scholarly journals Whose Rules Rule? Federal Circuit Review of Divergent USPTO and District Court Decisions

2011 ◽  
Author(s):  
Lisa A. Dolak
Keyword(s):  
District Court ◽  
Court Decisions ◽  
Federal Circuit

A Review and Analysis of Prison Litigation Reform Act Court Decisions: Solution or Aggravation?

1997 ◽  
Vol 77 (4) ◽  
pp. 405-455 ◽  
Author(s):  
KATHERINE BENNETT ◽  
ROLANDO V. DEL CARMEN
Keyword(s):  
Due Process ◽  
Separation Of Powers ◽  
Legal Issues ◽  
District Court ◽  
Court Decisions ◽  
District Courts

On April 26, 1996, Congress enacted landmark legislation aimed at curtailing meritless inmate litigation and restricting remedies for prison condition lawsuits. This legislation, the Prison Litigation Reform Act (PLRA), is briefly summarized in this article. Five areas of constitutional challenges to the PLRA at the appellate and district court level are reviewed. Eleven legal issues raised by the PLRA are inconsistent decisions among circuit and district courts, particularly in the areas of separation of powers and due process violations.

scholarly journals JURIDIS ANALYSIS OF CONFLICT COMPETENCY OF BUSINESS DISPUTE SETTLEMENT THROUGH ARBITRATION AND GENERAL JUSTICE IN STOCK OWNERSHIP

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Edi Prayitno ◽  
Martin Roestamy
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
District Court ◽  
Court Decisions ◽  
Legal Research ◽  
Actual Case ◽  
Arbitration Clause ◽  
Investment Agreement

This Thesis was written based on the result of legal research that analyzes conflict of business dispute resolution between arbitration and litigation in accordance with the applicable regulation and court decisions which have acquired permanent legal force. The method used in this legal research is normative legal methods. The study of literature as a basis of the research and according to Law Number 30 Years 1999 about Arbitration and Alternative Dispute Resolution, in Article 3 and Article 11 of the Law have expressively stated that District Court does not have the authority to adjudicate disputes between the parties that bound by the arbitration agreement. The result of this legal research is that arbitration clause as stated in business investment agreement that should be absolute competencies to resolve the dispute, but the Decision of District Court Judges which have been strengthened by Supreme Court of Indonesia expressively stated that the court has the authority to check and adjudicate the dispute even it has arbitration clause or arbitration agreement with the reason that the dispute is a tort and there are another parties beside the party who sign the Investment Agreement, in the suit. The court attitude that adjudicate the dispute with arbitration clause lead to conflict of competency and never ending adjudication process of business dispute. From the actual case that researcher has been analyzes, researcher suggest that Supreme Court of Indonesia as the highest judicial body must respect arbitration body by rejecting all of the civil cases that have arbitration clause on its agreement. Law Number 48 Years 2009 about Judicial Power stated that non-litigation dispute resolution is conducted through arbitration or alternative dispute resolution. Based on pacta sun servanda and choice of forum principles on the agreement binding to the parties and must be obeyed by the parties.KeyWord : : Arbitration Clause, Pacta Sun Servanda Principle, Business.

scholarly journals Custody Transfers of Children and Young Adults in Foster Care

Genealogy ◽  
2021 ◽  
Vol 5 (3) ◽  
pp. 80
Author(s):  
Helen Blomé ◽  
Majen Espvall
Keyword(s):  
Foster Care ◽  
Critical Discourse Analysis ◽  
Social Services ◽  
District Court ◽  
Court Decisions ◽  
High Profile ◽  
Biological Parents ◽  
Children And Young Adults ◽  
The Stability ◽  
Children’S Voices

