Popular participation in labour law: The new labour dispute resolution tribunal

The Labour Tribunal Law (No. 45 of 2004) ushered in a new court-annexed dispute resolution system for industrial relations disputes in Japan (outlined generally in Sugeno, 2004). Similar to the lay judge system for criminal trials (Johnson and Shinomiya, Chapter 2), the new tribunal adopts an adjudicative model that blends professional and lay expertise with decisions heard by a tripartite panel comprising a professional judge and two lay judges recommended by management and labour unions respectively. The new tribunal system came into operation on 1 April 2006.

Att prata ihop sig i rätten

Negotiating experience in the court How do judges assess witness credibility, and how do they proceed to reach sustainable conclusions in a criminal court? This article is based on discussions in four focus groups with lay judges in Swedish district courts. In criminal court trials, a version of an event is generally reinforced if it is confirmed by witnesses. However, if their narratives are too similar, none of them is found trustworthy. The focus group participants agreed that if witnesses were suspected of having discussed their individual experiences of an event and accommodated them into a common story, their testimonies were not considered credible. While testimonies should ideally be untainted by other people’s impressions and opinions, other rules govern the truth of the court. The lay judges appreciated their deliberations, including negotiations on impressions and memories of the trial, and they sometimes adjusted their perceptions in the light of information provided by other members of the court. However, if the lay judges are viewed as witnesses of what takes place in the trial, this gives rise to a paradox: While witness negotiations on experiences are regarded as a means to construct a false or biased story, the same kind of interaction between the judges is considered necessary to establish a consensual truth of what actually happened.

Administração judiciária e os juizados especiais cíveis: o caso do Rio Grande do Sul

Os Juizados Especiais foram criados para proporcionar acesso à justiça, de forma simples e rápida, sem custos, objetivando resolver conflitos de menor complexidade, de modo informal e preferencialmente através da conciliação. Decorridas mais de duas décadas desde a sua implantação, no Rio Grande do Sul, o sistema não vêm tendo a devida atenção, quer de parte dos operadores, quer de parte do próprio Judiciário. O risco de contaminação das práticas do sistema tradicional de justiça, burocrático e formalista e, por isso mesmo, moroso, exige medidas de administração judiciária que evitem o desvirtuamento dos princípios com base nos quais os Juizados Especiais foram concebidos. A correta atuação dos Juízes Presidentes dos Juizados Especiais, a orientação aos servidores que nele atuam, a prévia preparação dos juízes leigos e conciliadores para o exercício das relevantes funções que lhes são atribuídas, o comprometimento dos integrantes das Turmas Recursais com a unidade do sistema e, fundamentalmente, gestão deste pelo órgão estadual responsável pela coordenação e supervisão dos Juizados Especiais, são medidas que, juntamente com os necessários investimentos em informatização, incentivo à inovação e ao uso das novas tecnologias, padronização de procedimentos, aperfeiçoamento dos bancos de dados e sistema estatístico, podem promover melhorias significativas no seu desempenho.

Nasolabial appearance after two palatoplasty types in cleft lip and palate.

BACKGROUND Facial appearance is important for normal psychosocial development in children with cleft lip and palate (CLP). There is conflicting evidence on how deficient maxillary growth may affect nasolabial esthetics. METHODS We retrospectively investigated nasolabial appearance in two groups, the Langenback (35 children; mean age 11.1 years; range: 7.9-13.6) and Vomerplasty (58 children; mean age 10.8 years; range: 7.8-14), who received unilateral CLP surgery by the same surgeon. The hard palate repair technique differed between the two groups. In the Langenback group, palatal bone on the non-cleft side only was left denuded, inducing scar formation and inhibiting maxillary growth. In the Vomerplasty group, a vomerplasty with tight closure of the soft tissues on the palate was applied. Thirteen lay judges rated nasolabial esthetics on photographs using a modified Asher-McDade's index. RESULTS Nasolabial esthetics in both groups was comparable (p > 0.1 for each nasolabial component). Inferior view was judged as the least esthetic component and demonstrated mean scores 3.18 (SD = 0.63) and 3.13 (SD = 0.47) in the Langenback and Vomerplasty groups, respectively. Mean scores for other components were from 2.52 (SD = 0.63) to 2.81 (SD = 0.62). Regression analysis showed that vomerplasty is related with slight improvement in the nasal profile only (coefficient B = -0.287; p = 0.043; R(2 ) = 0.096). CONCLUSIONS This study demonstrates that the use of vomerplasty instead of the Langenbeck technique is weakly associated with the nasolabial appearance among pre-adolescent patients with UCLP.

A corpus-assisted study of the discourse marker well as an indicator of judges' institutional roles in court cases with litigants in person

In this paper, I concentrate on court cases with litigants in person (lay people who act on their own behalf in legal proceedings without a counsel or solicitor) and discuss the challenges of building a corpus of courtroom discourse where it is crucial to distinguish between speakers due to their distinct institutional roles. The corpus incorporates seven sub-corpora of verbatim transcripts from different court cases with litigants in person and comprises over eleven-million tokens. The focus of this paper is on the interplay between the legal and lay discourse types and how judges project their institutional roles through well-initiated turns directed at litigants in person and counsels. As a versatile discourse marker, well provides a good opportunity to explore how judges have to adapt their roles to ensure lay litigants in person receive the necessary support and that their lack of competence does not impede on the fairness of the proceedings. Given the breadth and importance of the topic of litigation in person, I discuss how the tools and approaches of corpus linguistics can be helpful in this multi-disciplinary area where multiple functions and uses of individual linguistic features need to be explored in depth.

