts from the field of normative legal philosophy/ legal ethics could be used to transparently and rationally criticise such state and supranational omissions from a normative perspective? Should new concepts of legal ethics be developed, can existing concepts be adapted? Who are the primary addressees? From my point of view, the minimum connection between law, serving as the basis of state action, and justice, which can be assessed against Radbruch's formula, enables a normative evaluation of state and supranational omissions, but also provides the contours for corresponding (political) duties to act.
What is your opinion regarding these issues?
Some legal philosophical approaches to these questions can be found in my paper "Extreme Wrong Committed by National and Supranational Inactivity: Analyzing the Mediterranean Migrant Crisis and Climate Change from a Legal Philosophical Perspective", Göttingen 2021.
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I believe legal theory is a tremendous force in the identification of those gaps in legislation. I see legislators all over the planet engaged in the erosion of democratic processes because they are trapped into their own epistemological limitations. Fundamental rights are more than ever under siege, and to move forward into producing a legal theory that identifies the limitations of what has been done so far is badly needed. The functional disconnect between the mandates of international law and national realities is blastering.
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Churches of the restoration faith are some of the complex churches because they do not have a specific doctrinal tradition like Catholicism, Methodism, Presbyterianism etc...they emphasise restoring the church to its pristine forms. It however has borrowed from the Calvinistic traditions and has embedded traditions in its teachings. These traditions have been overcrowded by different practices - the churches are like a court with multiple centres. The centre of the court can no longer be identified. Churches now clamor for unlearning their practices to relearn the traditions. Therefore the question is, How best can the churches of the Restoration faith unlearn their practices to relearn their faith traditions?
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There is a specific doctrinal tradition only in Catholicism, because of the Pope's teaching guidance.
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How possible is it for one challenge implementation of a bill in parliament before it becomes law? Can the same be taken to court. All views from different jurisdictions are welcome.
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All legislative process, in a given Nation, MUST FOLLOW AND BE IN ACCORDANCE WITH THE PRINCIPLES AND GUIDELINES CONSECRATED IN ITS CONSTITUTION!
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As much as I understand, the case will be decided by the jury, which consists of people who are not experts either in law or in medicine. Why is this good?
Would you be happy if you were tried by people who know neither the law nor the mater which the trial is about?
Why do law school exist, if a jury of non-experts can decide in the most difficult cases?
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Judges decides as per the laid laws whereas jurys decide as per the fact / data made available to them.
Noone will be happy if he is tried by the person who does not know the law.
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The UK has been having out of court, and therefore, accessible justice towards insolvency. There are many reasons that people end up as individuals, having to take this drastic action. Examples could include death in the family, serious illness, job losses and others. We wish to establish what are the main causes identified to date in their diversity?
Answers will be appreciated from both personal experience and from witnessing those from others.
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Thanks for your response Dominique. The law is sort of a separate issue at the moment. It is al least written. But the issues we are not certain of is what triggers the person to end up seeking to invoke the insolvency route itself. The examples I have hazarded would be for instance a death in the family that exhausts family resources to such a level that the affected individual invoking the insolvency laws with all the provisions it contains. The law then proscribes how an insolvency matter is dealt with outside the court processes and also defines insolvency, which is quite definite unless lawyers pick issue with its characterisation and fir with the definition - given the facts. So, this is more of a factual rather than a legal question.
We are looking to the most prevalent events that precede an individual deciding to seek insolvency through the law, regardless of what the law is.
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This issue involves what court has jurisdiction to hear the case, which involves an English person and an America. The American has been served a claim notice while on a visit to England. The American however, wants to question the Jurisdiction of the high court in London and want to know what European rules apply on allocation of Jurisdiction and their relevance since she is an American.
If anyone is willing to assist, I can give the summary of the case details, so that it case be understandable from your perspective.
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Yes, send us the topics and we can advise you
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One Mr wes was sued for affray in the state high court because of an argument between Mr Wes and Laurel the claimant.the agument led to Wes punching Laurel's front tooth,as a result of their shouts and screaming it attracted the neighbors.
The rullings of the court discharged and acquit wes.
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“236(1). Subject to the provisions of this constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of a State shall have unlimited jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating ot any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.”
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Hello all,
I am currently working on my final year module (T452) with the OU.
I am investigating the reliability of safety factors and have already found a lot of literature which highlights many uncertainties and reliability behind safety factors.
Something I think will add value to my report would be the possibility that safety factor, standards or design codes being challenged in court after an engineering failure.
Engineering contracts are generally issued on the basis that standards or design codes are followed, and proof that a contractor has applied these are generally accepted as evidence that they complied in the event of court case.
However, I wonder if anybody can direct me towards any sources where design codes, standards or safety factors have been challenged ?
I have been searching for days now with no luck!
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very good question
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Nepal’s constitution does not state clearly about political affiliation or membership as criteria for ineligibility for the position of the judge. Can they remain members of a political party? Or can a person who served as a parliamentarian be appointed in the position of judge? How can possible conflict of interest be avoided?
Although the 23 February decision of the Supreme Court on house dissolution set a precedent and firmly established the separation of powers between three branches of the state and established constitutional supremacy, the time taken by the Supreme Court to determine the bench and the prolonged hearings of the case raised serious doubts on judicial fairness. All eyes were on the Supreme Court regarding whether the Court would be able to protect constitutionalism and maintain its integrity - keeping itself away from the political influence.
Public perceive that the judges are and can be influenced politically. Nepal's judicial history has proved that the political influence is the most common threat. Historical evidence shows that during the royal regime, it was controlled by the King and the royal palace and after the establishment of democracy by the political forces – judges are appointed based on political affiliation and political bhagbanda (sharing) and family ties. The provisions of the Interim Constitution, 2007 and the current Constitution, 2015 governing the selection, appointment and removal of judges reflects absolute political control over the judicial branch. Many of them owed their preferment to their party connections and disincline to sever against them undermining judicial integrity and independence.
