scholarly journals North Dakota

2020 ◽  
Vol 6 (3) ◽  
Author(s):  
William P. Pearce
Keyword(s):  
North Dakota ◽  
Supreme Court ◽  
District Court ◽  
Court Cases ◽  
The North ◽  
Specific Goal ◽  
Energy States ◽  
Vague Concept ◽  
The Law ◽  
Opening Paragraph

The topic of this Article arose from a recent opinion by the North Dakota Supreme Court: Western Energy Corporation v. Stauffer. The case dealt with how the law handles changes in ownership of property, specifically land including underlying mineral interests, that come into dispute after substantial periods of time have passed, resulting in a need for the parties involved in the dispute to turn to the courts for a solution. The passing of a substantial amount of time often becomes the issue in resolving the dispute in these types of situations. The opening paragraph in the Court’s opinion in Western Energy states that “Western Energy appealed from a district court judgment finding its quiet title action pertaining to claimed mineral interests to be barred by applicable statutes of limitation and laches.” Statutes of limitation are fairly straightforward and are discussed below as they are the determinative factor in the case. However, the specific goal here is to examine several of the approaches that can be taken in this kind of situation and how the issue is ultimately resolved. Raising the claim of “laches” is a rather vague concept, but it appears in some of these cases and has an interesting background, as discussed in the last part of this Article. The background of the case in question will be laid out first followed by the discussion of several traditional methodologies for resolving cases of this kind, generally, in the context of other court cases.

EXPRESSIVE MEANING, RACE, AND THE LAW:

Legal Theory ◽  
1999 ◽  
Vol 5 (1) ◽  
pp. 75-99
Author(s):  
Andrew Altman
Keyword(s):  
Supreme Court ◽  
Legal Reasoning ◽  
Court Cases ◽  
The Supreme Court ◽  
Expressive Meaning ◽  
The Law

Recently, legal and social thinkers have turned to the idea that actions possess a nonlinguistic meaning, called “expressive meaning.” In this article I examine the idea of expressive meaning and its role in legal reasoning. My focus is on a series of U.S. Supreme Court cases involving constitutional challenges to election districts drawn on the basis of race. The Supreme Court used the idea of expressive meaning in striking down the districts. After explicating the idea of expressive meaning, I explain and criticize the Court’s reasoning. I distinguish the approach of Justices Thomas and Scalia, who hold that all uses of race in districting do constitutional harm, from that of Justice O’Connor, who distinguishes uses of race that do constitutional harm from those that do not. I contend that Justice O’Connor is right to make the distinction but she draws the line using a questionable standard. A more defensible standard would be more accommodating to the districts that the Court invalidated.

scholarly journals “A World of Steel-Eyed Death”: An Empirical Evaluation of the Failure of the Strickland Standard to Ensure Adequate Counsel to Defendants with Mental Disabilities Facing the Death Penalty

2020 ◽  
pp. 261
Author(s):  
Michael Perlin ◽  
Tailia Roitberg Harmon ◽  
Sarah Chatt
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Empirical Evaluation ◽  
Therapeutic Jurisprudence ◽  
Full Length ◽  
Court Cases ◽  
Mental Disabilities ◽  
Legal Representation ◽  
Entire Area ◽  
The Law

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.

scholarly journals EFFECTIVENESS IN IMPLEMENTING SUPREME COURT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 2 YEAR 2015 ON PROCEDURES SETTLEMENT OF SIMPLE LAWSUIT IN SETTLING THE CIVIL CASES

2018 ◽  
Vol 2 (1) ◽  
pp. 2
Author(s):  
Wiryatmo Lukito Totok ◽  
Anik Iftitah
Keyword(s):  
Supreme Court ◽  
Legal Culture ◽  
District Court ◽  
Code System ◽  
Medium Term ◽  
The Supreme Court ◽  
The Law ◽  
Civil Cases ◽  
The Republic ◽  
Effectiveness Index

