Reminiscences of John Adye Curran, k.c., late county court judge and chairman of quarter sessions;

"They are published...to tell the story of the Invincible conspiracy and its true inwardness." cf. p. 294.

The acceptability and utility of voir dire questionnaires in Florida Circuit Civil Court

This study examined the acceptability and utility of the content of an extensive automobile tort voir dire questionnaire in Florida Circuit Civil Court. The ultimate purpose was to find questionnaire items from established measures that have demonstrated utility in uncovering biases that were at the same time not objectionable to the courts. The survey instrument included a venireperson questionnaire that used case-specific attitudinal and personality measures as well as typical information asked about personal history. The venireperson questionnaire incorporated measures that have proven reliable in other personal injury studies (Hans, & Lofquist, 1994). In order to examine judges' ratings, the questionnaire items were grouped into eight categories. Claims Consciousness scale measures general attitudes towards making claims based on one's legal rights. Belief in a Just World measures how sympathetic the juror would be to people who have suffered injuries. Political Efficacy is another general attitude scale that identifies attitudes towards the government. Litigation Crisis scales elicits attitudes about civil litigation. Case Specific Beliefs about Automobile Accidents and Litigation were taken from questionnaires developed and used in auto torts and other personal injury cases. Juror's personal history was divided into Demographics and Trial Relevant Attitudes. Ninety-seven circuit civil judges critiqued the questionnaire for acceptability, relevance to the type of case presented, and usefulness to attorneys for determining peremptories. ^ The majority of judges' responses confirmed that the central dimension in judicial thinking is juror qualification rather than juror partiality. Only three of the eight voir dire categories were considered relevant by more than 50 percent of the judges: Trial Relevant Experiences, Juror Demographics, and Tort Reform. Additionally, several acceptable items from generally disapproved categories were identified among the responses. These were general and case specific attitudinal items that are related to tort reform. We discuss the utility of voir dire items for discerning juror partiality. ^

La partición en vida y otras figuras similares: Protección judicial a los acreedores

El propósito del tema a desarrollar a través de este documento es el de analizar y comprender, bajo una óptica crítica y reflexiva, la institución jurídica de la partición en vida, su noción, regulación y efectos, con miras a determinar los posibles perjuicios que pueda generar la aplicación de esta figura a los acreedores de quien lleva a cabo la misma. Basados en dicho objetivo, se expone a la partición en vida como institución jurídica, analizando el fallo de la Corte Constitucional mediante el cual se declara su exequibilidad, y contrastándola con la partición por donación, usada en Argentina, como referente extranjero. Así mismo, son abordadas distintas instituciones jurídicas cuyo análisis permite denotar el alcance de la partición en vida en la práctica social colombiana, y a su vez, determinar cómo puede verse afectado el patrimonio de aquellos terceros que fungen como acreedores del partidor.

A gestão em vara judicial sob a visão do juiz pro ativo

O modelo de gestão inovador mostrou que é possível fazer um ambiente de excelência onde o Poder Judiciário seja reconhecido, respeitado e confiável aos jurisdicionados, na medida em que se assegura uma prestação jurisdicional efetiva num espaço de tempo razoável, garantindo legitimidade e credibilidade às suas decisões, sob a visão de um juiz proativo, com objetivos estratégicos pré-definidos, sob um olhar idealizador, uma equipe integrada, motivada e comprometida. O modelo de gestão inovador foi experimentado na Vara do Juizado Especial Cível da Comarca de Jaru, no Estado de Rondônia, onde se procurou conferir uma rotina lógico-jurídica ao fluxo processual, sem prejuízo da qualidade, e em com total harmonia aos postulados normativos do Juizado Especial Cível e as regras constitucionais prescritas.

A legitimidade da jurisdição de primeiro grau na concretização dos direitos fundamentais: proposta de um novo modelo jurídico-administrativo para o segundo grau de jurisdição

The current study is about the legitimacy of lower court jurisdiction as a way of exercising basic legal rights, proposing, therefore, a new legal-administrative model for appellate court. In order to achieve that, a demonstration of the importance of basic legal rights in the Brazilian legal system and an open interpretation in light of the Constitution, as a way to affirm said rights, among which are accessibility to the justice system and proper legal protection, is required. As a result, the legitimacy to access the legal system resides in the Constitution, where the interpreter should seek its basic principles to achieve basic legal rights. It is observed that the lack of credibility regarding lower court decisions comes from the dogmatic view of truth born from power, and therefore, that the truth resides in decisions from appellate court and not from lower court judges. A lower court judge holds a privileged position in providing basic legal rights for citizens, considering his close contact to the parties, the facts, and the evidences brought forth. Class action suit is presented as an important instrument able to lead the lower court judge to provide basic legal rights. Small Claims Courts may be used as paradigm to the creation of Appellate State Courts formed by lower court judges, reserving to higher jurisdiction courts and Federal Circuit Courts, the decisions of original competency and the management and institutional representation of the judiciary system. Instilling an internal democratization of the judiciary is also required, which means the participation of lower court judges in electing their peers to chief positions in the court system, as well as establishing a limited mandate to higher court judges.