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A Judge can be a member or politically affiliated in his individual capacity with a political party of his choice as he is having freedom or right to choose his own choice as a citizen
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Once extreme democratic outcomes like Trumpism come to exist they must behave autocratically as their model structure, including the political and legal loyalties structures that they needed to persist, are the opposite as those of the normal liberal democracy model inside which extreme democratic outcomes came to exist.
Then when time for re-elections comes for extreme democratic outcomes, there is the possibility of winning or losing if playing the normal liberal democracy way, but there is the need to win at all cost if playing the extreme liberal democracy way.
Which leads to the question, what is the sufficient condition for extreme democratic outcomes like Trumpism to win re-elections or persist in power at all cost? Can the absence of this condition sufficient condition explains why Trumpism failed to persist in 2020?
Any ideas? Please share your own ideas in order to exchange ideas.
Keep in mind; this is an academic question, not a political question as I am a scientist, not a politician.
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George as shown in my pictures, under an independent rule of law system and without effective targeted chaos that induces full true majority complacency, exism movements like Trumpism cannot come to exist, and if they come to exist and when they go into re-election the targeted chaos that once worked is ineffective, they will lose re-election and nothing they can do, but to fade away, as independent courts without proof or evidence of electoral fraud will validate the winner of the contest…..
In 2016 against Hillary Clinton, systematic targeted chaos was effective, trumpism won; in 2020 against Biden, systematic targeted chaos was ineffective, trumpism lost. The dilemma the Trump party has now is how to make targeted chaos be effective again…otherwise; they cannot come into power again as long as there is no full true majority complacency….
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What is meant by bridge or phased drain? What are the conditions for its establishment and what are the services it provides? And how does its establishment differ from the regulations for establishing banks? Is its establishment subject to the Commercial Companies Law? Why? And to any specialized court to consider it?
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I would refer you to Investopedia.com where you may find answers to relevant questions such as What is a Bridge Bank, How it works, its tasks, and its timing.
In addition, the following paper would also help answer your above questions:
Bridge banks and too big to fail: Systemic risk exemption
DG Mayes - International financial instability: Global banking and …, 2007 - World Scientific
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In addition to the severe implications for public health, COVID-19 has imposed significant challenge on the access to justice. Restricted access to the judicial system has increased vulnerabilities to already vulnerable groups and communities. This has raised a serious concern on ensuring speedy access to justice.
Some experts have suggested to accelerate digitalisation in the administration of justice and have put forward ideas of ‘smart courts’. This means e-mediation, e-arbitration and online courts procedures. It might be possible in some jurisdictions but in many jurisdictions courts and judicial systems are often obstructed by series of institutional challenges. How can they create and manage ‘smart court’?
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I think their are many concerns about humanizing justice, justice is an act of humans and cannot be in any way an act of machine.
an example for that, how publicity of trials can be achieved and respected in e-court and e-arbitration, especially in criminal courts.
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would be very grateful if some recommendations are made on the relevant cases or articles to read to help. thank you.
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Probably due to lack of proper timing and consistency, among other social issues....
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As all of you may know, we can take the experience of Trumpism(November 2016-January 2021) in the USA to explore questions such as when a democratic contest can lead to partial and permanent authoritarianism. The failure of the USEXIT/Trumpism to persist by losing reelection means that we just witness temporary authoritarianism, but it could have been worse as one more step was needed to move towards permanent authoritarianism in the USA and the lost of the most relevant normal democratic system in the world. Which raises the question, When can permanent authoritarianism take hold under majority rule liberal democracies?. Any ideas about what the missing step was to transition from temporary to permanent authoritarianism in the USA in 2020. Feel free to share your ideas.
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Sometimes science fiction can turn out consistent with science.... Those scenarios of authoritarianism can be framed through parallel schemes where the two main components are effective targeted chaos (ETK) and legal loyalty to individual/party when in conflict, not to country/democracy, a situation that leads to either temporary or permanent authoritarianism....
Temporary authoritarianism comes from a shift from normal democratic outcome to an extreme democratic outcome(e.g. Trumpism) where the legal system remain loyal to country/democracy,,,,,,
Permanent authoritarianism can come in two ways, i) one step(shift from a corrupt normal democratic outcome to an extreme democratic outcome) or ii) two steps process(shift from a normal democratic outcome to an extreme democratic outcome; and effective targeted chaos soon after gaining power aimed at to transform the legal loyalty to democracy/ country to legal loyalty to party/individual for when there is legal conflict....
These dynamics have been on since 2016, but the main parties and the general population cannot see that clearly yet as under paradigm shift knowledge gaps it is difficult to know how to act or how to react so the normal democratic outcome becomes hostage of the extreme democratic outcome, ....When a shift takes place, paradigm shift knowledge gaps are created….
To persist after coming to exist, the extreme democratic outcome needs to win all cost, even when it loses; and to win even when it loses it needs to have courts with legal loyalty to party/individual, not to country/democracy.
To persist after a loss the extreme democratic outcome needs, not political loyalty only, it needs at the last result the sealing touch....legal loyalty to party/individual....
In his coming last ditch to win when it has lost, Trumpism may win a political loyalty test in congress/senate, but when it reaches the loyalty to country/democracy courts at the supreme court, the normal democratic outcome(Biden) win WILL BE RETIFY in the supreme court or the supreme court will not even hear the case as show of independence.....
If the USA supreme court were to put party/individual loyalty to country/democracy loyalty, it will be the end of president Lincoln dream of "a government of the people by the people for the people" and become a " government of the minority by the minority for the minority" and the end of democracy in the USA as the seeds for permanent authoritarianism would be in place, where win or lose, the extreme democratic outcome or Trumpism persist....
Assuming that the USA Supreme Court is still an independent body that puts country/democracy before party/individual it will reject fake facts and require facts and proof, this first try of Trumpism is done....
Assuming that the last 3 judges added to the supreme court during Trumpism transformed the court into a corrupt court that puts party/individual over country/democracy by accepting fake facts and leaving the facts and proof aside, then Trumpism will persist, and real widespread chaos will begin to force Trumpism out....