President Regulation of the Republic of Indonesia Number 2 Year 2015 on the National Medium Term Development Plan 2015-2019 mandates to carry out Reformation of the Civil Code system which is easy and fast, in an effort to improve the competitiveness of national economy. Related to this, the Supreme Court answered the vacancy of a simple lawsuit by issuing Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number 2 Year 2015 on procedures for settlement of simple suit in settling civil cases. The empirical juridical research in the Court of Kediri showed that the implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 2 Year 2015 made the lawsuit procedure simpler and very effective and in accordance with the principle of simple, fast and light cost. Effectiveness Index of Regulation of the Supreme Court of the Republic of Indonesia Number 2 year 2015 at Kediri District Court Class I B was in the "good" category, influenced by substance rule of the law, legal culture, structure of the law, and community knowledge. Keywords: Effectiveness, Simple Lawsuit Received: 07 January, 2017; Accepter: 15 March, 2017

scholarly journals Tax Debt in the Bankruptcy Dispute: Industries Badja Garuda Inc. v.s. Tax Office of Medan Belawan

Rechtsidee ◽  
2018 ◽  
Vol 4 (2) ◽  
Author(s):  
Rilda Murniati ◽  
Richmond Cosmas Tobias
Keyword(s):  
Supreme Court ◽  
Court Decision ◽  
District Court ◽  
The Supreme Court ◽  
The Status ◽  
The Law ◽  
Study Type

The biggest problem for the debtor who is the business actor is his inability to repay the loan to the creditors in case the business activities have problems. The inability to pay may result in the debtor being petitioned for bankruptcy by the creditor or the debtor himself. Curator as the party who performs the management and the settlement of all debtor debts is obliged to make a bill list based on the nature and rights of the bills of creditors as stipulated in Act Number 37 Year 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts (the Law 37/2004). The problem that occurred in the case of Bankruptcy of Industries Badja Garuda Inc. (IBG Inc.) that the Tax Office of Medan Belawan (Tax Office) made a legal effort against the list of tax bills made by the curator of IBG Inc. which set Tax Office as the concurrent creditor through renvoi procedures to the Court Commerce so that the Tax Office loses its precedent over tax debt as stipulated in the Law of Commercial Court refuses the request so that the cassation law is also applied to the Supreme Court which in its decision strengthen the decision of the District Court. For that reason, there is a review effort but the Supreme Court in its sentence Number 45 PK/Pdt.Sus/Pailit/2016 still reinforces the previous verdict. This research is normative research with descriptive type and problem approach applied is normative applied with case study type of court decision. The result of the research indicates that the Tax Office has lost its predecessor right as regulated in Article 21 Paragraph (4) in Act Number 16 Year 2009 regarding General Provisions and Tax Procedures (the Law 16/2009) on the status of tax debt of IBG Inc.

The Gubernatorial Controversy in North Dakota

1935 ◽  
Vol 29 (3) ◽  
pp. 418-432
Author(s):  
Roy L. Miller
Keyword(s):  
North Dakota ◽  
Supreme Court ◽  
Federal District ◽  
The State ◽  
District Court ◽  
Federal District Court ◽  
The Supreme Court ◽  
Unique Experience ◽  
Political Conditions ◽  
The Right

Although many of our states have exhibited unsettled political conditions in recent months, North Dakota has passed through a unique experience in having four different governors occupy the executive office in six and one-half months. Twice during this period, the supreme court of the state has been requested to determine the right of the governor to hold office, and in each instance it has elevated the lieutenant-governor to the office. The first occasion resulted from the conviction of Governor William Langer of a felony after a trial in the federal district court, and the second involved the constitutional qualifications of Governor Thomas H. Moodie, elected last November.

scholarly journals INDEPENDENSI SISTEM PERADILAN MILITER DI INDONESIA (Studi Tentang Struktur Peradilan Militer) / THE INDEPENDENCY OF MILITARY JUSTICE SYSTEM IN THE INDONESIAN (The Study of The Structure of The Judiciary)

2017 ◽  
Vol 6 (1) ◽  
pp. 105
Author(s):  
Slamet Sarwo Edy
Keyword(s):  
Supreme Court ◽  
Justice System ◽  
The Body ◽  
Judicial Power ◽  
District Court ◽  
Military Force ◽  
Military Justice ◽  
The Supreme Court ◽  
The Law ◽  
The Military