Análise textual dos discursos: responsabilidade enunciativa no texto jurídico

This investigation aims at describing, analyzing and interpreting the Commitment in Initial Petitions, which is a genre circumscribed in the judicial domain. For this purpose, we have chosen sections, facts as found and relevant law , sections of the petition, with the understanding that, in this way, respectively, the narration of events, which gives margin to the propositioning to the judicial action, and the exposition of the law that upholds the author s intention. We base our discussion on the field of Linguistics, more precisely, Textual Discourse Analysis (TDA), whose theoretical basis is derived from Textual Linguistics (TL) and Enunciative Linguistics. We foreground, particularly, the way in which the author of texts, objects of analysis, use discursive strategies that evidence ER. The relevance of this study, then, is in the formation of a critique of the judicial text, as it conceives of a dialogical approach to the point of view, raising not only questions about the way in which a linguistic instance conceives an object of discourse, but also considering questions of language inherent to technical writing and, in this aspect, contributing to the work of those operating in Law about the many ways ER is formed in the body of a petition. We selected two categories to analyze that, according to Adam (2011), characterize the degree of ER in the textual material of the propositional enunciations: the different types of representation of speech and the indications of profile of mediators. In this sense, with this task as an objective, we base our study regarding point of view on Rabatel (2003, 2009a, 2010) with relation to the enunciative approach, including the study of PDV in polyphonic and dialogical theoretical framework to study the ER from different types of speech representations that conceive forms of transmission of discourse and the role of the enunciating subject, mainly the responsibility and the prerogative by the propositional contents. In the same way, intending to study the indications of the mediator profiles, we observed the postulations of Guentchéva (1994, 1996), which develop the notion of mediative grammatical categories, of which permit the linguistic marking of distance and engagement of the enunciator with regard to the information expressed. The methodology we adopted was based on qualitative research, of an interpretive and introspective nature, in light of the fact that his study focuses on processes and strategies underlying language use. The corpus of the research is comprised of Initial Petitions, which gave rise to actions originating in the Civil Court of Currais Novos County RN. The data analysis shows that an object of discourse is always perspective oriented and presents the point of view of one or more enunciators. Consequently, the producer of a text, using the PDV of other enunciators, influences and establishes the argumentative orientation of the text. In the same way, it evidences the relevance of the use of mediated constructions in the judicial text, as they function as strategies attenuated to the responsibility of the producer of the text with what is said, and at the same time points to a discourse of authority through the entrance of the sources of law. Moreover, it reveals the documental and international importance of this practice, at the same time that it exposes the compositional and normative difficulties with regard to legal and linguistic aspects

Ocidentalização, territórios e populações indígenas no sertão da Capitania do Rio Grande

The objective of this work is to understand some of the modifications caused for the phenomenon of the westernization in the hinterland of the Capitania do Rio Grande e in the life of the indians populations that inhabited there during the Colonial Period. We break of the quarrel of Serge Gruzinski concerning the westernization, understood while immersed phenomenon in the context of the expansion of the commercial capitalism and that, for the imposition of the culture occidental person to the alteridades of the New World, emprende the conquest of its territories, bodies and souls. The space clipping has covered the hinterland of the Capitania do Rio Grande, specifically the colonial territory of the Freguesia da Gloriosa Senhora Santa Ana do Seridó. The chosen chronological limit for the research corresponds to the Colonial Period and part of the Imperial one. However, the emphasis falls again on the period that it initiates in 1670, year of the oldest concession of would sesmaria known until the moment in the hinterland of the Rio Grande, extending itself until the decade of 1840. Sources of written by hand nature, cartographic printed and compose the used document roll: official correspondence and legislation, petitions of would sesmaria, inventories post-mortem, justifications of debt, registers of parish, maps, action civil court jurisdiction, notes of notary's office, land landmarks. We take the method, analyzed for Carlo Ginzburg, to cross these sources between itself and to detect its implied particularitities and ideas in the space between lineses, but, attributing it status to they of a colonial speech, fruit of the bureaucracy of where it was originated and of the social place of who produced it. We look for to demonstrate, throughout the work, that the phenomenon of the westernization desestruturou the aboriginal societies and its habitat, constructing, over its rubbles, a colonial territory that found in the cartography of the Freguesia de Santa Ana an efficient instrument of control of the space and the population. On the other hand, if the imposition of the culture occidental person exterminou great part of the native population that inhabited the hinterland of the Rio Grande, the remainders of these indians and the mestizos of descending them had survived in diverse ways in the freguesia: in the condition of captives of war or in regimen of servile work, as living or assistants in the farms, populations and village; rambling without route in the fields and the population spots; as mediating agents between the world occidental person and the native, exerting military or civil positions and still appealing to Justice in search of its rights of inheritance. Experiences of slavery, servitude, errância and mediation, but, also of resistance, adaptation, mestization in the Freguesia de Santa Ana

