951 resultados para The Supreme Court


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One of the most important goals of American educational institutions over the past 47 years has been the desegregation of pubic schools. This goal reflected the Supreme Court's decision in Brown v. Board of Education that segregated schools are inherently unequal and deny segregated minority students equal educational opportunities as mandated by the United States Constitution. This study examined the extent, nature, and causes of segregation in the Miami-Dade County Public Schools and the effects of segregation on the educational performance of minority students. ^ Research questions were analyzed using demographic data from the United States Census Bureau, the Metro-Dade County Planning Department, the United States Commission on Civil Rights, the United States Department of Education, and the Miami Dade County Public Schools. The extent of residential and school segregation in MiamiDade County was measured using the Dissimilarity Index. Historical and sociological literature were analyzed to explain the causes of school segregation, the socioeconomic characteristics of segregated minority students, and the relationship between school segregation and equal educational opportunities. A causal-comparative research method was chosen because it is the most appropriate method to compare the educational performance of minority students in segregated schools with the educational performance of minority students in desegregated schools. ^ The results of this study demonstrates that there is a high degree of residential and school segregation in Miami-Dade County, Florida. Furthermore, the Miami-Dade County Public Schools are characterized by a high degree of socioeconomic segregation. This is significant considering that the socioeconomic status of a student's peers is, after the student's family background, the most influential factor in determining academic performance. Clearly, schools and other social institutions must continue efforts to throughly desegregate the school district and improve minority student academic performance. A racially and economically desegregated school system would constitute an important component in Miami-Dade County's efforts to provide equal educational opportunities to all students. ^

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The primary focus of this dissertation is to determine the degree to which political, economic, and socio-cultural elites in Jamaica and Trinidad & Tobago influenced the development of the Caribbean Court of Justice's (CCJ) original jurisdiction. As members of the Caribbean Community (CARICOM), both states replaced their protectionist model with open regionalism at the end of the 1980s. Open regionalism was adopted to make CARICOM member states internationally competitive. Open regionalism was also expected to create a stable regional trade environment. To ensure a stable economic environment, a regional court with original jurisdiction was proposed. A six member Preparatory Committee on the Caribbean Court of Justice (PREPCOM), on which Jamaica and Trinidad & Tobago sat, was formed to draft the Agreement Establishing the Caribbean Court of Justice that would govern how the Court would interpret the Revised Treaty of Chaguaramas (RTC) and enforce judgments. ^ Through the use of qualitative research methods, namely elite interviews, document data, and text analysis, and a focus on three levels of analysis, that is, the international, regional, and domestic, three major conclusions are drawn. First, changes in the international economic environment caused Jamaica and Trinidad & Tobago to support the establishment of a regional court. Second, Jamaica had far greater influence on the final structure of the CCJ than Trinidad & Tobago. Third, it was found that in both states the political elite had the greatest influence on the development and structure of the CCJ. The economic elite followed by the socio-cultural elite were found to have a lesser impact. These findings are significant because they account for the impact of elites and elite behavior on institutions in a much-neglected category of states: the developing world.^

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Biological detectors, such as canines, are valuable tools used for the rapid identification of illicit materials. However, recent increased scrutiny over the reliability, field accuracy, and the capabilities of each detection canine is currently being evaluated in the legal system. For example, the Supreme Court case, State of Florida v. Harris, discussed the need for continuous monitoring of canine abilities, thresholds, and search capabilities. As a result, the fallibility of canines for detection was brought to light, as well as a need for further research and understanding of canine detection. This study is two-fold, as it looks to not only create new training aids for canines that can be manipulated for dissipation control, but also investigates canine field accuracy to objects with similar odors to illicit materials. It was the goal of this research to improve upon current canine training aid mimics. Sol-gel polymer training aids, imprinted with the active odor of cocaine, were developed. This novel training aid improved upon the longevity of currently existing training aids, while also provided a way to manipulate the polymer network to alter the dissipation rate of the imprinted active odors. The manipulation of the polymer network could allow handlers to control the abundance of odors presented to their canines, familiarizing themselves to their canine’s capabilities and thresholds, thereby increasing the canines’ strength in court. The field accuracy of detection canines was recently called into question during the Supreme Court case, State of Florida v. Jardines, where it was argued that if cocaine’s active odor, methyl benzoate, was found to be produced by the popular landscaping flower, snapdragons, canines will false alert to said flowers. Therefore, snapdragon flowers were grown and tested both in the laboratory and in the field to determine the odors produced by snapdragon flowers; the persistence of these odors once flowers have been cut; and whether detection canines will alert to both growing and cut flowers during a blind search scenario. Results revealed that although methyl benzoate is produced by snapdragon flowers, certified narcotics detection canines can distinguish cocaine’s odor profile from that of snapdragon flowers and will not alert.

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General note: Title and date provided by Bettye Lane.

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General note: Title and date provided by Bettye Lane.

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The neoliberal period was accompanied by a momentous transformation within the US health care system.  As the result of a number of political and historical dynamics, the healthcare law signed by President Barack Obama in 2010 ‑the Affordable Care Act (ACA)‑ drew less on universal models from abroad than it did on earlier conservative healthcare reform proposals. This was in part the result of the influence of powerful corporate healthcare interests. While the ACA expands healthcare coverage, it does so incompletely and unevenly, with persistent uninsurance and disparities in access based on insurance status. Additionally, the law accommodates an overall shift towards a consumerist model of care characterized by high cost sharing at time of use. Finally, the law encourages the further consolidation of the healthcare sector, for instance into units named “Accountable Care Organizations” that closely resemble the health maintenance organizations favored by managed care advocates. The overall effect has been to maintain a fragmented system that is neither equitable nor efficient. A single payer universal system would, in contrast, help transform healthcare into a social right.

