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Prisoner Never Gave Me Anything for What He Done:" Aboroginal Voices in the Criminal Court
Shelly A.M. Gavigan
Socio-Legal Review , 2009,
Abstract: Aboriginal people participated in different ways in the criminal process in the early years of the North-West Territories region of Canada- including as accused persons, as informants, and as witnesses. Their physical participation was often mediated by the police, Indian agents and sometimes, their Chiefs. Their words were also mediated by interpreters, both linguistic and cultural, and their signatures invariably marked as “X” on their depositions. Scholarship that has examined the relationship of Aboriginal peoples to criminal law has tended to interrogate the criminalization and moral regulation strategies implicit in the process of colonization and domination of the First Peoples. This paper will discuss less visible aspects of the legalized process of colonization: (1) the participation of Plains Cree, Saulteaux and Metis peoples among others, whose traditional values and norms nonetheless seep through the handwritten, translated transcription and alien norms of the Canadian criminal court; and (2) cases in which Aboriginal complainants who, notwithstanding their substantive inequality, invoked the criminal process to insist that those who wronged them also be punished in accordance with the principles of Canadian law.
IMPARCIALIDAD DEL TRIBUNAL ORAL EN LO PENAL: TRAS LA CONQUISTA DE LA GARANTíA Impartiality of the oral court in crime: In quest for guarantee  [cached]
Germán Echeverría Ramírez
Revista de Derecho , 2010,
Abstract: Controlar la indiferencia judicial, las amenazas de prejuicio del juzgador y garantizar a los acusados niveles adecuados de confianza en la neutralidad del juez, constituyen los aspectos del juicio oral que mayores dificultades plantean al litigante. No sólo en cuanto al contenido y alcance de la garantía de imparcialidad del tribunal asegurada en el primer artículo del Código Procesal Penal, sino también respecto del procedimiento y oportunidad de alegar su transgresión. Aquí se esboza una dimensión subjetiva de la misma, pero también de protección de las apariencias de neutralidad; se analizan algunos incidentes surgidos de la práctica forense y se distinguen los procedimientos de cautela de esta garantía de aquellos reparatorios o represivos de su infracción, evitando así una confusión conceptual que a menudo ha creado desinteligencias argumentativas y decisiones insatisfactorias. Controlling judicial indifference or the judge’s prejudice threat and guaranteeing adequate trust levels for defendants in the judge’s neutrality, are one of the oral procedure’s aspects that cause most difficulties for litigators. Not only with regard to the content and the reach of the court’s guaranteed impartiality, insured in the Criminal Code, but also with regard to the procedure and the opportunity to plead its transgression. In this work a subjective dimension of impartiality is outlined, and also the need of protection of neutral appearances; some incidents in forensic practices are analyzed, and preventive procedures in favor of impartiality are distinguished from those directed to the redress or the repression of its infraction, avoiding conceptual confusions that have often created argumentative errors and unsatisfactory decisions.
Lucille Ball, the Queen of Show Business versus Lucy Ricardo, the Failed Actress
Aurélie Blot
Transatlantica : Revue d'études Américaines , 2011,
Abstract: Most American people, all generations taken into account, remember Lucille Ball as a great comic figure of the Fifties. Nonetheless, just a few people remember her as one of the most powerful women of her time. This might be because Lucille Ball refused to be considered as a businesswoman; she wanted to be seen as an actress above all. In this article, I will analyze how Lucille Ball became a businesswoman in spite of herself and how her success as an actress contributed to her success as a businesswoman.
PROOF WORK OF THE COURT AT THE STAGE OF THE COURT INVESTIGATION Доказательственная деятельность суда в стадии назначения судебно-го разбирательства
Meretukov A. G.,Labanova S. A.
Polythematic Online Scientific Journal of Kuban State Agrarian University , 2012,
Abstract: The article is devoted to a proof work of a court at the stage of the court investigation
“EMPLOYMENT GUARANTEE”
DILIP KHANDERAO PATIL
Golden Research Thoughts , 2013, DOI: 10.9780/22315063
Abstract: Guarantee for one hundred days of employment in every financial year to adult members of any rural household willing to do public work-related unskilled manual work at the statutory minimum wage of Rs.100 per day. The Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) is an Indian job guarantee scheme, enacted by legislation on August 25, 2005. The scheme provides a legal guarantee for one hundred days of employment in every financial year to adult members of any rural household willing to do public work-related unskilled manual work at the statutory minimum wage of 100 (US$2.17) per day. The Central government outlay for scheme is 40,000 crore (US$8.68 billion) in FY 2010-11. The scheme commenced on February 2, 2006 in 200 districts, was expanded to cover another 130 districts in 2007-2008 and eventually covered all 593 districts in India by April 1, 2008. The outlay was Rs. 110 billion in 2006-2007, and rose steeply to Rs. 391 billion (140% increase in amount with respect to previous 2008-2009 budget) in 2009-2010. Many criticisms have been leveled at the programme, which has been argued to be no more effective than other poverty reduction programmes in India, with key exceptions such as Rajasthan.The first criticism is financial. The MGNREGAis one of the largest initiatives of its kind in the world. The national budget for the financial year 2006-2007 was Rs 113 billion (about US$2.5bn and almost 0.3% of GDP) and now fully operational, it costs Rs. 391 billion in financial year 2009-2010.