Sadly, as Trumpism requires loyalty to party/individual, it does not care about the political, social, and economic cost inflicted to the country/democracy, it only cares about PERSISTING...
Understanding the dynamics that rule the shift from normal democratic outcome to extreme democratic outcome ; and the conditions needed for them to persist or to be neutralize is important to properly safeguard democracy/country in the future….
I am just right now putting together a set of articles to be published in 2021 bringing out the ideas related to the structures of democracy that ensure the persistence of normal democratic outcomes and democracy under independent rule of law….and make it difficult if not impossible to have the conditions that allow extreme democratic outcomes to persist…
Thank you for your comment and the links to science fiction to the question at hand.
Respectfully yours
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Hello everybody
I am working on a thesis on court interpreting and thinking about a questionnaire to explore the perceptions of students at universities regarding the knowledge and skills a court interpreter should have. The hypothesis is that students know little if at all about the knowledge and skills that an interpreter should demonstrate in court settings.
The idea is first to define through interviews with lawyers and interpreters then determine knowledge and skills. In light of the interviews, I will try to see how much of these students at the university feel they have learnt or feel are important for their future career in court settings.
The problem is that I have never studied a course in quantitative/qualitative questionnaire development and feel lost. How do I develop the questionnaire? How do I validate it? These are the two questions that bother me a lot.
If you can help me with a clear reference or a validated questionnaire, I would be very grateful.
Thank you!
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I would recommend reading the following :
- Liñán, F. (2005). Development and validation of an Entrepreneurial Intention Questionnaire (EIQ). En 15th Internationalizing Entrepreneurship Education and Training Conference, Guildford
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The Hulu production ‘Harlots’ highlights how during the 18th Century aristocrats would often disregard the law (which they implemented and had enforced on their subjects) in their lust for power by abducting young maids and then would have their way with them such that the rape culminated in the death of the women all for some seconds of orgasmic pleasure. “This is fiction!!!”, you say. If you consider what has been happening at the House of Windsor over the last century you might be more credulous. Here we have a case of a young Princess Diana deceived into marriage so that the Royals could continue their bloodline. The princess, often confined to her bed-chamber (once she gave birth to the children), eventually had a mental breakdown that led to her death all while her prince charming committed repeated infidelity. In a like manner, we have another Royal, Prince Andrew, the much beloved son of Queen Elizabeth, caught with has ‘pants-down’ fraternizing with pubescent girls in the company of the late Jeffry Epstein who as an insurance policy against anyone who planned to report on his illicit operations on his Island of Pedophilia, video-taped all the rich and famous who indulged in those activities with him. What all these stores have in common are having unlimited funds to support an unchecked lifestyle.
Now to Donald Trump. If you look at the history of this man he employed his vast sums of money (presently estimated to be around 2.4 billion dollars by Bloomberg News) to commission a bevy of lawyers to succeed at victimizing individuals who cannot come up with a comparable sum of money to succeed in court. He picks his victims strategically. When he was accused of raping an underaged girl with Jeffry Epstein in the state of New York in 1994, the girl—later as an adult and apparently of modest means—never put forth an effective prosecution in 2016 (Case 1:16-cv-07673-RA). In a like manner when Trump refused to pay individuals for the construction of Trump Tower in New York or for the running of his businesses most did not have the means to fight him in court (US Today June 9, 2016). Trump has a long history of using the American court system to his advantage knowing that by simply pushing more money a rich person often overcomes the defenses of a poor person. Even when he loses in court, as he did for running a fake ‘Trump University’, he has the mean to manipulate the media such that his followers concluded that he is indeed a master deal maker as underscored in ‘The Art of the Deal’ and promoted in the TV series ‘The Apprentice’ which propelled him to the presidency.
The methods used by Donald Trump to corrupt the results of the 2020 election is much in keeping with the forgoing precedent: use the court system even when the chips are down since in the end—even if defeated—one will have the opportunity to contaminate the minds of the entourage which now number in the tens of millions and which includes prominent Congressmen, that the 2020 election was stolen, a distortion of fact that will then be used to pave the way to the next deception which always seems to replenish his bank account. So far, Trump’s followers have contributed over 170 million dollars to his ‘election fraud’ scam. The only way to end this contemptible behavior is to put him away much like what has been done with Al Capone, Anthony Salerno, Ivan Boesky, El Chapo, and if he had not taken his own life, Trump’s partner in crime Jeffry Epstein.
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This was completely new and unusual in politics and public law. It was extremely interesting to see that political scientists and other professionals did not know what would happen the next day, what reactions would occur. Similar phenomena can be observed in other countries (actors, businessmen, laymen in power), we are arriving at another milestone.
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This is a question to historians of American slavery. I thought a slave owner could give manumission for his slaves. But some sources say a slave could be freed only under certain conditions like saving a life and only by decision of a court.
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Sorry ... this is not in my specialty
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I am specifically looking for cases in Russian, Chinese, Turkey and South African courts which deals with Venezuelan recognition. Since the government of these countries recognize Mr. Maduro and not Mr. Guaido, I am trying to find does the courts in these country follow the one voice doctrine and accept that the courts should follow the recognition provided by their governments.
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Dear Sankalpa Koirala! I agree with the previous answer. I would also like to add that recognition of distinct individuals as legitimate leaders of a country is a political rather than a legal decision.
Best regards
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I am examining problem-solving court (PSC) effectiveness relative to community-level crime and arrest rates. Though I know the UCR dataset works best by agency (ORI), it would be impossible to merge this with my PSC data and have it make sense. These types of courts invariably cover counties in their jurisdictions. Knowing the limitations of county-level imputation of the UCR data, I am limiting my analysis to after 1994 and would like to use the Coverage Indicator variables as a validity measure.
Does anybody have a recommendation for where to set the cutoff? I have been searching the literature that uses UCR data and cannot find a standard.
Any help you can provide would be greatly appreciated.
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Do you have access to Maltz & Targonski's (2002) publication addressing the use of county-level UCR data? Cutoff levels may be addressed in this research. Let me know if you need a copy.