Peradilan militer adalah badan yang melaksanakan kekuasaan kehakiman di lingkungan TNI untuk menegakan hukum dan keadilan. Pengadilan militer tidak berpuncak dan tidak diawasi oleh markas besar TNI, tetapi berpuncak dan diawasi oleh MA RI. Filosofi terjadinya ketidakmandirian dalam sistem peradilan militer pertama, karena faktor kepentingan militer (TNI) yaitu berkaitan dengan tugas pokok TNI mempertahankan kedaulatan negara, oleh karena itu dengan menempatkan peran komandan satuan (Ankum) maupun lembaga kepaperaan didalam sistem penegakan hukum tersebut. Kedua, pada awal pembentukan organisasi peradilan militer menempatkan aparat peradilan sipil sebagai penjabat pada pengadilan militer. Ketua pengadilan negeri yang ditunjuk sebagai tempat kedudukan pengadilan tentara karena jabatannya menjadi ketua pengadilan tentara. Panitera pengadilan negeri juga menjabat sebagai panitera pengadilan tentara, kepala kejaksaan negeri ditetapkan sebagai jaksa tentara. Keadaan demikian menimbulkan keberatan-keberatan dengan alasan dipandang akan tidak menguntungkan bagi militer ataupun kesatuan militer. Peradilan militer ke depan harus mandiri baik secara kelembagaan maupun secara fungsional. Dalam konteks itu maka penyidik adalah polisi militer yang terdiri AD, AL dan AU, bertanggung jawab kepada Danpuspom TNI. Penuntutan dan pelimpahan perkara ke pengadilan dilaksanakan oleh oditur militer yang bertanggung jawab kepada Orjen TNI. Kewenangan pengadilan tidak lagi didasarkan kepada kepangkatan terdakwa. Pembinaan organisasi, administrasi, dan finansial pengadilan militer sepenuhnya berada dibawah MARI sebagaimana diatur dalam undang-undang.Military Court is the body that conduct the judicial power in the Indonesian Military Force (TNI) scope to enforce law and justice. The Military Court does not culminate and not supervised by the Indonesian Military Force headquarters, but culminates and is supervised by the Supreme Court of the Republic of Indonesia. The Philosophy of  the occurrence of dependence in the first military justice system, because of the interest of the military (TNI) which is associated with its principal task of TNI is to defend the national sovereignty, for that reason, by putting the role of commander of the unit (Ankum) as well as kepaperaan within the law enforcement system. The Head of the district court also covers Military Court in his jurisdiction because of it the Head of district court becomes the Head of Military Court. The Registrar is automatically also the Registrar of Military Court, Head of State Prosecutors assigned as military prosecutor. These circumstances affect objections which are seen as unfavorable for military or military units. The authority of the Court is no longer based on the rank of the defendant, the hierarchy of court proceedings such as judges, military Prosecutors, defense attorneys, no longer use the rank but wearing a toga. Development of organizational, administrative, financial of Military Courts is fully under the Supreme Court held consequently as stipulated in the law of judicial power.  The execution of criminal act by military prison, executed equally as prisoner without discriminating the person by his rank. 

scholarly journals Predicting the Law Area and Decisions of French Supreme Court Cases

2017 ◽  
Author(s):  
Octavia-Maria Şulea ◽  
◽  
Marcos Zampieri ◽  
Mihaela Vela ◽  
Josef van Genabith ◽  
...  
Keyword(s):  
Supreme Court ◽  
Court Cases ◽  
The Law

Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment

1997 ◽  
Vol 31 (4) ◽  
pp. 754-802 ◽  
Author(s):  
Omi
Keyword(s):  
Supreme Court ◽  
Human Dignity ◽  
Supreme Court Decision ◽  
Court Decision ◽  
District Court ◽  
Conditional Release ◽  
Basic Law ◽  
The Supreme Court ◽  
The Law ◽  
State Of Israel

