Judicial Oversight Over the Interstate Placement of Foster Children: The Missing Element in Current Efforts to Reform the Interstate Compact on the Placement of Children (PDF - 301 KB) Sankaran (2009) Capital University Law Review, 38 Examines the role juvenile court judges play in making placement decisions for foster children, the need
for judicial oversight in ICPC placements, and how to incorporate more oversight without interfering with the sovereignty of States.
Madam Justice Corthorn comments in her decision that the reasoning behind the requirement for an oral hearing is that it allows
for judicial oversight where a formal action — and all the information that is provided to the court in that particular context (for example, the parties» pleadings)-- has not yet been commenced.
Most Canadian provinces provide
for judicial oversight of prenuptial agreements but the standard of judicial review varies from province to province For example: - Ontario's Family Law Act permits a court to set aside a prenuptial agreement or any portion thereof if a party failed to disclose significant assets or liabilities, if a party did not understand the nature or consequences of the contract, or otherwise, in accordance with the law of contract.
Access to justice does not, says the court, displace the need
for judicial oversight and restraint.
If a poorly performing public authority randomly stumbles on the right answer without process or reason, is there really no cause
for judicial oversight?
Not exact matches
«There is no independent
judicial oversight or authorization, nor a process
for effective independent review of technical capability notices and their requirements,» Privacy International noted.
He'll now be able to issue decrees which will be almost impossible
for parliament to overturn, while having
oversight on budgets,
judicial appointments and cabinet assignments.
Homeless charity Crisis raised concerns that the policy offered «the potential
for rogue landlords to perform illegal evictions, as there is no
judicial oversight of the eviction process».
Word spread Friday evening of a potential deal that could have also included ethics - related measures such as more
oversight of procurement procedures — a discussion sparked by the latest public corruption scandal that reached into the governor's inner circle — and a public financing system
for judicial campaigns.
He's also called
for direct
judicial oversight when police are investigated
for killings or felony assaults.
Judicial oversight is entirely absent, with the executive branch responsible
for nominating members of the ISC and authorising surveillance warrants.
Despite the courts having played an integral role in serving as a check against states not acting in the interests of all students
for nearly four decades, Sessions» campaign against
judicial oversight of legislative actions prevented the judiciary from resolving inequities in the Alabama education system.54
While under
judicial oversight, conditions within the facility and its school drastically improved, with the help of Principal Tyrone Casby, who had previously overseen an alternative school and was known
for his work with troubled youth.
For example, probate ensures
judicial oversight of the will and the distribution of assets.
Automatic
judicial oversight of the arrangements
for holding people in administrative detention
For example, the AG suggests that the EU legislature should have provided a more precise description than «serious crime» [126] or subjected access to the data to
oversight by
judicial authorities or an independent body [127].
At first sight, the subject matter of Case C - 658 / 11 may seem an unlikely setting
for a
judicial showdown on democratic
oversight in a polity such as the EU.
Instead, the impression one gets, especially from Lord Reid's speech, is that there is now a list of nullifying errors, a list of reasons
for judicial intervention in respect of unlawful administrative decisions, with no area of administrative action walled off from
judicial oversight.
A lone dissenting judge in Goodwin warned
for the need of greater
judicial oversight in order to protect the public's right against unreasonable seizure, and Mackey says that too is a welcome compromise when it comes to curtailing impaired driving.
Seven years after
judicial inquiry recommendations, calls
for independent
oversight of border police renewed, Toronto Star
Afterwards, a state
judicial elections
oversight committee was formed to advise those running
for judgeships on ethics and honesty in political campaigns.
Walker says political leadership, internal procedures, media
oversight, and public pressure are all necessary to ensure civil liberties, but that
judicial oversight is extremely important as well, and that Scalia misused his scholarship to imply that Walker supports a diminishing role
for the courts.
Consistent with these earlier reports, the Commission strongly favoured statutory appeals over
judicial review as a simpler mechanism
for legal
oversight that can be calibrated to address the particularities of statutory tribunal decisions, and recommended that legislation contain a right of appeal on questions of law (and in certain instances on questions of fact) to the courts from the exercise of statutory power with only a few exceptions.
As in the NPRM, the final rule does not establish any new administrative or
judicial process prior to disclosure
for health
oversight, nor does it prohibit covered entities from making any disclosures
for health
oversight that are otherwise required by law.
Comment: Many commenters suggested we prohibit disclosure of psychotherapy notes without authorization
for uses and disclosures under proposed § 164.510 of the NPRM, or that protections should be extended to particular uses and disclosures, such as disclosures
for public health, law enforcement, health
oversight, and
judicial and administrative proceedings.
Moreover, doctrinal entrenchment is particularly problematic in the FISA courts, where secrecy and institutional context indicate that outside efforts at doctrinal reform are less likely to be effective than they are with courts that publish their opinions.35 Unlike published opinions, secret opinions can not provoke the public into lobbying
for a legislative override36 or
judicial overruling37 — two important paths of legal reform.38 Perhaps to hedge against the risks of limited external
oversight, FISA limits FISC and Court of Review judges to non-renewable, seven - year terms, 39 a provision suggesting that Congress envisioned a FISA court whose membership would be responsive to shifting factual circumstances and policy priorities.40 Stare decisis, which requires judges to adhere to interpretations of law that they might otherwise reject as unjust or unpersuasive, constrains these judges» ability to adapt to such factual and policy shifts.
Comment: A few commenters sought clarification about the interaction between permissible disclosures
for judicial and administrative proceedings, law enforcement, and health
oversight.
The new § 164.512 includes paragraphs on: Uses and disclosures required by law; uses and disclosures
for public health activities; disclosures about victims of abuse, neglect, or domestic violence; uses and disclosures
for health
oversight activities; disclosures
for judicial and administrative proceedings; disclosures
for law enforcement purposes; uses and disclosures about decedents; uses and disclosures
for cadaveric donation of organs, eyes, or tissues; uses and disclosures
for research purposes; uses and disclosures to avert a serious threat to health or safety (which we had called «emergency circumstances» in the NPRM); uses and disclosures
for specialized government functions (referred to as «specialized classes» in the NPRM); and disclosures to comply with workers» compensation laws.
These include
judicial oversight for surveillance carried out by public authorities, requiring government departments to produce an independent and publicly available privacy impact assessment before introducing any new data collection scheme, and allowing the information commissioner to inspect private as well as public sector organisations.
Mr. Washington argues that the statute allows law enforcement officers to seize and hold vehicles based on an officer's probable cause determination
for up to six months without
judicial oversight and without allowing individuals the opportunity to challenge that seizure and deprivation — in other words without a post-seizure, pre-forfeiture hearing.
Qwest Government Services, LLC DBA Century Link Government Fairfax • VA 1999 — 2011 Account Consultant: (2008 — 2011) Job Title (2003 — 2008) Senior Operations Technician (1999 — 2003) Provided Account
oversight and support
for numerous Federal Agencies in Legislative,
Judicial and Defense utilizing extensive experience and knowledge of with IP telephony, and MPLS topology.
The paperless arrest laws are being challenged in the High Court the grounds
for which are that the new laws lack
judicial oversight and places too much power in the hands of police.