The high-profile case of “Little Heart”, a 3-year-old girl who, shortly after being reunited with her biological parents, was found dead in her home, has contributed to strengthening the rights of children placed in foster care in Sweden. However, the stability of children placed in foster care is not a new issue. In the last decade, the number of custody transfers has more than doubled. In this study, critical discourse analysis was used to study which discourses on children’s needs and parental rights had guided 89 district court decisions. The results show that custody transfer takes place at a younger age and is still based on an adult perspective, and children’s voices and wishes are often overlooked. The dominant discourses in the submissions of the social services, as well as in the district court decisions, are about continuity, connection, and security, concepts and formulations that are replicated from the preparatory work for the legislation. This study demonstrates the need for expertise and reflection in custody investigations into how questions are asked and how the responses are conveyed, as well as the need to intensify and strengthen the work of making children involved and heard in accordance with the aims of the Children’s Convention.

scholarly journals Penghargaan Hak Berpendapat Anak di Pengadilan: Studi Kasus di Pengadilan Negeri Semarang

2018 ◽  
Vol 13 (2) ◽  
pp. 237
Author(s):  
Rika Saraswati ◽  
V Hadiyono
Keyword(s):  
Child Protection ◽  
Child Custody ◽  
Field Research ◽  
Children's Rights ◽  
District Court ◽  
Court Decisions ◽  
The Law ◽  
Witness Statements ◽  
The Right ◽  
Main Factor

The right of children to be heard are guaranteed by the Child Protection Act in Indonesia. This is very principle as the main factor for judges to make decisions regarding disputes over child custody. The purpose of this study is to examine the implementation of laws in Indonesia that regulate children's rights to be heard in court. Data was taken by conducting documentary research and field research by collecting several decisions from the District Court of Semarang and interviewing the judges who handled this matter. This research shows that children are rarely asked for their opinions in the courtroom; Their opinions are only considered information, not as witness statements. As a result, their opinions and expectations have no effect on court decisions. The study also shows that the law in Indonesia has regulated the obligation of judges to listen to the opinions of children in court, but judges never consider it.

scholarly journals Sexual Violence against Wife Based on Law No. 23 of 2004 Concerning Elimination of Violence in Households and Islamic Law (Analysis of the Decisions of the Bangil, Denpasar and Medan District Courts)

2021 ◽  
Vol 3 (1) ◽  
pp. 124-134
Author(s):  
Masdoki
Keyword(s):  
Qualitative Research ◽  
Sexual Violence ◽  
Islamic Law ◽  
Court Decision ◽  
District Court ◽  
Comparative Approach ◽  
Court Decisions ◽  
District Courts ◽  
Sexual Relations ◽  
Court Judge

This study aims to determine what forms of sexual violence against wives are based on Law no. 23 of 2004 and Islamic Law. To find out what forms of sexual violence against wives in the decision of the Bangil District Court No. 912/Pid/B/2011/PN.Bgl, Denpasar District Court Decision No.89/Pid.Sus/2014/PN.Dps and Medan District Court Decision No.264/Pid.Sus/2018/PN Mdn. To find out what were the basis for the judge's consideration in giving a decision at the Bangil District Court, the Denpasar District Court decision, and the Medan District Court decision regarding sexual violence against wives. Qualitative research was conducted with a revelatory approach, a statute approach, a case approach and a comparative approach. The results of this study indicate that: (1) forms of sexual violence against wives based on Law no. 23 of 2004 and Islamic Law is any act in the form of coercion of sexual relations, in an inappropriate and/or inappropriate manner, forcing sexual relations with other people for commercial purposes and/or for specific purposes. (2) the forms of sexual violence against wives in the decisions of the Bangil District Court, Denpasar District Court decisions and Medan. (3) The consideration of the Bangil District Court judge.

scholarly journals If You Can't Beat 'Em, Join 'Em? How Sitting by Designation Affects Judicial Behavior

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Judicial Behavior ◽  
Reversal Rate ◽  
District Court ◽  
Court Judge ◽  
Prior Patent ◽  
Federal Circuit ◽  
Do So

