Book Reviews: KARNES, F. A., & MARQUARDT, R. G. (1991). Gifted Children and The Law: Mediation, Due Process and Court Cases. Dayton, OH: Ohio Psychology Publishing Company, $15.00, 206 pp. KARNES, F. A., & MARQUARDT, R. G. (1991). Gifted Children and Legal Issues in Education: Parents' Stories of Hope. Dayton, OH: Ohio Psychology Publishing Company, $15.00, 191 pp

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

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Attorneys' Fees on Appeal: Misapplication of the Law of the Case Doctrine Raises Procedural and Substantive Due Process Concerns

SSRN Electronic Journal ◽

10.2139/ssrn.2742434 ◽

2016 ◽

Author(s):

Larry R. Fleurantin ◽

Manu Davidson

Keyword(s):

Due Process ◽

Substantive Due Process ◽

The Law

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Constitutional Limitations

10.1093/oso/9780190681050.003.0011 ◽

2018 ◽

Author(s):

Scott Burris ◽

Micah L. Berman ◽

Matthew Penn, and ◽

Tara Ramanathan Holiday

Keyword(s):

Public Health ◽

Supreme Court ◽

Due Process ◽

Reproductive Rights ◽

Court Cases ◽

Health It ◽

State Action ◽

Substantive Due Process ◽

State Action Doctrine ◽

Due Process Rights

This chapter describes “due process,” a Constitutional restriction on governmental actions that impact individuals, in the context of public health. It outlines the doctrines of procedural and substantive due process, including the legal tests that courts apply to decide whether individuals’ due process rights have been violated. It uses examples from Supreme Court cases that have defined due process in the context of public health, including those that struggle to define the scope of reproductive rights. It also examines two cases where public health principles were raised as a justification for governmental action: one about involuntary sterilization and one about Ebola. The chapter concludes with a brief discussion of the “state action doctrine” that defines which public health actors may be challenged on due process grounds.

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The Impact of Emerging Technologies on the Law of Armed Conflict

10.1093/oso/9780190915322.001.0001 ◽

2019 ◽

Cited By ~ 1

Keyword(s):

Armed Conflict ◽

New Technologies ◽

Emerging Technologies ◽

Legal Issues ◽

Technological Advancement ◽

Law Of Armed Conflict ◽

Legal Challenges ◽

Challenges And Opportunities ◽

The Law ◽

The Impact

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.

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Regulating the Tyrell Corporation: the Emergence of Novel Beings

Cambridge Quarterly of Healthcare Ethics ◽

10.1017/s0963180120000973 ◽

2021 ◽

Vol 30 (3) ◽

pp. 421-434

Author(s):

David R Lawrence ◽

Sarah Morley

Keyword(s):

Computer Science ◽

Moral Status ◽

Homo Sapiens ◽

Legal Issues ◽

Moral Issues ◽

Epochal Change ◽

The Law

AbstractEmerging biotechnologies and advances in computer science promise the arrival of novel beings possessed of some degree of moral status, even potentially sentient or sapient life. Such a manifestation will constitute an epochal change, and perhaps threaten Homo sapiens’ status as the only being generally considered worthy of personhood and its contingent protections; as well as being the root of any number of social and legal issues. The law as it stands is not likely to be capable of managing or adapting to this challenge. This paper highlights the likely societal ramifications of novel beings and the gaps in the legislation which is likely to be relied upon to respond to these. In so doing, the authors make a case for the development of new regulatory structures to manage the moral issues surrounding this new technological upheaval.

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