2-24008 - Court of Appeals

Court of Appeals October 7, 1977 Appeal of James R. Schroeder v. William Thomas Sharp. Part of the State Law Library of Iowa ditigal scanning project of unpublished opinons of the Iowa Apeellate Courts.

State Library of Iowa Strategic Plan 2008-2011, October 24, 2008

Mission: The State Library advocates for Iowa libraries & promotes excellence & innovation in library services in order to provide statewide access to information for all Iowans.

State Library of Iowa Strategic Plan FY09-FY11

Mission: The State Library advocates for Iowa libraries & promotes excellence & innovation in library services in order to provide statewide access to information for all Iowans.

State Library of Iowa Strategic Plan FY08-FY11

Mission: The State Library advocates for Iowa libraries & promotes excellence & innovation in library services in order to provide statewide access to information for all Iowans.

"Judicial Activism in the ""Eye of the Beholder"" : the Israeli High Court of Justice and the Human Rights of the Palestinians in the Occupied Territories"

Il est mondialement reconnu que les institutions judiciaires jouent un rôle central dans le processus de prise de décisions politiques, à la fois au niveau national et international. C’est d’ailleurs le cas à la Haute Cour de justice d’Israël. L’étendue de son succès (ou de son échec) dans la tentative de trouver une solution aux violations des droits humains dans les territoires occupés est un problème qui continue de faire l’objet de bien des débats et de recherches académiques. À cet égard, il a été suggéré que, malgré l’absence de constitution écrite et l’existence d’un état d’urgence prolongé en Israël, la Haute Cour de justice a réussi à adopter une approche « judiciairement active » quant à la protection et la promotion des droits de l’homme de manière générale, y compris ceux des Palestiniens dans les territoires occupés. Dans cette perspective, le débat sur le processus d’examen judiciaire de la Haute Cour de Justice tient pour acquise la notion qu’Israël est une démocratie. Ainsi, cet article cherche à examiner cette hypothèse. Premièrement, en adoptant la position que le processus de révision judiciaire est compatible avec la démocratie et la règle de loi. Deuxièmement, il examine l’approche « judiciairement active » de la Cour et soumet un bref aperçu du processus, des outils et des principes légaux que la Cour adopte pour examiner les actions des autorités israéliennes, y compris l’armée, et imposer une loi commune de protection des droits de la personne, donc ceux des Palestiniens dans les territoires occupés. L’article argumente également que le contrôle prolongé des territoires occupés par Israël a eu des conséquences significatives, car tout effort fourni par la Cour pour garantir le respect des droits humains de la population civile palestinienne doit se faire sans compromettre la sécurité du pouvoir israélien. La conclusion à laquelle on arrive ici dépend de la façon dont on qualifie ce contrôle: une occupation à long terme ou une annexion (ce qui n’est pas réglementaire par rapport à loi internationale), ce qui n’est pas sans conséquence sur le rôle que la Haute Cour de justice peut effectivement jouer pour faire respecter les droits de la personne dans les territoires occupés.

In search of the aim of the free movement of persons provisions: has the Court of Justice missed the point?

The Court of Justice has, over the years, often been vilified for exceeding the limits of its jurisdiction by interpreting the provisions of Community legislation in a way not seem originally envisaged by its drafters. A recent example of this approach was a cluster of cases in the context of the free movement of workers and the freedom of establishment (Ritter-Coulais and its progeny), where the Court included within the scope of those provisions situations which, arguably, did not present a sufficient link with their (economic) aim. In particular, in that case law the Court accepted that the mere exercise of free movement for the purpose of taking up residence in the territory of another Member State whilst continuing to exercise an economic activity in the State of origin, suffices for bringing a Member State national within the scope of Articles 39 and 43 EC. It is argued that the most plausible explanation for this approach is that the Court now wishes to re-read the economic fundamental freedoms in such a way as to include within their scope all economically active Union citizens, irrespective of whether their situation presents a sufficient link with the exercise of an economic activity in a cross-border context. It is suggested that this approach is problematic for a number of reasons. It is, therefore, concluded that the Court should revert to its orthodox approach, according to which only situations that involve Union citizens who have moved between Member States for the purpose of taking up an economic activity should be included within the scope of the market freedoms.