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I have three groups:
1. Population of people in a treatment court
2. Matched sample from traditional court
3. Known people in traditional court with condition being treated in treatment court
I'm thinking that I would use a repeated measures ANOVA, but wouldn't recidivism (Y/N) be the dependent variable, which isn't continuous?
I'd love advice or suggestions. Thanks!
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Welcome, Amy
Sorry, I don't remember the study, nor do I have a copy of the paper. I think it is safe to say that it explains the logic and methodology for measuring and comparing recidivism rates from a Criminal Justice policy perspective, which is not my area.
Have you reviewed the literature in recidivism, to see how recidivism is compared between groups and/or across time? That is your best bet to find an example that is perfect for your application.
Good luck!
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I am doing a research on the dispute resolution systems under the Belt and Road Initiative (specialized courts, ordinary courts, arbitration and other ADR) in several jurisdictions.
I am looking for the relevant provisions and for the case law (if any).
Thank you all in advance for helping me.
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Thank you,
Valeria Borges
!
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Bonjour , je cherche les enseignants ou les responsables de l' (ENSAS) École Nationale Supérieure d'Architecture de Strasbourg  , je suis doctorante en architecture , de l'université algérienne , j'ai bénéficié , il y a deux ans , d'un stage scientifique de courte durée (10 jours) , et depuis 2017 je n'arrive toujours pas à le consommer car je n'ai pas pu avoir une lettre d'accueil , j'ai contacté presque toutes les écoles d'architecture en France , et ils m'ont pas répondu , cette fois ci , j'ai décidé de contacter l'école de Strasbourg , et je souhaite que j'aurai une réponse favorable ,,,,, je serai reconnaissante si je reçois un msg de votre part ......
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help please!
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Hello All,
I'm interested in knowing if there are any programs for practicing law during college study such as a legal clinic and training in the courts? also, are these programs part of the college curriculum and mandatory for all?
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Да, согласны
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I am trying to research Muller, who was the chaplain of Frederick I's army in 18th century. He was the counselor who ministered to Frederick the great and Lt Katte in prison (1730) before Katte's execution. None of the resources I can find reveal Muller's first name, although he is mentioned in many history books and memoirs only by his last name. I noted many Mullers in a religious context before and after the 18th century. I would like to identify this particular Muller for a project in the works. Could you help with the first name? I would greatly appreciate your help. Thank you
Dr Nancymarie Phillips Ohio <nancymphillips@aol.com>
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Friedrich II
Dr Kamath Madhusudhana
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The challenges include: the leadership element of the crime that makes prosecution hard and the opt-in and opt-out clause that allows state parties to withdraw from the courts jurisdiction e.t.c?
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I think your question has to be more specified
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I want get help to turn my title and intent into a hypothesis for a research proposal. The following are noted challenges:
· Depression in African American men, who have been impacted by the mandates & ramifications of the child support court system, such as revoked driver’s license, professional license, interest rates continue even when incarcerated, loss of job, under employed, large fees to pay child support online, subjected to annual maintenance fees----many of the aforementioned deficits has inspire drugs, alcohol, increased aggression, and suicide/homicide
· Hopelessness
· Navigating the court system to offer incentive for men who participates in counseling
· Navigating resources
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Primero que todo es necesario determinar los factores que impulsaron a los hombres afroamericanos a tomar ese rumbo en sus vidas, para poder establecer solución a los mismos y que se puedan proponer criterios específicos para cada situación, teniendo como consecuencia una limitación a las facultades discrecionales del juzgador en los casos de juicios de alimentos.
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I am trying to detect and track tennis ball during a Padel game. I have only one camera ( 30-50 fps) recording video from one end of the court. The ball is small and moving fast. I am using yolo v3 to detect the ball but it fails to detect it most of the time. Is there any approach that can be used in this kind of situation?
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detection of tennis ball and tracking was already done by some researchers. it is better you can use their ideas and extend the work. the work is better done in OPENCV. you can go through the you tube videos and the code you can get it freely from github.
if you want the tennis ball to be detected in such situations, you can consider by recommendation. but if you want to use YOLO for detection of ball, sorry i dont have any answer.
thank you.
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While writing a paper about Hans Holbein the younger's Lais from Corinth, I noticed that Vera Mamerow, who wrote extensively about this theme in 2006, made a comparison between italian courtesan portraits and german prints and paintings, which typically portraits a prostitute (NOT a courtesan). My questions are:
  1. If courtesans ever exists in German speaking courts in the 16th century.
  2. And if they did, why no one portrayed them, OR why are the portrayal of such subjects very rare.
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Many of them are at the Hermitage, and not well named.
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Whether the Handwriting Recognition Software admissible in the court of law in respect of report filing by Forensic Document Examiners?
How much accuracy rate of this software is admissible by a court of law?
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The answer to this question will vary based on the requirements by jurisdiction. But as a general comment (I am not a lawyer) I would say that there are several issues to contemplate:
  1. How does the software compare to a forensic expert evaluation
  2. Whether the software is a blackbox or whitebox. You will need to testify and if you have a good lawyer in cross he will grill you as an expert witness on internals of the software
  3. whether the software can carry out an analysis given the constraints of the case(volume of documents on which the analysis is carried, etc.)
  4. Whether it is a tool that provides consistent results (internal consistency)
  5. Whether the software can make reproducible results that can be confirmed by other software/experts (external consistency)
  6. Whether it is a tool of common use on the practice
Hope this helps
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However, I really don't know which one to choose as a dependent variable in order to measure : students' level of attitude (1) or (2) level of performance (that would be a dependent variable for behavior). I think about the first one, since it seems more measurable than the second one. Also, as an indicator I would like to use the number of food packages, bottles, and papers thrown away by students into the volleyball court and their preference of transport (private cars or public transportation). By asking Likert scale questions about these indicators, I would like to get ordinal data about students' level of eco-friendly performance or level of attitude towards environment. Research subject is the students of our university.
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It is difficult to change attitude but easy to change behavior by force or any other parameter. Since you selected attitude as main variable then it would significantly impact your research question regarding the positive consequences of environmental education.