THE REFERRAL BACK TO COURT IN CASE OF EXTRADITION
SIMONA TACHE
Challenges of the Knowledge Society , 2012,
Abstract: Article 522 ind.1 Criminal procedure code, governing the referral back to court in case of extradition, refers to article 405-408 provisions review applicable to appeal, but this reference is limited to retrial procedure and solutions that can be pronounced by the court.The review procedure and the retrial procedure after extradition have a distinct finality: if the review involves removal of essential errors to the facts withheld in a final decision, the purpose of referral back to court in case of extradition is to guarantee the right of of extradited person, who was tried and convicted in the absence, to have a fair trial and, mainly, to exercise the right to defence in a new procedural cycle, which implies the possibility for the person to be heard, to question the witnesses or other parts of the process and to administer favorable evidence, both on the facts, as well as circumstantial.
The mandatory use of English in the federal court of Puerto Rico  [cached]
Alicia Pousada
Centro Journal , 2008,
Abstract: Although most District Court personnel and jurors in Puerto Rico are native Spanish speakers, they are legally required to be competent in English because the proceedings are in English. The language requirement is implemented through special tests for attorneys and a jury selection process that disqualifies non-Englishproficient candidates. The policy has clear constitutional implications since it restricts jury participation to a generally upper-class minority and calls into question the guarantee of a jury of one s own peers. Efforts to change the practice have been ongoing but unsuccessful. This paper traces the history of the issue and argues that switching to Spanish as the court language would be congruent with prevailing notions of human rights and language planning.
THE ROMANIAN COURT OF ACCOUNTS, TRADITION AND ACTUALITY
Elena – Carmen Bragadirean
Studia Universitatis Vasile Goldis Arad, Seria Stiinte Economice , 2011,
Abstract: This article is an analysis of the financial control/audit activity organization and conduct inRomania, al the level of the Romanian Court of Accounts as of set up date and until now.The financial control/audit activity is conducted by virtue of the right of society to have thefundamental general interest defended. The necessity to organize and conduct financialcontrol results from the fact that financial resources established and available to publicadministration belong to the overall society. Society is directly interested to ensurefinancial resources for the common needs, as well as their allotment in relation to prioritiesset by competent bodies for the use of public funds with maximum economic and socialefficiency, harmonizing interests, sizing financial resources and, last but not least, theirorientation towards various programmed destinations. In Romania, the institutionhabilitated based on legal provisions to implement the above mentioned object is theRomanian Court of Accounts.
Deconstructing the healthcare guarantee  [cached]
Lars Nordgren
Offentlig F?rvaltning. Scandinavian Journal of Public Administration , 2012,
Abstract: According to the Swedish Health and Medical Service Act, healthcare is to be provided to the population according to need, on equal terms, and be accessible, a part of healthcare that has been criticized. With the aim of improving accessibility, Sweden’s municipalities, county councils, and government have agreed to introduce a national care guarantee (non statutory) with effect from 2005-11-01. In spite of economic investment and reduced waiting times, it is however felt to be uncertain that the guarantee will reduce waiting times in the long-term. A deconstructive reading is made of the fundamental assumptions underlying the care guarantee. There is also a reading of what it does and does not encompass, as well as its relationship with the concept of prioritization. The care guarantee, in contrast to political promises, does not encompass the entire chain of care since examinations and investigations conducted prior to an appointment or treatment are not counted as part of the time limits. Therefore the care guarantee thus does not constitute complete offer of healthcare within a certain period of time. What also seems clear when reading the care guarantee is that it does not encompass a quality dimensions.
Biobanks for Genomics and Genomics for Biobanks  [PDF]
Anne Cambon-Thomsen,Pascal Ducournau,Pierre-Antoine Gourraud,David Pontille
Comparative and Functional Genomics , 2003, DOI: 10.1002/cfg.333
Abstract: Biobanks include biological samples and attached databases. Human biobanks occur in research, technological development and medical activities. Population genomics is highly dependent on the availability of large biobanks. Ethical issues must be considered: protecting the rights of those people whose samples or data are in biobanks (information, autonomy, confidentiality, protection of private life), assuring the non-commercial use of human body elements and the optimal use of samples and data. They balance other issues, such as protecting the rights of researchers and companies, allowing long-term use of biobanks while detailed information on future uses is not available. At the level of populations, the traditional form of informed consent is challenged. Other dimensions relate to the rights of a group as such, in addition to individual rights. Conditions of return of results and/or benefit to a population need to be defined. With ‘large-scale biobanking’ a marked trend in genomics, new societal dimensions appear, regarding communication, debate, regulation, societal control and valorization of such large biobanks. Exploring how genomics can help health sector biobanks to become more rationally constituted and exploited is an interesting perspective. For example, evaluating how genomic approaches can help in optimizing haematopoietic stem cell donor registries using new markers and high-throughput techniques to increase immunogenetic variability in such registries is a challenge currently being addressed. Ethical issues in such contexts are important, as not only individual decisions or projects are concerned, but also national policies in the international arena and organization of democratic debate about science, medicine and society.
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