scholarly journals CHILD VISITATION RIGHTS IN PRACTICE

2020 ◽  
Vol 11 ◽  
pp. 95-115
Author(s):  
Rokiah Kadir ◽  
Safiek Mokhlis ◽  
Rojanah Kahar

Child visitation can facilitate the continued involvement of both parents in their children’s lives after a divorce. This study aims to examine the issue of visitation rights and report the results of an analysis of relevant court cases involving Malaysian Muslim families. It describes the structure or type of visitation awarded to non-custodial parents as a result of their loss of child custody. Content analysis technique was applied to elaborate on the reported court cases. A cross tabulation method was also performed to describe the frequency of cases for the respective types of visitation. This study has revealed several details about visitation rights hidden in the masses of case law. These include granted visitation rights which comprise scheduled, reasonable and dual-form visitation, counting omission of access rights which occurred most frequently including cases where parties received legal representation. The study has contributed towards a greater understanding of how visitation orders are made in practice through a quantitative analysis of past court decisions.  

2017 ◽  
Vol 7 (2) ◽  
pp. 163-170 ◽  
Author(s):  
Christopher M. Milroy ◽  
Charis Kepron

Sudden infant death syndrome (SIDS) has been used as a cause of death for over four decades. It has allowed deaths of infants to be registered as natural. Within this group of deaths, a certain number have been recognized to be homicides from inflicted smothering rather than being natural or accidental deaths. Research has been conducted using confidential inquires to determine how frequent homicide is in cases called SIDS. This paper traces the history of quoted rates of homicide. Early work suggested the figure was between 2-10% of all SIDS cases, though other workers have suggested figures as high as 20-40%. With the fall in the rate of infant deaths following the “Back to Sleep” campaigns, these figures have been reevaluated. If the higher figures were correct that 20-40% of SIDS were homicides, the fall in infant deaths would be expected to be less than it has been. Current data suggests a much lower figure than 10% of current cases, with much lower overall rates of infant deaths. As well as 10% of SIDS cases having been stated to be homicides, a related question is whether multiple deaths classified as SIDS are really homicides. The paper discusses the maxim that one death is a tragedy, two is suspicious, and three deaths indicate homicide. The paper also looks at court cases and the approach that has been made in prosecutions of sudden unexpected death in infancy as multiple murder.


Author(s):  
Michael Perlin ◽  
Tailia Roitberg Harmon ◽  
Sarah Chatt

First, we discuss the background of the development of counsel adequacy in death penalty cases. Next, we look carefully at Strickland, and the subsequent Supreme Court cases that appear—on the surface—to bolster it in this context. We then consider multiple jurisprudential filters that we believe must be taken seriously if this area of the law is to be given any authentic meaning. Next, we will examine and interpret the data that we have developed. Finally, we will look at this entire area of law through the filter of therapeutic jurisprudence, and then explain why and how the charade of “adequacy of counsel law” fails miserably to meet the standards of this important school of thought. Our title comes, in part, from Bob Dylan’s song, Shelter from the Storm. As one of the authors (MLP) has previously noted in another article drawing on that song’s lyrics, “[i]n a full-length book about that album, the critics Andy Gill and Kevin Odegard characterize the song as depicting a ‘mythic image of torment.’” The defendants in the cases we write about—by and large, defendants with profound mental disabilities who face the death penalty in large part because of the inadequacy of their legal representation— confront (and are defeated by) a world of ‘steel-eyed death.’ We hope that this Article helps change these realities.


2020 ◽  
Vol 29 (1) ◽  
pp. 129
Author(s):  
Dominik J. Kościuk ◽  
Justyna Kulikowska-Kulesza

<p>The provisions of the Act on Access to Public Information regulate, among others, the subjective and objective scope of the right to public information, reasons for restricting access to information, procedure and form of disclosure, rules for creating and publishing information in the Public Information Bulletin, costs of activities leading to the disclosure of information and the establishment of complaint proceedings in the event of refusal to provide the public information requested. Therefore, it is worth to pay attention to several problems arising from the analysis of statutory provisions and the practical consequences of applying the Act of 6 September 2001 on Access to Public Information. The current, extremely extensive, output of doctrine and jurisprudence allows for a fairly “efficient” summary of the considerations made in both literature and judicial and administrative case law.</p>


1998 ◽  
Vol 57 (2) ◽  
pp. 374-390 ◽  
Author(s):  
WILLIAM BLAIR

Central banks have enormous sums of money in various forms of investments. When claims are made either against the banks themselves, or against other governmental bodies, issues arise as to whether these assets can be attached, and made available to satisfy judgments. The article explains how central banks are treated in English law. It explains the special provision made in respect of their assets under the State Immunity Act 1978. There is wide immunity from attachment, though questions can arise as to the ownership of such assets. The UK legislation is, in some respects, wider than its counterpart, the US Foreign Sovereign Immunities Act 1976. Recent case law is described in which the English courts have recognised that the public responsibilities of central banks have to be taken account of when determining the extent of their liability to attachment.


1984 ◽  
Vol 86 ◽  
pp. 88-91
Author(s):  
A.B. Underhill ◽  
A.K. Bhatia

The mixed selection of strong emission lines present in the spectra of WR stars suggests that we are observing plasma with an electron temperature of the order of 105 K somewhere in the atmospheres of these rare stars. In the spectra of some WR stars emission lines of H are detected; this suggests that plasma with an electron temperature of the order of 104 K may be present also. Since the observations made in the last 30 years show that the masses, luminosities, effective temperatures, and general distribution in space of WR stars are similar to those of stars with spectral types in the range from about B2 to O9, a prime question is why are the spectra of WR stars so different from those of the B stars with which they are associated.