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What do you think about the application of artificial intelligence in the courts to make rational judgments?
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As a former Judge, I would say No, if the question is about robot judge and decision maker. However AI may greatly assist to judge in the decision making process, but the final court decision should be taken by the human judge.
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I am looking for studies on the prevalence of students with disabilities being excluded from field trips. I have found a few court case rulings but no studies looking into how often it happens and why. Thanks!
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Lisa Harms Thank you for looking into this question. I cannot help you with advice, but I do development work and action research together with youth with intellectual disabilities. Being excluded is of course a major issue.
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Recently, tik tok a video sharing social media app was banned by the Supreme court of India given the reason that it promotes pornography among children. Do you feel that banning tik tok was the right decision?
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Definitely No. Banning an app is not a good solution.
Should it be banned because you feel, its spoiling Indian culture and social life?? However, it is fact that few videos are vulgar and cheap.
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Many cases are coming to Hon'ble Supreme Court and various High Courts in India with prayer for MTP beyond 20 weeks of Gestation on ground of Congenital Anomaly of fetus detected late due to limitation of technology.
On many occasions Court allowed MTP beyond 20 weeks. This painful situation to approach the Court for poor persons not having knowledge and money for the same leading to violation of Right to life /Health under Article 21 of the Indian Constitution.
Proposed Amendment in MTP to raise the Limit to 24 weeks is pending in drafted Bill form.
There is need for strong political will to bring amendment to reality.
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A mechanism needs to be evolved to deal with such exceptional cases.
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Many environmental courts and tribunals have been created in different parts of the world to mitigate environmental injustices. Is this a positive development or will the creation of environmental courts not radically reduce environmental injustices?
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Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies
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Are you going to restrict the study to, say, family court? Juvenile offenders? Repeat offenders?
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هناك سلطات للمحاكم باختلاف أنواعها لمواجهة أو التصدي لما يمس هيبة المحكمة أثناء المحا وربما تصل هذه الأفعال الى درجة الجريمة و
قد بين البحث هذه السلطات والتي تعتبر خروجا عن القواعد العامة للإجراءات الجنائية حفاظا لما المحكمة من هيبة ولكون الجرائم أو الأفعال وقعت أمامها
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You refered to the article 11 of the Japanese constitution in your recent paper (The Anthropocene concept as a wake-up call for reforming democracy) . This article 11, however, still remains nothing more than a sheer ideal or cliche. We japanese have neither any Constitutional Court nor OFG. The Supreme Court is institutionally provided with the right to overrulle any law it judges as unconstitutional; But, it has rarely, if ever, excercised this right. A great majority of the Japanese voters are most nlikely, so seems to me, to acccept the concept of Future Branch powerful enough to check and contain the popular/parliamentary sovereignty. I would much appreaciate if you let me know how it is possible to 'launder' people's political preferences
Yukio Adachi
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Dear professor Tremmel:
Thanks for your quick response.
I did read your article (The Anthropocene concept as a wake-up call for reforming democracy), and was very much impressed and attracted by your idea of 'Future Branch' . I have no idea, however, how to persuade legialators to establish Future Branch......To confess, I have much sympathy with Profesor Dror's idea strerssing the urgent need to establish 'School for Rulers', though there exists no small risk in such an idea.
Yours,
Yukio
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Without wishing death or misadventure upon any sitting U.S. Supreme Court judge, suppose that President Trump at 11 a.m. tomorrow were to have occasion to make another appointment to the U.S. Supreme Court. Could the President - "by and with the Advice and Consent of the Senate", to be sure - appoint an artificial intelligence system to that office? The "Appointments Clause" in the Constitution (Article II, Section 2, clause 2) states that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court". There does not appear to be any requirement that the appointee be a human being.
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Michael,
Whilst I obviously have to agree with you if you narrowly define the term "could" to the context that society "could" appoint a crocodile, or an AI system, as the next U.S. Supreme Court judge if they so wished; I would merely argue that they "should" not, as neither choice would be in the best long-term interests of society.
An AI system based on current technology could (with much effort) be devised combining the capabilities of both "expert systems" and "deep learning" pattern matching systems to make simplistic legal judgements based on very rigidly formatted input data and a large database of (carefully formatted) prior case data.
However, I have tried to explain to you that current AI does not embody any powers of "ethical judgement", and that it does not "understand" the data it is processing in any meaningful way, and that these human capabilities CANNOT be imbued in the AI system simply by letting it do more and more pattern-matching based on data such as prior legal judgements.
The legal judgement that the AI produced would often be technically correct, but would frequently and randomly be eggregiously unfair, biased, wrong, or appear ethically abhorent to any reasonable human observer.
Essentially, the system could provide law, but it could not provide justice.
The sytem would not improve its sense of ethics over time, nor would it gain any deeper understanding or insight into the legal case data over time. That's simply not the way AI works.
Current deep-thought style AI isn't actually intelligent in any meaningful or anthropomorphic way like it is portrayed in popular media. All it can currently do is generalise and group data into categories, and then match new data into one of those previously learned categories.
The purpose of my previously appended reference to the chatbot was to to give one real-world example of how AI systems only learn from the data they are given, and they do not infer, extraplolate, consider, self-reflect upon, or contemplate what that data actually "means". Current AI is fundamentally incapable of those human modes of thought, or of self-improvement to aquire them.
If they are given bad data that contains unethical or biased content, they will mindlessly repeat it forever, with particularly stagnatory implications for any society which gave such a system law-making powers.
Current AI is an unthinking automata, and we must carefully avoid anthropomorphising its capabilities.
Despite spending my long career trying to make it otherwise, there is still no ghost in the machine.
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Without wishing death or misadventure upon any sitting U.S. Supreme Court judge, suppose that President Trump at 11 a.m. tomorrow were to have occasion to make another appointment to the U.S. Supreme Court. Could the President - "by and with the Advice and Consent of the Senate", to be sure - appoint an artificial intelligence system to that office?
