Boundaries

Author(s):  
Richard B. Collins ◽  
Dale A. Oesterle ◽  
Lawrence Friedman

This chapter explains Article I of the Colorado Constitution, which defines the state’s boundaries. The constitution adopted the boundaries established by Congress under the Organic Act establishing Colorado Territory in 1861, ignoring earlier proposals that used the continental divide as a boundary. The state’s east-west limits are defined by two meridians measured from Washington, D. C. The north-south boundaries are set at 37 and 41 degrees of north latitude. A resurvey of the 37th parallel led to New Mexico’s suit to claim a significant slice of territory, but the Supreme Court rejected the revision based on the standard rule that a resurvey does not change a boundary that has been relied on.

Subject Caste politics in India. Significance In a sign of Prime Minister Narendra Modi's ability to shape the political agenda, the National Democratic Alliance's candidate Ram Nath Kovind was sworn in as India's 14th president on July 25. With attacks on Dalits (low castes) in the north Indian heartlands of the ruling Bharatiya Janata Party (BJP) surging, the nomination of a Dalit for the presidency was designed to strengthen the party's appeal to the community ahead of state elections. Impacts Support for the main opposition Congress party among Dalits will decline in Gujarat. Beef and leather exports will fall despite the Supreme Court suspending the ban on trading cattle for slaughter. Anti-Muslim violence may increase across the country.


1934 ◽  
Vol 28 (1) ◽  
pp. 40-64
Author(s):  
Robert E. Cushman

The Supreme Court has at last passed squarely upon the broad powers of the Federal Radio Commission over the business of broadcasting and has upheld them in a sweeping manner in the case of Federal Radio Commission v. Nelson Bros. Bond & Mortgage Co. The general authority conferred on the Commission by the act of 1927 was enlarged in 1928 by provisions directing the Commission to maintain as great equality as possible in the allocating of broadcasting licenses among the zones created and further to distribute such licenses fairly and reasonably to the states within each zone according to population. In 1930, it appeared that Illinois had 55 per cent more than its quota of stations, while Indiana had 22 per cent under its quota. The Commission assigned to station WJKS at Gary, Indiana, operating rights on a frequency theretofore used by two Chicago stations. One of these, operated commercially by the respondent, used much National Broadcasting Company program material; the other, operated by the North Shore Church of Chicago, broadcast only religious programs. The effect of the order was to rule these stations off the air. It appeared that the Gary station had suffered from interference, and was furthermore equipped to serve its audiences with programs of unique interest.


Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
LG Curlewis

In this matter, which resulted in an enquiry by the Supreme Court of Appeal and ultimately a unanimous decision, the facts were the following: the appellant, Mrs Y M (M) appealed against an order that she and her minor daughter (Y) submit to DNA testing to determine whether Mr L B (B), the respondent, was the biological father of Y. The order was sought by B, who also claimed that, if the tests proved that he was indeed the father, he should be given full parenting rights. The North Gauteng High Court (Pretoria) (Murphy J sitting as court of first instance), ordered that M submit herself and Y to DNA tests within 30 days of the date of the order, and postponed the other relief sine die. The Supreme Court of Appeal granted leave to appeal. On appeal, B filed no heads of argument, and nor was there any appearance on his behalf.


Author(s):  
Sebastião Sergio da Silveira ◽  
Alcides Belfort da Silva

Resumo: O presente trabalho tem por objetivo analisar o impacto do filtro processual instituído pela Emenda Constitucional nº 45, qual seja, a repercussão geral no recurso extraordinário e o seu propósito de celeridade processual junto ao Supremo Tribunal Federal. Trata-se de um requisito de admissibilidade do recurso extraordinário, que foi inspirado no direito norte-americano e tem como principal objetivo solucionar a crise vivenciada pela Suprema Corte. Para a verificação da repercussão geral deverá ser levada em consideração a existência, ou não, de questões relevantes do ponto de vista econômico, político, social, ou jurídico, que ultrapassem os interesses subjetivos da causa (CPC, §1º do art. 543-A), atual redação dada pelo NCPC nos termos do artigo 1.035. É justamente neste ponto a pertinência que guarda com o Direito Tributário, vez que tal ramo (ou setor, como preferem outros) impacta na vida do cidadão de maneira incisiva. Assim, a maioria das causas tributárias, devido ao seu impacto social e jurídico, desembocam no Supremo Tribunal Federal, sendo que a Corte é responsável por delimitar o tema da forma mais consentânea possível.Abstract: This study aims to analyze the impact of procedural filter established by Constitutional Amendment 45, which is the general impact on the extraordinary appeal and its aimed speedy trial by the Supreme Court. This is an extraordinary appeal admissibility requirement, which was inspired by the North American law and aims to resolve the crisis experienced by the Supreme Court. To check the general defense must take into account the existence or not of relevant issues from the economic point of view, political, social, or legal, exceeding the subjective interests of the cause. It is precisely at this point that the relevance guard with the Tax Law, since this branch (or sector, as they prefer other) impacts the life of incisively citizen. Thus, most of the tax claims, due to their social and legal impact, leading into the Supreme Court, and the Court is responsible for defining the subject of more consistent as possible.