Judges, lawyers, and scholars have long decried the high reversal ratedistrict judges face in patent cases. Many have suggested greater districtcourt specialization as a solution, and Congress in 2011 enactedlegislation to promote such specialization. In this paper, we investigatethe impact of a novel measure of experience – whether a district courtjudge has sat by designation on a Federal Circuit panel in a patent claimconstruction appeal – on the likelihood a district judge’s subsequent claimconstructions are reversed. Before sitting by designation, judges who laterdo so actually have a slightly higher claim construction reversal rate thanjudges who never do so. After sitting by designation, the reversal rate ofdistrict court judges on subsequent claim construction appeals decreases by50 percent. This decrease is not fully explained by other measures ofexperience, including the number of prior patent cases or years on thebench. Nor is it fully explained by the timing of the appeal, theparticular district court judge or various other characteristics of thepatents, the parties and the litigation. Our results suggest a simple wayto reduce the reversal rate in patent and perhaps other sorts of cases.However, our evidence suggests this increased agreement is due to increasedFederal Circuit trust in the decisions of individual judges who have sat bydesignation and not increased district judge understanding of claimconstruction.

scholarly journals Returning the Name of Certificate of Property Right based on Judge Decision in the Regency Indragiri Hulu, Riau Province

2021 ◽  
Vol 8 (8) ◽  
pp. 263
Author(s):  
Hendra Roza ◽  
Kurnia Warman ◽  
Muhammad Hasbi
Keyword(s):  
Competent Authority ◽  
Land Rights ◽  
Court Decision ◽  
District Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Transactions

In order to support land registration in accordance with the rule of law, it is necessary to take legal action that can be useful for people who want to transfer names to land transactions such as buying and selling grants and others, so as to provide legal certainty in society, and the names of people. which has obtained land can be listed in the certificate, one of the changes in the name of the land certificate can occur due to a court decision, where the applicant can request the court to order the Land Office to change the name of the applicant, therefore it is necessary to see how the mechanism of transfer of name is court ruling. In this study, the formulation of the problem is formulated, namely: 1. How is the process of changing the name of the certificate of title to land based on the judge's decision in the Indragiri Hulu district, Riau province, case study number: 42/Pdt.G/2017/PN.Rgt? 2. What is the Mechanism of Registering Land Rights Based on the Judge's Court Decision? The theory used in this research is the theory of legal certainty and the theory of authority. The method used in this thesis is a normative juridical approach, the data sources are primary, secondary and tertiary legal materials. The results of the research obtained are that the procedure for the transfer of title to ownership certificates 42/Pdt.G/2017/PN.Rgt at the Land Agency Office of Indradiri Regency, namely: takes 20 days. The mechanism for registering land rights based on court decisions, in this case district court decisions, is more casuistic in nature and depends on the court's decision itself. The interpretation of the competent authority is needed in making decisions regarding the determination of procedures (Issuance, Transfer and/or cancellation of rights) and the legal basis used (PP No. 24 of 1997 or Regulation of the Head of BPN No. 3 of 2011) to carry out land registration based on the court's decision , while the registration of land rights based on the Decision of the State Administrative Court is simpler and more focused than the registration of land based on the Decision of the District Court (Civil).

scholarly journals PERKEMBANGAN PEMBUKTIAN PADA PUTUSAN VERSTEK: STUDI KASUS DI PENGADILAN NEGERI SLEMAN DAN KOTA YOGYAKARTA

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Elisabeth Sundari ◽  
Nindry Sulistya Widiastiani
Keyword(s):  
Research Result ◽  
Burden Of Proof ◽  
Secondary Data ◽  
Reasonable Doubt ◽  
District Court ◽  
Court Decisions ◽  
Legal Research ◽  
In The Beginning ◽  
Court Process

Article 25 of HIR provides that in case the defendant does not appear at court process (verstek), the claim will be accepted unless it is unreasonable and against the rights. In the beginning, that article was interpreted that in case the defendant doesn’t  appear at court process (verstek), the plaintiff shall not obeyed to proof his claim. How is the development of that previous interpretation? Normative legal research has been conducted to redress that issue. The data were collected from secondary data resources from Sleman and Yogyakarta District Court decisions concerning the burden of proof  in verstek recently,  and being  analized  qualitatively. The research result shows that there is a development in  interpretating Article 125 HIR, where the judges burdened the plaintiff to proof his claim. That interpretation development supports the strive to get the truth beyond reasonable doubt, to meet a fair decision,  as good as to avoid fraud claim, and haphazard decision.

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