The "Appointments Clause" in the Constitution (Article II, Section 2, clause 2) states that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court". There does not appear to be any requirement that the appointee be a human being.
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Your thinking on corruptibility of an AI system may or may not be correct, but you seem to have ignored one other important factor. You talk about an AI system as if it was an independent agent, which in my opinion is a major fallacy. AI system is a product that is made by some third party. Appointing such a system as a judge means that you have now allowed this third party to influence a judicial system - indirectly, but still. This is an egregious violation of the principle of judicial independence.
In a perfect, utopian world, this would probably be a good idea to make sure the judges are all independent and impartial (I can imagine this scenario degenerating into a dystopian one, but that's a different story). However, in our dirty and real world that is hard to imagine. Good AI systems are usually very complex (vide: the already mentioned Watson), and complex systems are difficult to validate. By that I mean: it would be very difficult to ensure that such a system is indeed independent and contains no custom code, serving some third-party purpose (a backdoor, if you will).
Personally, I really hope that such an idea will not ever be seriously considered.
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I would like to obtain the full text of FOSTERING CULTURALLY RESPONSIVE COURTS by Weller, Martin and Lederach, March 2005Family Court Review 39(2):185 - 202
DOI: 10.1111/j.174-1617.2001.tb00603.x
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You can only obtain papers from RG when the full text is online. Otherwise you may be forced to look it up in your library...
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Court challenges to dress codes have centered on the abridgment of student free speech rights. However, a new challenge has surfaced that is not necessarily rooted in free speech rights. Are dress codes discriminating against female students by singling them out for additional scrutiny based on "gendered"expression? An exploratory study of 25 New Hampshire school district policies found that there were 51 provisions specific to female student attire and 7 male specific provisions. The gendered restrictions are in large part based on the argument that if female students wear these clothes that the boys will be distracted from their studies.
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Todd A. DeMitchell
you are welcom.
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In the modern world, dangerous and inhumane things happen on a daily basis. Various states, politicians, statesmen, public figures violate the norms of civilized behavior, they do not respect human rights and violate international law.
Would it be good for RG members through a debate to establish a sort of "Russell's court", (Tribunal), to evaluate and criticize the bad and intolerable actions of important subjects in the modern world.
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Dear Christopher Nock,
Dear Florian Glodeanu,
I thought that the attitude of the scientist should be some sort of moral assessment of a social phenomenon, and not be a kind of court case. I mentioned an example of the so-called. Russell's tribunal.
Because, a scientist must be a brave man. He must help the truth against the falsehood. The scientist must not be silent - he must speak.
It must have a critical view of the phenomenon in society. The scientist must not fall under the influence of the authorities. The scientist applies the rule: cogito ergo sum (I think, therefore, I exist). That is, I criticize, therefore, I exist. A scientist must not be a conformist. I mean, a scientist must show his scientific, professional attitude to social phenomena.
Regards.
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Real-match video data for Tennis Shot Recognition like THETIS [http://thetis.image.ece.ntua.gr/ ] except that is in front of a basketball court, and too focused on the player.
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Will players' athletic skills be influenced by basketball in different weather conditions when playing in open halls?
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In 1656, Dutch artist Rembrandt van Rijn transferred his home to his son Titus (age 14) by order of the Weeskamer (Orphan's Court) one week prior to his insolvency proceeding filing. (The Weeskamer was not advised of this upcoming insolvency event). According to the literature, although he paid the principal amount owing on his promissory note, significant interest (about f 3,000) remained unpaid. How did Rembrandt obtain the release of the lien/ title from the note holder for the transfer to be completed? Were there "liens" attaching to real property in existence in the Dutch Republic in that era?
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Fascinating question.
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My question is based on the regulation of Indonesia general election supervisory body called Bawaslu RI (Badan Pengawas Pemilihan Umum Republik Indonesia) No. 8/2018 on settlement of administrative violations of general election, Article 64. Which stipulate if there is any party who is not satisfied with the verdict made out by the first stage court conduct by the provincial/district Bawaslu (only applied to the party who is act as the reporter party or the reported party in the case). could ask a favour to the Bawaslu RI as the appeal court to correct the verdict made out by the Provincial/Regency Bawaslu as the first stage court. But, in the process of correction of the verdict by the Indonesian Election Supervisory Body (Bawaslu RI). they are not obliged to present the parties which involved in this case, they will only strengthen the verdict made by the provincial or district Bawaslu or correct the verdict by examining the verdict documents and evidence presented in the first stage court. without presenting the parties involved in the case (in other words, they did not apply the audi of alteram et partem principle).
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What do you mean about defence of circumtances Mr. Muhammad Salisu Muhammad?
Thank you
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Last week, about 30 members of the self-described "Decent People" movement disrupted performance of a play called "Our Violence and Your Violence" in the theatre in the Czech Republic.
They consider that play as blasphemous and highly unethical as it ridicules the Catholic Church and the final scene even shows Jesus Christ proceeding to enact the rape of a Muslim woman.
I am going to asses the limits of the freedom of expression in this case. Do you know any useful fresh judgement of the European Court of Human Rights or your national courts that have decided similar case and address the issue of the limits of the freedom of expression, right to religious or right to free cultural performance?
You can read here about the case:
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Under the European Convention on Human Rights, the freedom of expression is protected also against the interference caused by private persons. In another word, the state has a positive obligation to protect rights of individuals against other persons and if the state fails to do so, the positive obligation would be breached and an individual may seek damages from the state. In the case to which I refer, it is also the issue of positive obligations. On one hand, the theatre may claim that the state fails to protect the actors, on the other so-called Decent ppl may claim that they were forced to leave the theatre by the police force and thus the state violates their right to expression.
I am of a view, however, that the Decent people had no right under the Czech Constitution or European Convention to arbitrary interrupt the play. Furthermore, they could use less restrictive ways to express their ideas (for example demonstrate in front of the theatre, sign petition, and so on) and, more important, the play was intended only for ppl who bought tickets and thus the performance was not open to public and couldn´t be offensive for ppl who didn´t want to see it.
