A Review and Analysis of Prison Litigation Reform Act Court Decisions: Solution or Aggravation?

1997 ◽  
Vol 77 (4) ◽  
pp. 405-455 ◽  
Author(s):  
KATHERINE BENNETT ◽  
ROLANDO V. DEL CARMEN
Keyword(s):  
Due Process ◽  
Separation Of Powers ◽  
Legal Issues ◽  
District Court ◽  
Court Decisions ◽  
District Courts

On April 26, 1996, Congress enacted landmark legislation aimed at curtailing meritless inmate litigation and restricting remedies for prison condition lawsuits. This legislation, the Prison Litigation Reform Act (PLRA), is briefly summarized in this article. Five areas of constitutional challenges to the PLRA at the appellate and district court level are reviewed. Eleven legal issues raised by the PLRA are inconsistent decisions among circuit and district courts, particularly in the areas of separation of powers and due process violations.

scholarly journals Sexual Violence against Wife Based on Law No. 23 of 2004 Concerning Elimination of Violence in Households and Islamic Law (Analysis of the Decisions of the Bangil, Denpasar and Medan District Courts)

2021 ◽  
Vol 3 (1) ◽  
pp. 124-134
Author(s):  
Masdoki
Keyword(s):  
Qualitative Research ◽  
Sexual Violence ◽  
Islamic Law ◽  
Court Decision ◽  
District Court ◽  
Comparative Approach ◽  
Court Decisions ◽  
District Courts ◽  
Sexual Relations ◽  
Court Judge

This study aims to determine what forms of sexual violence against wives are based on Law no. 23 of 2004 and Islamic Law. To find out what forms of sexual violence against wives in the decision of the Bangil District Court No. 912/Pid/B/2011/PN.Bgl, Denpasar District Court Decision No.89/Pid.Sus/2014/PN.Dps and Medan District Court Decision No.264/Pid.Sus/2018/PN Mdn. To find out what were the basis for the judge's consideration in giving a decision at the Bangil District Court, the Denpasar District Court decision, and the Medan District Court decision regarding sexual violence against wives. Qualitative research was conducted with a revelatory approach, a statute approach, a case approach and a comparative approach. The results of this study indicate that: (1) forms of sexual violence against wives based on Law no. 23 of 2004 and Islamic Law is any act in the form of coercion of sexual relations, in an inappropriate and/or inappropriate manner, forcing sexual relations with other people for commercial purposes and/or for specific purposes. (2) the forms of sexual violence against wives in the decisions of the Bangil District Court, Denpasar District Court decisions and Medan. (3) The consideration of the Bangil District Court judge.

The polarization of the judiciary

2015 ◽  
Vol 23 (6) ◽  
pp. 657-665 ◽  
Author(s):  
Marc A Sennewald ◽  
Kenneth L Manning ◽  
Robert A Carp
Keyword(s):  
United States ◽  
Political Parties ◽  
Bimodal Distribution ◽  
The United States ◽  
District Court ◽  
Court Decisions ◽  
Presidential Power ◽  
District Courts ◽  
Using Data ◽  
The 1960S

The polarization of political parties in the United States is a well-documented phenomenon. This paper considers polarization of the judicial branch and relates it to the evolution of the parties. In this paper we define polarization specifically as movement from a modal distribution (of votes, attitudes, or decisions) to a bimodal distribution along a liberal-conservative spectrum over time. Using data compiled from 90,000 United States District Court decisions published in the Federal Supplement between 1934 and 2008, we find that the judiciary began to polarize in the 1960s and has remained polarized. We consider a number of competing explanations for the polarization of the district courts, including a top-down view that emphasizes presidential power and a bottom-up view that focuses on the sorting of elites that form the pool of potential judges.

Graduated Sanctions: Stepping into Accountable Systems and Offenders

1999 ◽  
Vol 79 (2) ◽  
pp. 182-204 ◽  
Author(s):  
FAYE S. TAXMAN ◽  
DAVID SOULE ◽  
ADAM GELB
Keyword(s):  
Substance Abuse ◽  
Due Process ◽  
Crime Control ◽  
Separation Of Powers ◽  
Legal Issues ◽  
Constitutional Rights ◽  
Double Jeopardy ◽  
Graduated Sanctions ◽  
Critical Components ◽  
Abuse Treatment

Graduated sanctions are being promoted in many new crime control initiatives, such as Breaking the Cycle and Residential Substance Abuse Treatment (RSAT). Like many attractive concepts, graduated sanctions are poorly understood in theory and poorly conceived in practice. This article presents a procedural justice theory for graduated sanctions and the critical components for this model. The legal issues of due process, double jeopardy, and separation of powers are reviewed to illustrate how graduated sanctions serve to protect the constitutional rights of the offender and to deter non-compliance. Finally, the implications for increasing compliance with release conditions are discussed in terms of the differential methods for implementing graduated sanctions.