More and more lawyers but still no judges

This paper discusses some parallels and contrasts between the legal roads to war and suggest that the case is stronger than ever for adjudication of the matter before an independent tribunal where the competing views can be tested.

The divine right of ...judges

Poem published in Free Speech segment of NTEU Newletter.

Some Canadian evidence on the quit/lay-off distinction

The question of whether or not there exists a meaningful economic distinction between quits and layoffs has attracted considerable attention. This paper utilizes a recent test proposed by J. S. Cramer and G. Ridder (1991) to test formally whether quits and layoffs may legitimately be aggregated into a single undifferentiated job-mover category. The paper also estimates wage equations for job stayers, quits, and layoffs, corrected for the endogeneity of job mobility. The major results are that quits and lay-off cannot legitimately be pooled and correction for sample selection would appear to be important.

Lay theories of anorexia nervosa : a discourse analytic study

Previous studies on lay theories of anorexia nervosa have examined the 'accuracy' of lay knowledge, and the identification of factors by family and friends that would encourage early interventions. In contrast to these approaches, we examine lay theories of anorexia nervosa using a critical psychology perspective. We argue that the use of a discourse analysis methodology enables the examination of the construction of lay theories through dominant concepts and ideas. Ten semi-structured interviews with five women and five men aged between 15 and 25 years were carried out. Participants were asked questions about three main aspects of anorexia nervosa: aetiology, treatment and relationship to gender. Each interview was analysed in terms of the structure, function and variability of discourse. Three discourses: sociocultural, individual and femininity, are discussed in relation to the interview questions. We conclude that, in this study, lay theories of anorexia nervosa were structured through key discourses that maintained a separation between sociocultural aspects of anorexia nervosa and individual psychology. This separation exists in dominant psychomedical conceptualizations of anorexia nervosa, reinforcing the concept that it is a form of psychopathology.

“Lay” theories of anorexia nervosa : a discourse analytic study

Previous studies on lay theories of anorexia nervosa have examined the ‘accuracy’ of lay knowledge, and the identification of factors by family and friends that would encourage early interventions (Huon, Brown, & Morris, 1988, 7, 239–252; Murray, Touyz, & Beumont, 1990, 9, 87–93). In contrast to these approaches, we examine lay theories of anorexia nervosa using a critical psychology perspective. We argue that the use of a discourse analysis methodology enables the examination of the construction of lay theories through dominant concepts and ideas. Ten semi-structured interviews with five women and five men aged between 15 and 25 years were carried out. Participants were asked questions about three main aspects of anorexia nervosa: aetiology, treatment and relationship to gender. Each interview was analysed in terms of the structure, function and variability of discourse. Three discourses: sociocultural, individual and femininity, are discussed in relation to the interview questions. We conclude that, in this study, lay theories of anorexia nervosa were structured through key discourses that maintained a separation between sociocultural aspects of anorexia nervosa and individual psychology. This separation exists in dominant psychomedical conceptualizations of anorexia nervosa, reinforcing the concept that it is a form of psychopathology.

Curved composite beams—optimum lay-up for buckling by ranking

Instability of laminated curved composite beams made of repeated sublaminate construction is studied using finite element method. In repeated sublaminate construction, a full laminate is obtained by repeating a basic sublaminate which has a smaller number of plies. This paper deals with the determination of optimum lay-up for buckling by ranking of such composite curved beams (which may be solid or sandwich). For this purpose, use is made of a two-noded, 16 degress of freedom curved composite beam finite element. The displacements u, v, w of the element reference axis are expressed in terms of one-dimensional first-order Hermite interpolation polynomials, and line member assumptions are invoked in formulation of the elastic stiffness matrix and geometric stiffness matrix. The nonlinear expressions for the strains, occurring in beams subjected to axial, flexural and torsional loads, are incorporated in a general instability analysis. The computer program developed has been used, after extensive checking for correctness, to obtain optimum orientation scheme of the plies in the sublaminate so as to achieve maximum buckling load for typical curved solid/sandwich composite beams.

Stiffened composite cylindrical panels�Optimum lay-up for buckling by ranking

Buckling of discretely stiffened composite cylindrical panels made of repeated sublaminate construction is studied using a finite element method. In repeated sublaminate construction, a full laminate is obtained by repeating a basic sublaminate, which has a smaller number of plies. This paper deals with the determination of the optimum lay-up for buckling by ranking of such stiffened (longitudinal and hoop) composite cylindrical panels. For this purpose we use the particularized form of a four-noded, 48 degrees of freedom doubly curved quadrilateral thin shell finite element together with a fully compatible two-noded, 16 degrees of freedom composite stiffener element. The computer program developed has been used, after extensive checking for correctness, to obtain an optimum orientation scheme of the plies in the sublaminate so as to achieve maximum buckling load for a specified thickness of typical stiffened composite cylindrical panels.

Virgin wasps develop ovaries on par with mated females, but lay fewer eggs

In the primitively eusocial wasp Ropalidia marginata, mating is not necessary for a female wasp to develop her ovaries, lay eggs, and even to become the sole egg layer of her colony despite the presence of other mated nestmates. Here, we show that virgin wasps do not differ from their mated counterparts in the extent and rapidity of their ovarian development, in the proportion of individuals that build a nest and laid eggs, and in the time taken to do so. However, a significantly larger proportion of virgin females showed resorbing oocytes, and laid fewer eggs as compared to mated individuals. Thus, virgin females have the ability to develop ovaries and lay eggs but also to refrain from necessarily laying all mature eggs produced, before mating opportunities arise. This dual ability would be adaptive in haplodiploid, tropical species with perennial nesting cycles and frequent opportunities for workers to become replacement queens or solitary nest foundresses throughout the year.