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The role of Constitutional Courts in deeply divided societies is complicated by the danger that the salient societal cleavages may influence judicial decision-making and, consequently, undermine judicial independence and impartiality. With reference to the decisions of the Constitutional Court of Bosnia-Herzegovina, this article investigates the influence of ethno-nationalism on judicial behaviour and the extent to which variation in judicial tenure amplifies or dampens that influence. Based on a statistical analysis of an original dataset of the Court’s decisions, we find that the judges do in fact divide predictably along ethno-national lines, at least in certain types of cases, and that these divisions cannot be reduced to a residual loyalty to their appointing political parties. Contrary to some theoretical expectations, however, we find that long-term tenure does little to dampen the influence of ethno-nationalism on judicial behaviour. Moreover, our findings suggest that the longer a judge serves on the Court the more ethno-national affiliation seems to influence her decision-making. We conclude by considering how alternative arrangements for the selection and tenure of judges might help to ameliorate this problem.

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Prepared March 1, 2001 by Sherburne F. Cook, Jr. The official Court Proceedings of the second and third sentencing are recorded in the official Court Ledger for the 2nd Judicial District; Olympia, Thurston County, W.T., from which the following transcription has been taken. The Ledger picks up the Trial action on March 18, 1857.

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In the second half of the fifteenth century, King Ferrante I of Naples (r. 1458-1494) dominated the political and cultural life of the Mediterranean world. His court was home to artists, writers, musicians, and ambassadors from England to Egypt and everywhere in between. Yet, despite its historical importance, Ferrante’s court has been neglected in the scholarship. This dissertation provides a long-overdue analysis of Ferrante’s artistic patronage and attempts to explicate the king’s specific role in the process of art production at the Neapolitan court, as well as the experiences of artists employed therein. By situating Ferrante and the material culture of his court within the broader discourse of Early Modern art history for the first time, my project broadens our understanding of the function of art in Early Modern Europe. I demonstrate that, contrary to traditional assumptions, King Ferrante was a sophisticated patron of the visual arts whose political circumstances and shifting alliances were the most influential factors contributing to his artistic patronage. Unlike his father, Alfonso the Magnanimous, whose court was dominated by artists and courtiers from Spain, France, and elsewhere, Ferrante differentiated himself as a truly Neapolitan king. Yet Ferrante’s court was by no means provincial. His residence, the Castel Nuovo in Naples, became the physical embodiment of his commercial and political network, revealing the accretion of local and foreign visual vocabularies that characterizes Neapolitan visual culture.

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Biological detectors, such as canines, are valuable tools used for the rapid identification of illicit materials. However, recent increased scrutiny over the reliability, field accuracy, and the capabilities of each detection canine is currently being evaluated in the legal system. For example, the Supreme Court case, State of Florida v. Harris, discussed the need for continuous monitoring of canine abilities, thresholds, and search capabilities. As a result, the fallibility of canines for detection was brought to light, as well as a need for further research and understanding of canine detection. This study is two-fold, as it looks to not only create new training aids for canines that can be manipulated for dissipation control, but also investigates canine field accuracy to objects with similar odors to illicit materials. ^ It was the goal of this research to improve upon current canine training aid mimics. Sol-gel polymer training aids, imprinted with the active odor of cocaine, were developed. This novel training aid improved upon the longevity of currently existing training aids, while also provided a way to manipulate the polymer network to alter the dissipation rate of the imprinted active odors. The manipulation of the polymer network could allow handlers to control the abundance of odors presented to their canines, familiarizing themselves to their canine’s capabilities and thresholds, thereby increasing the canines’ strength in court.^ The field accuracy of detection canines was recently called into question during the Supreme Court case, State of Florida v. Jardines, where it was argued that if cocaine’s active odor, methyl benzoate, was found to be produced by the popular landscaping flower, snapdragons, canines will false alert to said flowers. Therefore, snapdragon flowers were grown and tested both in the laboratory and in the field to determine the odors produced by snapdragon flowers; the persistence of these odors once flowers have been cut; and whether detection canines will alert to both growing and cut flowers during a blind search scenario. Results revealed that although methyl benzoate is produced by snapdragon flowers, certified narcotics detection canines can distinguish cocaine’s odor profile from that of snapdragon flowers and will not alert.^

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Abstract: The implementation of Fundamental Constitutional Health and Social Rights is necessary, appropriate and proportionate, following the demands of the population. Accountability and self-responsibility play a very important role. This requires the development of constitutional principles that protect public funds against corruption and offer a constitutional right to health protection. Financial and criminal liability might provide an incentive to improve the management of public funds and reinforce fundamental constitutional principles, particularly regarding the right to health. Constitutional, administrative and criminal issues, as well as public management and administration and the science of good governance, should be articulated in a single strategy also in the health sector. In Portugal and Brazil, as examples, the Federal Court / Constitutional Court, the Supreme Court / High Court of Justice or the Court of Auditors should be considered together.

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Universidade Estadual de Campinas . Faculdade de Educação Física

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The lack of a systematic approach in Australia to recording and preserving legal history was highlighted in the article by Catherine Hutchins in the August 2002 issue of the Australian Bar Review. This article describes the modest, albeit continuing, efforts on the part of the Supreme Court Library to meet this need in the State of Queensland. The efforts began in 1983 and have recently escalated with a series of exhibitions, talks, displays, interviews and preservations of documents (from online publication).