However, as I went through the European Court of Human Right´s case law, the Court has reaffirmed in its several judgements that it is in state´s margin of appreciation to consider the level of obscenity of the cultural (piece of) work and to decide if such a play would be tolerated by a state or not. So, if a state will reasonably consider such a play as „beyond the border of decency“ and restricts it, such a restriction would be probably approved by the ECtHR referring to the doctrine of the margin of appreciation. On the other hand, if the state considers such a play as in compliance with the freedom of expression, there is very limited space for „protectionist“ groups such as Decent ppl to restrict it. I absolutely agree with Mary Lowth that such activities represent more of a danger to freedom of expression. I can imagine only very extreme situations when Decent people, as well as anybody else, can interfere into the play and this would be for example the cases when the play gets out of control and instantly endangers health or lives. But this was not such a case.
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Respected and dear Researchers, please help me to find court cases of good faith of contract of Islamic countries.... like arbitration where the judge applied during the decision good faith of Islamic contract law..like promissory estoppel, abuse of right, rule of situation changing..
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As a group of eraly childhood psychotherapists in Switzerland, we made the experience that children's rights to have contact to their fathers are used by courts to implement visiting settings also für sexually abused infants and toddlers with their abusing fathers.
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Thank you for answering. I was interested in research findings, because we see in our little patients in visiting Arrangements , even when accompanied by social workers, very often that features of the disturbed relationship like seductive, sexualised behaviozr etc are maintaibed.
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Yesterday the Brazilian courts upheld the corruption charges against Lula the front runner for the looming elections:
Also recently the Spanish courts upheld the imprisonment of the victorious Catalan nationalist leaders:
Questions:
Are the courts independent?
Are the charges against them 'politically motivated'?
Do we see a trend emerging here around politics and democracy?
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'political judgements cloaked in the language of constitutional principles'
yes indeed!
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Some aspects of morality are indeed legislated. So how do you determine which aspects are legislatable and which are not?
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Perhaps this question is related to yesterday's question regarding theology and philosophy? Moral obligations are frequently, but not always, based on a religious moral code. Whereas legal obligations are based on a secular "moral code," which certainly draws from religious beliefs, but is a distillation of these, and is allowed to evolve over time.
How to determine which rules are legislatable? I think maybe a short answer is, rules that reasonable people (hopefully in Congress) can agree benefit society as whole, are legislatable. Rules that depend on nothing more than faith in the precision of an ancient religious text, not so much. So, something like, "first, show me the clear benefit, then we might legislate."
Take, for instance, tithing and holy days of obligation. The secular laws do not make such practices either necessary or "moral," because they have been replaced with secular laws, independent of any religion. Tithing was replaced with "paying your taxes," and holy days of obligation were replaced with government holidays. So, reasonable people determined that the religious practices had merit, but without having to be tied to any religious rigor. For instance, taxes vary, depending on circumstances, regardless of what ancient religious texts might have prescribed. for tithing
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Im looking to base my research on OSINT and building a suspect profile. Any leads about current research or researchers would help.
Thanks
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Within the legal systems of developed countries that have adversarial legal systems (based on Common Law as opposed to Napoleonic inquisitorial legal systems), it is very unlikely that any intelligence information which has not been independently and reliably corroborated with other types of evidence could be used to achieve a criminal conviction because of the high burden of proof required i.e. "beyond reasonable doubt" evidence is required in line with Blackstone's formulation (https://en.wikipedia.org/wiki/Blackstone%27s_formulation).
On page 20 (PDF page 35) of my 2014 Masters thesis (https://www.royalholloway.ac.uk/isg/documents/pdf/technicalreports/2015/rhul-isg-2015-3.pdf) you will find a number of references to ISO and National standards for electronic records including ISO/IEC 27037:2012, DoD 5015.2-STD, BS 10008:2014 and Australian Standard HB 171-2003.
In my opinion it would not only be very expensive and slow to attempt to apply these standards in the fast-moving field of OSINT.
It is more typical for OSINT to be collected, analysed and exploited within less rigorous standards of electronic record keeping. This means that OSINT is not itself generally admissible as evidence.
However OSINT may be used as an input to identifying potential targets for forensic investigations which are conducted to the high standards necessary for use in criminal cases.
If you were to limit the scope of your study to the use of OSINT in civil cases where the standard of evidence required is lower (balance of probabilities) then I would imagine that you would have more scope for exploring the use of OSINT in direct support of legal cases.
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Dear sirs: Condensate towers to treat the outcome of natural gas drills from the sea - are planned to be build near the shore- in Israel. There is a civil concern - is it dangerous ? health problems ?
We need an expert on this matter- to present a professional resume to the supreme court - that will deal about this soon. If you are such a expert - or know one - please contact me
Thanks Yosi Scolnik
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תודה אהוד - אני אתך לגמרי בעינין זה- באמוניה אני כן מבין -
ורתחתי מכעס וגם הייתי נבוך כאיש מקצוע מ"חוות הדעת המקצועיות"
אעלק - שניתנו - כולל פרופ שכטמן- קריסטלוגרף ללא שום הבנה בהערכת סיכונים .
אני אעביר את עמדתך הלאה- יתכן שאנשי המחאה- מאוהבים בפוזה שלהם- ועל כן ירצו מישהו שמראש יתמוך בהם- זה כמובן לא אתה- גם לא אני - לו הייתי בר סמכא בתחום
שלומות וימים טובים
יוסי
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Almost everyone experience stress at the workplace. The stress could be of many different types on account of many causes. However stress imparted by top management to senior executives at work place exceeding its normal limit may lead to serious implications.
There should therefore be some legal frame work to address such issues in the Court of Law.
Do you have such law in your region/nation? Can you briefly state important provisions thereof ?
This will be helpful to one of my students conducting research on stress management for senior corporate executives and its legal framework.