A Gradient-Type Method For Real-Time State Estimation Of Water Distribution Networks

Drinking water distribution networks risk exposure to malicious or accidental contamination. Several levels of responses are conceivable. One of them consists to install a sensor network to monitor the system on real time. Once a contamination has been detected, this is also important to take appropriate counter-measures. In the SMaRT-OnlineWDN project, this relies on modeling to predict both hydraulics and water quality. An online model use makes identification of the contaminant source and simulation of the contaminated area possible. The objective of this paper is to present SMaRT-OnlineWDN experience and research results for hydraulic state estimation with sampling frequency of few minutes. A least squares problem with bound constraints is formulated to adjust demand class coefficient to best fit the observed values at a given time. The criterion is a Huber function to limit the influence of outliers. A Tikhonov regularization is introduced for consideration of prior information on the parameter vector. Then the Levenberg-Marquardt algorithm is applied that use derivative information for limiting the number of iterations. Confidence intervals for the state prediction are also given. The results are presented and discussed on real networks in France and Germany.

Summary of resolutions recently adopted by CDCC and resolutions of ECLAC and other organs of the United Nations which might be of special interest to member countries of ECLAC/CDCC

This paper brings to the attention of member countries of the Caribbean Development and Cooperation Committee (CDCC) resolutions adopted by past sessions of the Committee, since 2000, and the process of their implementation. Resolutions 55 to 66 for the period 2000- 2006 have been extracted from the reports of the eighteenth to twenty first sessions of the CDCC Also included for the information of member countries are selected resolutions recently adopted by the Economic Commission for Latin America and the Caribbean (ECLAC) and other organs of the United Nations. These resolutions greatly influence the preparation of the programme of work and are expected guide the day-to-day functioning of the secretariat. It is a great source of information for delegations, given the perceived special relevance of the resolutions to the membership of the CDCC. The resolutions listed in this document are pertinent to all subprogrammes of ECLAC and indeed the CDCC subprogramme 12 of ECLAC. However, the content of these resolutions either marked no real advance on the outcomes of the corresponding conferences that were held within recent times or were cast in a globally relevant context that did not address specific concerns of Caribbean countries to any significant extent.

Montana In the 1970’s: Seen Through a Reporter’s Eyes -- Chuck Johnson “In the Crucible of Change”

It has been said that “journalism is the first rough draft of history.” If that be the case, much of Montana’s history since 1970 was first written by Chuck Johnson. He has covered the activities of 20 regular sessions of the Legislature plus an untold number of Special Sessions, the Constitutional Convention, nine Governors, eight US Senators and seven US Congressmen. Primary elections, general elections, state and national Party Conventions have been seen by Montanans through Johnson’s prism. Big and little news about policy, insights about politics, and a sense of the people behind the news (and history) has flowed from Chuck Johnson’s pen. Johnson’s first decade as a journalist coincides substantially with the period of “In the Crucible of Change.” Having been one of those who wrote the first draft of much of the history in the series “In the Crucible of Change,” and as “Dean of Montana’s Capitol Reporters,” Chuck’s reflections and insights about the period are conveyed in this film with a maturity and understanding that can only come from one who has spent decades honing is craft to perfection. Chuck Johnson is a journalist who has covered Montana state government and politics since 1970. Since 1992, he has been bureau chief of the Lee Newspapers State Bureau in Helena, writing for the Lee daily newspapers: the Billings Gazette, The Montana Standard (Butte), Helena Independent Record, The Missoulian, and the Ravalli Republic (Hamilton). Johnson, a Great Falls native raised in Helena, was exposed to politics early on when he was taken up to the Legislature one night to watch the debate on the raging issue of the day--whether stores should be allowed to give trading stamps to customers. He received a B.A. in journalism and an M.A. history from the University of Montana. Johnson spent a year studying politics and economics at Oxford University in England on a Rotary Foundation scholarship. He previously was chief of the Great Falls Tribune Capitol Bureau and worked for the Associated Press, Missoulian and Helena Independent Record. Chuck and his wife Pat reside in Helena.