Responsabilidade do Estado e do magistrado frente à concessão ou denegação de tutelas de urgência

Pós-graduação em Direito - FCHS

Negatória de paternidade: uma análise sob a ótica do pai

Pós-graduação em Serviço Social - FCHS

Surasky Family Papers - Accession 250 - M115 (147)

The Surasky Family Papers consists of correspondence, newspaper clippings, reminiscences, poetry, and other papers mostly photocopies. Of particular interest are a reminiscence by Esther Pinck entitled “Remembrance of Things Past”, concerned with the Jewish experience in Aiken, SC; papers related to Mina Tropp, a painter who developed a unique medium of painting with flora and who is also published poet; and letters of Judge Justine Wise Polier, well known Juvenile Court judge in New York. Collection is almost all photocopies.

Islam and the Legal Enforcement of Morality

Over sixty years ago, British high court judge Patrick Devlin and legal philosopher H.L.A. Hart fought out a famous debate over the legal enforcement of morality, which was generated by the question whether homosexuality should be legalized or not. Jurists agree that this debate was won by Hart, also evidenced in the fact that the state has since been retreating from its previous role of moral watchdog. I argue in this paper that the two most conflicted and essentially unresolved issues in the integration of Islam, the regulation of the female body and of free speech, have reopened this debate anew, pushing the liberal state toward the legal regulation of morality, thus potentially putting at risk its liberalness. I use the Hart-Devlin debate as a template for comparing and contrasting the Muslim quest for restricting free speech with the host-society quest for restricting the Islamic veil. Accordingly, there is a double threat to liberalism, which this paper brings into view in tandem, one originating from Islam and another from a hypertrophied defense of liberalism.

A plan of Cambridge Green, 1780 September 14

Small pen-and-ink and watercolor drawing of Cambridge Green created by Harvard senior John Davis, presumably as part of his undergraduate mathematical coursework. The map surveys Cambridge Commons and includes a few rough outlines of College buildings and the Episcopal church, and notes the burying ground, and the roads to Charlestown, Menotomy, the pond, Watertown, and the bridge. The original handwritten text is faded and was annotated with additional text by Davis including the note "[taken in my Senior year at H. College Septr 1780] Surveyed in concert with classmates, Atkins, Hall 1st, Howard, Payne, &c.- J. Davis." There is a note that "Atkins afterwards took the name of Tying." Davis refers to Dudley Atkins Tyng, Joseph Hall, Bezaleel Howard, and Elijah Paine, all members of the Harvard Class of 1781.

Quaedam Theses extractae potissimii ex Enchiridio Metaphisico ca. 1718

Small paper notebook with a handwritten copy of a Latin text titled “Quaedam Theses extractae potissimii ex Enchiridio Metaphisico” attributed to John Clark and J. Remington and copied by a Harvard student, likely Richard Dana (Harvard AB 1718). The text is a précis of sections of Jean Le Clerc's "Ontologia et Pneumatologia" prepared by Harvard Tutor Jonathan Remington (Harvard AB 1696). The paper cover is inscribed “Carpenter” and the first page includes the inscriptions “Rosewell Saltonstall,” “Ezra Carpenter,” and "R. Dana” indicating the book was once owned by Harvard students Richard Dana (Harvard AB 1718), Roswell Saltonstall (Harvard AB 1720), and Ezra Carpenter (Harvard AB 1720).

Inscription for Mr. Remington's grave stone, ca. 1800

This one-page undated and unattributed document contains a handwritten copy of the Latin inscription made for Jonathan Remington's gravestone.