Thanks in advance
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Dear dr. really your idea is so acceptable , but sorry here in my country there is no any attention to solute the stress that seniors face it in their work ,I hope we got much attention in the future ,, Best regards ,,Jawad Ali
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Given the recent interest in creating swarms of robotic flies that carry explosives and contain face recognition circuitry (as described in Bot Flies, The Economist, Dec 16, 2017) will a time come when the enablers of such killing machines will be made to account? We all know that machines will never—and I emphasize never—be able to make decisions without the assistance of humans so expect arguments such as “the machine did it” to fail in a court law. Can you imagine a world where people like Robert Oppenheimer (the developer of the atomic bomb) are hauled off to prison and later put to death for the creation of lethal autonomous weaponry?
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Dear Edward,
I propose you to see links and attached files in subject.
-Who is Responsible for Autonomous Weapons? - Future of Life Institute
-When Thinking Machines Break the Law - Schneier on Security
-UN urged to ban 'killer robots' before they can be developed | Science ...
https://www.theguardian.com › Science › Weapons technology
-We can't ban killer robots – it's already too late | Philip Ball | Opinion ...
https://www.theguardian.com › Opinion › Robots
-Making the Case: The Dangers of Killer Robots and the Need for a ...
-Killer robots: No one liable if future machines decide to kill, says ...
-Humans Can't Escape Killer Robots, but Humans Can Be Held ...
-Military Robots and the Laws of War - The New Atlantis
-In defence of killer robots: Interview with expert Dr. William Boothby ...
Best regards
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As the Honorable Supreme Court of India has ban the selling of the crackers in and near by Delhi (Delhi, Delhi-NCR). There is strong socio-cultural affinity with the crackers during Deepawali festival and in other occasions. By this way crackers are considered as essential ingredient of enjoyment. Therefore, huge acceptability for smokeless crackers. But what sort of possibility is available for smokeless/eco-friendly crackers is an important question to answer. So please en-light this topic and concern.
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Ah!! now I get it--you are talking about firecrackers, yes? one word-- crackers are something to eat. I only mean oto clarify, as the question puzzled me.
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Suppose someone who is duly sentenced to die got excellent legal representation except for one minor point--her lawyer dozed off for five minutes during her trial. Should this small lapse be a good enough reason to throw out her conviction and demand a new trial?
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If an attorney dozed off during a trial two issues are raised.
1. Did that period of sleep affect the totalilty of the outcome of the proceedings? 
2. Does it represent an attitude of that particular attorney to the importance of the trial and the defendant's welfare?
In case one, obviously the trial must be reheard.  In case two the case should be subject to full appeal and examination of the attorney's competance in all aspects of the preparation of the defence and scrutiny of the prosecution evidence should be meticulously investigated.  It should be noted that 'falling asleep' can occur not only during the trial itself but when the crucial prosecution evidence is being analysed.
I have seen a number of cases where crucial errors in prosecution evidence have not been picked up by the defence and have subsequently not been available to the jury.  This is in fact the most common failing of autoptic evidence.  It is all very well collecting and collating it but missing its significance through incompetence can defeat any or all forensic science.     
If an attorney fell asleep during prosecution's evidence in chief and examination in chief it must lead to a conclusion of a mistrial.  If an attorney was not listening at that stage then such negligence should result in a questionable verdict.   
In all cases of attorneys falling asleep during the trial, be they prosecution or defence they should be reprimanded in court, savaged in the press, reported to the bar and removed from the roll.   
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The penumbra doctrine has been decisive in cases such as Roe v. Wade and Obergefell v. Hodges.
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There may be an issue here of generalists trying to write in a specialized field. The question asks about "legal terms" having a "penumbra" of meaning. But that formulation does not capture the legal discussion. It then mixes in specific SCOTUS cases.
There is a special doctrine discussed in various SCOTUS cases concerning privacy. The doctrine is not about all legal terms, or indeed any legal term in isolation. It is specifically a metaphor used in these cases to illustrate how rights explicitly identified in the text of the Constitutution imply other rights that are not explicitly identified. (It appears that prior to this current meaning dating from Griswold, penumbra may have been used in different ways by courts.)
On the other hand, there is a branch of jurisprudence/philosophy of law that discusses textual interpretation. This branch is related to general philosophy of language and literary theory on the one hand and specific legal doctrines on the other. HLA Hart and Dworkin (maybe) engaged in this kind of scholarship. But a scholar would have to make an argument from their general theories to what they would have said about the specific SCOTUS penumbra doctrine.
Apparently Hart talked about "penumbra" cases of the meanings of particular terms as opposed to core meanings. But that theoretical concept is a different concept from the SCOTUS concept that a whole bunch of text about different rights implies non-stated rights. The whole mass of text is not a single term and the new penumbral right is not contrasted with old "core" rights as being more peripheral.
Similarly, Dworkin's theory that (roughly) principles underlie and justify all of our law together and we can infer new decisions from these principles is a different way of justifying a right to privacy than the SCOTUS penumbra metaphor (although you could argue whether it is a more precise way of stating the metaphor or just different).
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We come across many scratches on motor vehicles in accident cases. We in forensic reports just say whether the scratch was fresh or old based on oxide formation or deposition of dust . Is there any scientific method to calculate age of such scratches in hours, days,weeks  and months for giving precise evidence to the court.
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Actually it is not at all possible to find the absolute age of a scratch. This is the biggest problem almost in all areas of forensic science. To determine  absolute age of a scratch is not possible similarly.There are lot of weather effects and the position of the oxide on the metals.. We can just say it is fresh or old depending on the sheen present or  from the underneath exposure of metal sheet. shine.  
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Psychological report for court i personnel selection
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In Australia testing for court reports often evaluate cognitive ability (eg IQ tests) and possibly functional ability (eg adaptive tests) in order to determine fitness to plead.
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I am looking for a database where patent law cases and specifics regarding such cases are housed. Information within the database could be something like the parties involved (including representation), and outcome of the case?
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The tool used by the law firms for this is http://home.docketnavigator.com/.  Pacer can be used to obtain pleadings, but does not allow search by patent.  Docket Navigator does.  I know the guy quoted on the front page of the site, and others that use it.  I suspect there is a fee for usage, but maybe you can get a law firm friend to run you a quick search.  Good luck.