Environmental judgements by the Court of Justice and their duration. Research Papers in Law, 4/2008

From the Introduction. Little attention is paid, until now, to the duration of environmental procedures under Articles 226 and 228 EC Treaty, though these procedures are the only instrument at the disposal of the European Commission to enforce the application of EC environmental law1. Indeed, the Commission itself has no possibility to impose a fine or a penalty payment against a Member State, or to withhold sums under the Structural Funds, where a Member State persistently infringes Community environmental law. Rather, the Commission is obliged to first issue a Letter of Formal Notice against a Member State which infringes Community law. Where the infringement is not repaired, the Commission may issue a Reasoned Opinion against the Member State, and if also this does not lead to the compliance with EC law, it may appeal to the Court of Justice2.

Answering the Call of the European Court of Justice in Eurofoods a Proposed Package of Due Process Rights with a View Toward the 2012 Revision of the European Insolvency Regulation. IES WORKING PAPER 3/2011

This paper anticipates the 2012 revision of the European Insolvency Regulation, which is the sole Union legislation on the subject of cross border insolvency proceedings. The paper first describes the historical background of the Regulation. The salient point of the historical discussion is that the Regulation is the product of forty years of negotiation and arises from a historical context that is no longer applicable to current economic realities, i.e. it provides for liquidation, not reorganization, it doesn’t deal with cross border groups of companies, and it lacks an effective mechanism for transparency and creditor participation. The paper then reviews the unique hybrid jurisdictional system of concurrent universal and territorial proceedings that the Regulation imposes. It looks at this scheme from a practical viewpoint, i.e. what issues arise with concurrent proceedings in two states, involving the same assets, the same creditors, and the same company. The paper then focuses on a significant issue raised by the European Court of Justice in the Eurofoods case, i.e. the need to comply with fundamental due process principles that, while not articulated in the Regulation, lie at the core of Union law. Specifically, the paper considers the ramifications of the Court’s holding that “a Member State may refuse to recognize insolvency proceedings opened in another Member State where the decision to open the proceedings was taken in flagrant breach of the fundamental right to be heard.” In response to the Court’s direction, this paper proposes a package of due process rights, consisting principally of an accessible, efficient and useful insolvency database, the infrastructure of which already exists, but the content and use of which has not yet been developed. As part of a cohesive three part due process package, the paper also proposes the formation of cross border creditors' committees and the establishment of a European Insolvency Administrator. Finally, on the institutional level, this paper proposes that the revision of the Regulation and the development of the insolvency database not only need to be coordinated, but need to be conceptualized, managed and undertaken, not as the separate efforts of diverse institutions, but as a single, unified endeavor.

The Tasmanian law reports : cases determined in the Supreme Court of Tasmania.

Earlier reports in: Reports of cases determined in the Supreme Court of Tasmania / Herbert Nicholls and W. J. T. Stops.

Reports of cases decided by the Supreme Court of Mississippi.

Publisher and place of publication vary.

Placita coram domino rege apud Westmonasterium de termino Sancte Trinitatis anno regni regis Edwardi, filii regis Henrici, vicesimo quinto. The pleas of the Court of King's bench, Trinity term, 25 Edward I, 1927.

Cover-title: Coram rege roll for Tinity term, 25 Edward I, A.D. 1297. Being the special volume issued by the British record society, limited in commemoration of the record year of Her Majesty Queen Victoria, A.D. 1897.

Reports of cases argued and determined in the Supreme Court of the territory of Arizona.

Mode of access: Internet.