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

scholarly journals ANALYSIS OF ABSOLUTE COMPETENCE OF DISTRICT COURTS AND SYARI’AH COURTS IN ADJUDICATING JARIMAH OF CHILD SEXUAL ABUSE IN ACEH

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Rosmawardani Muhammad
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Government Regulation ◽  
Empirical Method ◽  
District Court ◽  
Young Offenders ◽  
District Courts ◽  
Rules And Principles ◽  
Law Enforcement Officials ◽  
New Policies

The District Court and Syari’ah Court (Mahkamah Syar’iyah) jurisdictions to deal with child sexual abuse cases have still overlapped. This issue generates legal uncertainty in the enforcement of Jinayat Law in Aceh. This study aims to analyze the resolution patterns over child sexual abuse cases in Aceh, the resolution patterns over child sexual abuse cases at District Courts, and the efforts to solve dualism issues of the courts in trying child sexual abuse cases in Aceh. This study employed a juridical-empirical method that attempts to analyze behaviors of law enforcement officials in handling sexual abuse cases in Aceh using case and statute approaches based on the rules and principles of law studies. The legal materials utilized in this study were Law, Qanun, Government Regulation, and Syari’ah Court and District Court Decisions. Data were analyzed qualitatively. The findings reveal that both District Courts and Syari’ah Courts still settle sexual abuse cases. The results also point out that the resolution patterns in adjudicating sexual abuse cases at District Courts are categorized into adult offenders and young offenders. The provisions stipulated in the Criminal Procedure Code (KUHAP) are applied for adult offenders, while the Juvenile Criminal Justice System Law is regulated for young offenders. The efforts to overcome dualism are generating new policies by the Supreme Court to delegate the authority to solve sexual abuse cases and other jinayat cases from District Courts to Syari’ah Courts, and the issuance of Memorandum of Understanding (MoU) between Aceh Syari’ah Courts, Aceh Regional Police, Aceh High Prosecutor’s Office, and Aceh High Court governing the authorization limits over the settlement of jinayat cases.                                   

22. A Revolution by Due Process of Law?

2021 ◽  
pp. 613-648
Author(s):  
Ian Loveland
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Due Process ◽  
Final Part ◽  
Court Decisions ◽  
The European Union ◽  
Legal Basis ◽  
High Court ◽  
The Supreme Court ◽  
Due Process Of Law

This chapter analyses the conduct and constitutional implications of the United Kingdom’s proposed withdrawal from the European Union. The chapter begins by examining the legal basis, conduct, and result of the withdrawal referendum. The chapter then assesses the High Court and Supreme Court decisions in the first of the two Miller judgments. It continues with a discussion on the extreme positions of ‘hard brexit’ and ‘soft brexit’ and the assesses the significance of the results of the unexpected 2017 general election. The chapter goes on to examine the European Union (Withdrawal) Act 2018 and the subsequent fall of the May government and its replacement by an administration led by Boris Johnson. In the final part of the chapter the Miller (No 2) and Cherry litigation and its political aftermath are discussed in full, with a particular focus laid on the controversial way in which the Supreme Court deployed the notion of ‘justiciability’ in its judgment in Miller (No 2).

Employment: Protecting Public Health Abrogates Due Process Requirement for Suspension Proceedings

2003 ◽  
Vol 31 (1) ◽  
pp. 167-168
Author(s):  
Guillermo A. Montero
Keyword(s):  
Civil Rights ◽  
Health Care Quality ◽  
Due Process ◽  
Medical Center ◽  
Care Quality ◽  
Memorial Hospital ◽  
District Court ◽  
Court Of Appeals ◽  
Health Care Quality Improvement ◽  
The U.S

In Patel v. Midland Memorial Hospital & Medical Center, the U.S. Court of Appeals for the Fifth Circuit held that the defendant hospital did not violate the plaintiff's due process rights by suspending his clinical privileges without a pre-suspension hearing, where there were reasonable grounds for assuming that patient safety was at risk. Dr. P.V. Patel, a board-certified cardiologist, brought an action against Midland Memorial Hospital and several of its doctors, alleging that the suspension of his clinical privileges violated his right to a pre-suspension hearing; was the result of racial discrimination; and resulted in anticompetitive behavior in violation of antitrust laws. The U.S. District Court for the Western District of Texas granted Midland's motion for summary judgment. The parties filed cross appeals, Dr. Patel on the ground that there were genuine issues of fact for all of his claims, and Midland on the ground that, with the exception of the civil rights claim, it was immune from all of Dr. Patel's claims under the Health Care Quality Improvement Act of 1986 (HCQIA).

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