* Chairman, National Environment Tribunal, Kenya. Former Director, UNEP. This paper draws from earlier papers on past colloquia in Kenya, two for High Court Judges (January and April 2006) and one for East Africa: the Court of Appeal Judges for Kenya, Tanzania and Supreme Court and Court of Appeal, Uganda. I acknowledge the research and other contributions of Judy Gitau of Kaniaru & Kaniaru Adv...

In December 1993, Garyand JenniferTroxel filed a petition in Washington Superior Court to obtain increased visitation with their two granddaughters under theprovision ofaWashington statuteallowing any person toseekvisitation ofachild ifthevisitation could beshown to be in the child's best interest.' The trial courtgranted increased visitations to thegrand parents. The Washington Court ofAppeals...

This study attempts to explain why the Supreme Court responds to public mood by analyzing individual justice liberalism and comparing it to public liberalism between the years of1970 and 2001. Three theories suggesting why the Court may respond to public opinion are discussed, including the replacement, political adjustment, and the attitude change hypotheses. The method of using Court reversal...

Law enforcement agencies refer approximately two-thirds of all youth arrested to a court with juvenile jurisdiction for further processing. As with law enforcement, the court may decide to divert some juveniles away from the formal justice system to other agencies for service. Prosecutors may file some juvenile cases directly in criminal (adult) court. The net result is that juvenile courts for...

This case involves two proceedings, one pending in state court, the other in federal court. Each seeks review of an Iowa Utilities Board (IUB or Board) order. And each presents the question whether Windstream Iowa Communications, Inc. (Windstream), a local telecommunications carrier, may impose on Sprint Communications, Inc. (Sprint), intrastate access charges for telephone calls transported vi...

abstracttransferor effect of appeal from civil judgment move case in the opinion of court of appeal/investigation of this court does not merely from forms and procedure perspective but investigation comprise the whole of the case.at contemporary world the role of appeal courts fundamentally changed and the process of investigation in the appeal court violated principle of double degree of proce...

As one of the few studies to examine internal influence among Justices on the United States Supreme Court, this Note seeks to identify the most influential individuals on the Rehnquist Court. Using an empirical analysis of non-majority opinion joining behavior, this Note examines two time periods separately: the entire Rehnquist Court (the 1986 to 2004 Terms) and the time when the membership on...

We present a simple sequential bargaining model of a collegial court, analogous to Baron and Ferejohn’s sequential bargaining model of a legislature. However, the model incorporates critical features of appellate court jurisprudence — including disposition votes and coalitions, opinion assignment, opinion writing, and voting over draft opinions to create a majority opinion —so that it is indeed...

The German Federal Administrative Court recently announced an order (finalized on January 20, 2014) on the neurobiological experiments on primate brains of Prof. Kreiter at the University of Bremen. With this order, a preceding court decision by the Higher Administrative Court of Bremen was established as final and absolute and the last glimmer of hope to end the suffering of the primates in Br...

BACKGROUND Two forms of institutionalized pressure to treatment can be distinguished in Switzerland: civil commitment and court referral. In court referral, the referred patient has the right to refuse treatment. OBJECTIVES To compare court referrals for inpatient treatment to voluntary therapy. METHODS Comparison of interviews at treatment entry and discharge records. RESULTS There were ...