Legal Studies ◽  
2019 ◽  
Vol 39 (4) ◽  
pp. 656-675
Author(s):  
Katie Richards

AbstractMuch has changed in the four decades since United City Merchants v Royal Bank of Canada, in which Lord Diplock established the fraud exception in transactions financed by documentary credit. In particular, the introduction of the UCP 600, case law on nullity documents and amendment to the American fraud exception justify a reconsideration of both the policy arguments underpinning Lord Diplock's rule and the fate of documents known to be forged or null at the time of presentation. Accordingly, two arguments are made in this paper. First, a consideration of the broader exception in the US should prompt a modern Supreme Court to re-examine his Lordship's insistence that a narrow exception was required to preserve the efficiency of the credit mechanism. In addition, it further argues that banks should be entitled to reject known nullities and forgeries as non-complying. This argument would reinstate the doctrine of strict compliance, which was overlooked in United City Merchants, and is based on the clarified definitions in the UCP 600, more recent judicial consideration of nullities and the existence of the ICC's International Maritime Bureau.


Sir Ernest Rutherford: It was on March 19, 1914, that the Royal Society held its last discussion on the constitution of the atom—just fifteen years ago. I had the honour to open the discussion on that occasion, and the other speakers were Mr. Moseley, Profs. Soddy, Nicholson, Hicks, Stanley Allen, S. P. Thomp­son. In my opening remarks I put forward the theory of the nuclear atom and the evidence in support of it, while Mr. Moseley gave an account of his X-ray investigations, which defined the atomic numbers of the elements, and showed how many gaps were present between hydrogen number 1 and uranium number 92. Prof. Soddy drew attention to the existence of isotopes in the radioactive series, and also to a remarkable observation by Sir Joseph Thomson and Dr. Aston, who had obtained two parabolas in the positive ray spectrograph of neon, and he suggested that possibly the ordinary elements might also consist of mixture of isotopes. I think you will find that the remarks and suggestions made in this discussion fifteen years ago have a certain pertinence to-day. In particular Hicks and Stanley Allen drew attention to the importance of taking into account the magnetic fields in the nucleus, although at that time we had very little evidence on that point, and even to-day our information is very scanty. What has been accomplished in the intervening period ? On looking back we see that three new methods of attack on this problem have been developed. The first, and in some respects the most important, has been the proof of the isotopic constitution of the ordinary elements, and the accurate determination of the masses or weights of the individual isotopes, mainly due to the work of Dr. Aston. This has led in a sense to an extension of the original ideas of Moseley. The experiments of the latter fixed the number of possible nuclear charges, while Aston has shown that there are a large number of species of atoms each defined by its nuclear charge, although their masses and their nuclear constitution may be different. The essential point brought out in the earlier work of Dr. Aston was that the masses of the elements are approxi­mately expressed by whole numbers, where oxygen is taken as 16—with the exception of hydrogen itself. But the real interest, as we now see it, is not the whole number rule itself, but rather the departures from it.


2007 ◽  
Vol 34 (2) ◽  
pp. 177-188
Author(s):  
Amir Chehayeb ◽  
Mohamed Al-Hussein ◽  
Peter Flynn

Construction contracts are becoming more complicated, and the increase in complexity of construction processes, documents, and conditions of contracts has contributed to a higher possibility of disputes and conflicting interpretations. The judicial system has been the means for dispute resolution for claims that cannot be solved through other means such as negotiation and arbitration. Knowledge of previous outcomes of judicial processes will both inform participants in a dispute and increase the likelihood of a less-expensive out-of-court dispute-resolution process. This paper presents a methodology to classify, categorize, and analyze Canadian case-law construction claims. In total, 567 Canadian construction court cases have been collected from 10 different sources and are classified into 12 categories that follow the Canadian Construction Documents Committee (CCDC) standard construction contract document CCDC 2-1994. The proposed methodology is implemented in a computer-integrated system called the Canadian construction claim tracker (CCCT), which consists of one central database and three modules, namely a statistical module, a prediction module, and a classification module. The CCCT provides its users with easy and quick access to past case-law claim information.Key words: construction courts, claims, litigation, artificial neural networks, Canadian Construction Documents Committee.


2020 ◽  
Vol 65 (4) ◽  
pp. 499-514
Author(s):  
D. Daniel Sokol ◽  
Sara Bensley ◽  
Maia Crook

Although antitrust always evolved with the economics of its time, economic analysis was not central to the antitrust enterprise until Continental T.V. Inc. v. GTE Sylvania. In doing so, the Court abandoned the multiple goals of the prior era to embrace a singular economic goal. With a singular goal, antitrust had become revolutionary. How to measure the antitrust revolution has been difficult. In this article, we focus on published case law, which provides a broad set of observations that includes government enforcement actions and private antitrust suits. We use the Caselaw Access Project database and its associated “Historical Trends” tool to track the usage of certain words and phrases in judicial opinions. This article is the first to measure antitrust terms in court cases that combine big data with data visualization techniques to better understand, based on the usage of common antitrust terms, the impact economics has had on decided cases.


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