Ganimat v. The State of Israel (1995) 49(iv) P.D. 589.The appellant was indicted in the Jerusalem Magistrate Court for two incidents of car theft. His detention was requested on the grounds that he posed a “danger to society”. The Magistrate Court agreed to his arrest, holding that a custom has been established whereby custody may be justified in crimes which have become “a nationwide scourge”, including car theft. The District Court rejected the appeal. The appellant was granted permission to appeal the decision in the Supreme Court (decision of Dorner J. and Barak J.; Cheshin J. dissenting) and his conditional release was ordered. However, it was decided to hold Special Proceedings in order to discuss some of the important issues raised by the case. The principal constitutional question raised by the case was whether the Basic Law: Human Dignity and Liberty influences the interpretation of the existing law, in the present case, the law of arrest as regulated by the Law of Criminal Procedure.

scholarly journals When Nominal Is Reasonable: Damages for the Unpracticed Patent

2018 ◽  
Author(s):  
Oskar Liivak
Keyword(s):  
Nineteenth Century ◽  
Supreme Court ◽  
Court Cases ◽  
Patent Policy ◽  
Damage Award ◽  
Boston College ◽  
Patented Invention ◽  
The Law ◽  
Significant Change

56 Boston College Law Review 1031 (2015)To obtain a substantial patent damage award a patentee need not commercialize the patented invention; the patentee need only show that its patent was infringed. This surely incentivizes patenting but it dis-incentivizes innovation. Why commercialize yourself? The law allows you to wait for others to take the risks, and then you emerge later to lay claim to “in no event less than a reasonable” fraction of other people’s successes. It is rational to be a patent troll rather than an innovator. This troll-enabling interpretation of patent law’s reasonable royalty provision, however, is wrong as a matter of patent policy. Surprisingly, it is also wrong as a matter of patent history. The courts created the basis for reasonable royalties in the nineteenth century, thereby marking a significant change to patent damages. But this precedent was nowhere near as sweeping as today’s interpretation would suggest. Up to the mid-1800s, the existing routes to patent damages were strict, available only to patentees who had already commercialized their patented invention. Budding innovators who were starting to commercialize but who could not yet prove an established royalty or lost profits were left out. Courts developed reasonable royalties for them. Those cases never extended reasonable royalties to those who simply sat on their patents waiting to extract payment from others. Starting in the 1970s, however, reasonable royalties came unmoored from that historical foundation. Infringement alone, without any evidence of commercialization, now creates a presumption of compensable harm. Today’s view of reasonable royalties is unsupported by patent history and sits in tension—if not outright conflict—with binding Supreme Court cases. Properly understood, some efforts to commercialize or some evidence of copying are still necessary for significant reasonable royalties. As a result, nominal damages are still reasonable to compensate for infringement of an unpracticed patent when asserted against independent inventors.

Tools and Resources: Lower Extremity Impairment Checklist and Worksheet

1999 ◽  
Vol 4 (1) ◽  
pp. 4-4
Keyword(s):  
Lower Extremity ◽  
North Dakota ◽  
Supreme Court ◽  
Range Of Motion ◽  
Workers Compensation ◽  
Fourth Edition ◽  
The Third ◽  
The North ◽  
Recent Edition

Abstract The North Dakota Supreme Court has ruled that the “most current” and “most recent” edition of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) is the Third Edition (McCabe v North Dakota Workers’ Compensation Bureau). This counterintuitive holding involved a claimant who injured his back and neck at work and who reached maximum medical improvement in 1994. At issue was which edition of the AMA Guides to use to measure the claimant's permanent partial impairment (PPI). Specifically, the question was whether to evaluate the impairment according to the Range of Motion (ROM) Model from the Third Edition or the Diagnosis-related estimates (DRE) of the Fourth Edition. The relevant statutory language required use of the “most current” or “most recent” edition of the AMA Guides. The court held that the language must be construed to mean the most recent edition at the time of the statute's enactment. At the time of enactment, the AMA Guides, Fourth Edition, (with the DRE Model) had not been published. The court held that the claimant's impairment must be evaluated using the ROM Model. The interpretation of the North Dakota Supreme Court is not consistent with the philosophy of the AMA Guides, and legal interpretations regarding use of the AMA Guides are not always consistent with specific directions therein.

Sign in / Sign up

Export Citation Format

Share Document