2020 ◽  
Vol 9 (1) ◽  
pp. 45 ◽  
Author(s):  
Eric Clausen

Divide crossings (or low points or gaps) notched into the North American east-west continental divide segments completely encircling Wyoming’s Great Divide Basin interior drainage region (as observed on detailed topographic maps) are used to compare the commonly accepted regional geomorphology paradigm with a fundamentally different and new regional geomorphology paradigm. Paradigms are sets of rules governing how a scientific discipline conducts its research and are judged on their ability to explain observed evidence. Published literature is used to contrast an accepted paradigm interpretation that east-oriented drainage previously flowed across what is now the Great Divide Basin with the new paradigm basic requirement that mountain range and continental divide uplift occurred while immense south-oriented floods flowed across them. Numerous divide crossings are notched into the continental divide segments now completely encircling the relatively flat-floored Great Divide Basin interior drainage area and divide crossings observed along each of the Great Divide Basin’s north, east, south, and west margins are described and interpreted first from the accepted paradigm perspective (using published literature interpretations to the extent possible) and second from the new paradigm perspective. The published literature does not mention most of the described divide crossings, much less provide explanations for their origins, perhaps because the accepted paradigm cannot satisfactorily explain those origins. In contrast the new paradigm successfully explains most if not all of the described (and observed, but undescribed) divide crossings, although the new paradigm requires a completely different middle and late Cenozoic regional geologic history than what most published regional geology literature describes.


2018 ◽  
Vol 8 (2) ◽  
pp. 296-317
Author(s):  
Ikhsan Fatah Yasin

This article discusses the General Principles of Good Governance (AAUPB). It has a long journey from the beginning of its coming in the Netherland to its application in Indonesia today. AAUPB, which previously was only in theoretical realm, it changes into Law No. 30 of 2014 today. The principles contained in the law are legal certainty; expediency; impartiality; accuracy; not to abuse authority; openness; public interest; and good service. In addition to these principles, we can also use other principles as far as they become the basis for the judges' judgments that have permanent legal force. In various cases, the basis of the claim of AAUPB does not stand alone but it is also juxtaposed with violations of statutory regulations. The Supreme Court verdict has become a jurisprudence between Suhaili Saun (shareholder in PT Volex Batamindah) and the Chairman of BKPM, although the plaintiff also argued that violating the AAUPB namely the principle of legal certainty, the defendant also violated article 2 letter b of Law No. 1 of 1967 about Foreign Investment. In the case of the dismissal of Bripda Helga Musa Sitepu by the Head of the North Sumatra Regional Police, the decree has violated article 2 paragraph 2 letter d and article 11 paragraph 1 of KAPOLRI regulation No. 8 of 2006 and was contrary to the principle of the district.


2021 ◽  
Vol 2 (2) ◽  
pp. 117-125
Author(s):  
Aris Irawan

This research aimed at analyzing the characteristics of resolution of forest area disputes based on the Decision of the Supreme Court Number 269K / TUN / 2018. This research used normative legal method with legal, case, and conceptual approaches. The results showed that the Decidendi Ratio of the Supreme Court’s Decision was inappropriate. It is because in the context of the principle of legal certainty, that the object of the dispute is not included in the PTUN Decree, because of the Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 1 / Pbt / KEM-ATR / BPN / 2016, is an integral part of the execution of criminal law against the act of falsifying documents carried out by officials within the North Kalimantan National Land Agency (formerly East Kalimantan), in issuing the PT Nunukan Jaya Lestari HGU certificate. The Supreme Court’s consideration regarding the overlapping area between PT Adindo Hutani Lestari and PT Nunukan Jaya Lestari, covering ±3,500 Ha is also incorrect because it must be understood that the area claimed to be overlapping is a dispute of the forest area.


Author(s):  
Rusli Halil Nasution ◽  
Asmuni Asmuni ◽  
Pagar Hsb

The aims of the study are to find out the process of implementing divorce case in North Sumatera. This study is a qualitative and normative study of PERMA Number 1 of 2016 with its application in the North Sumatra Religious Court as a legal product in the present aspects that applies in testing the success of the regulation being implemented in the North Sumatra Court, especially in (three) 3 big cities namely the Court Medan, Binjai and Tebing Tinggi religion. The result shows that The implementation of peace in divorce cases in the North Sumatra Religious Court is not significant. In the implementation of divorce case mediation in the North Sumatra Religious Court, many factors influence, among others, technical and non-technical factors. The technical factor is the limitations of the Mediator, namely the absence of a list of non-Judge Mediators here will further aggravate the work of the Judge because of his work being double that is as a Panel Judge and Mediator Judge. So that the work of the Judge mediator is very ineffective and so is the non-judge mediator who must have an official certificate from the Supreme Court so that the training costs are large and the costs of the mediator are not protected by the Regulation 


1999 ◽  
Vol 27 (2) ◽  
pp. 203-203
Author(s):  
Kendra Carlson

The Supreme Court of California held, in Delaney v. Baker, 82 Cal. Rptr. 2d 610 (1999), that the heightened remedies available under the Elder Abuse Act (Act), Cal. Welf. & Inst. Code, §§ 15657,15657.2 (West 1998), apply to health care providers who engage in reckless neglect of an elder adult. The court interpreted two sections of the Act: (1) section 15657, which provides for enhanced remedies for reckless neglect; and (2) section 15657.2, which limits recovery for actions based on “professional negligence.” The court held that reckless neglect is distinct from professional negligence and therefore the restrictions on remedies against health care providers for professional negligence are inapplicable.Kay Delaney sued Meadowood, a skilled nursing facility (SNF), after a resident, her mother, died. Evidence at trial indicated that Rose Wallien, the decedent, was left lying in her own urine and feces for extended periods of time and had stage I11 and IV pressure sores on her ankles, feet, and buttocks at the time of her death.


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