Americans with Disabilities Act (ADA) accessibility guidelines for buildings and facilities. Architectural and Transportation Barriers Compliance Board. Final guidelines

The Architectural and Transportation Barriers Compliance Board is issuing final guidelines to assist the Department of Justice to establish accessibility standards for new construction and alterations in places of public accommodation and commercial facilities, as required by title III the Americans with Disabilities Act (ADA) of 1990. The guidelines will ensure that newly constructed and altered portions of buildings and facilities covered by title III of the ADA are readily accessible to and usable by individuals with disabilities in terms of architecture and design, and communication. The Department of Justice has proposed to adopt the guidelines as the accessibility standards for new construction and alterations in places of public accommodation and commercial facilities for purposes of title III of the ADA.     

Minimum guidelines and requirements for accessible design--Architectural and Transportation Barriers Compliance Board. Final rule

The Architectural and Transportation Barriers Compliance Board hereby revises its "Minimum Guidelines and Requirements for Accessible Design" (guidelines and requirements). These revisions respond to concerns registered by certain Board members and to issues raised in comments submitted during the rulemaking process. The purpose of the revisions is to make the guidelines and requirements more cost effective and consistent with Federal and nationally recognized standards while still providing ready access and use. The guidelines and requirements, as revised, will provide a basis for consistent and improved accessibility standards to be issued under the Architectural Barriers Act by the General Services Administration, the Department of Housing and Urban Development, the Department of Defense, and the United States Postal Service. For clarity, the guidelines and requirements are published in their entirety with the revisions incorporated.     

Minimum guidelines and requirements for accessible design--Architectural and Transportation Barriers Compliance Board. Proposed rule

The Architectural and Transportation Barriers Compliance Board proposes to rescind the minimum guidelines and requirements for standards for accessibility and usability of federal and federally-funded buildings and facilities by physically handicapped persons, adopted on January 6, 1981. The Board seeks public comments on which parts of the January 6 rule should be retained, which parts should be deleted, and which should be modified to formulate alternative ways for the Board to carry out its responsibility to establish such guidelines and requirements.     

National standards to prevent, detect, and respond to prison rape. Final rule; request for comment on specific issue

The Department of Justice (Department) is issuing a final rule adopting national standards to prevent, detect, and respond to prison rape, as required by the Prison Rape Elimination Act of 2003 (PREA). In addition, the Department is requesting comment on one issue relating to staffing in juvenile facilities. Further discussion of the final rule is found in the Executive Summary.     

A Ten‐year Study of Suicides from a Rural/Suburban County

This study will discuss trends in suicide data compiled over 10 years in Dutchess County, NY, from 2004 to 2013. These data were based on reporting and examination standards recommended by the National Association of Medical Examiners and Department of Justice death investigation standards. Almost 300 cases were analyzed in terms of the deceased's gender, age, race, method of suicide, and weapon used. Results from this study agree with other reports showing significant differences for method of death both in terms of age and gender, with men more likely to choose firearms and women more likely to choose overdose. Furthermore, older persons were more likely to commit suicide by firearms, and the younger persons were more likely to commit suicide by overdose. However, other areas, such as method of suicide, differ from national statistics.     

The ADA at three years: a statute in flux

In the three years since the Americans with Disabilities Act (ADA) was enacted, significant developments have occurred in the form of new administrative and judicial interpretations of the Act. The new guidelines and decisions will assist employers in complying with the ambiguous, and sometimes confusing, provisions of the ADA. Recent developments in areas such as the definition of a disability and the permissibility of medical inquiries, along with continuing developments in the areas of mental disabilities and defining reasonable accommodations, give employers insight into the obligations created by the ADA. These developments are a good starting point to understanding the ADA, but there is still a long way to go. This article surveys the recent developments in the law and examines the considerations that have become important to the Equal Employment Opportunity Commission and the courts in interpreting the ADA's provisions.     

Enforcing Desegregation: A Case Study of Federal District Court Power and Social Change in Macon County Alabama

This case study of Lee v. Macon County Board of Education demonstrates that a federal district court in Alabama, enforcing Brown v. Board of Education, brought about significant social change despite constraints on the courts. The court's application of Brown played a decisive role in ending the racial caste system in this Alabama Black Belt county. The court, by adding the U.S. Department of Justice as a party, overcame constraints that had precluded the executive branch from pursuing school desegregation. Change came through the courts before Congress legislated against school segregation. Seekers of social change must evaluate the constraints on the courts relative to the constraints on the other branches and levels of government.     

Sacje’s role and function: A membership survey

The Southern Association of Criminal Justice Educators (SACJE) is a regional professional organization which was developed to improve professionalism in criminal justice. In recent years the organization seemed to loose its focus and was having membership and budgetary problems. The authors, in an attempt to understand the feelings of members and former members, surveyed current and prior members of SACJE. The results of the survey are presented with recommendations for action by the SACJE Executive Board. Several areas of consensus were evident. The membership wants SACJE to continue to exist. The role of the organization is to promote better criminal justice education and to disseminate new criminal justice information. The membership wants annual meetings and the Southern Journal of Criminal Justice published twice yearly. They also want voting by mail on all major issues and elections. All other voting should be conducted at a business meeting on the second day of a three day annual meeting.     

晚清中央司法机关的近代转型

晚清进行的司法改革首先从中央司法机关法部与大理院的转型开始。中央司法机关既要对自身机构进行改造 ,以适应新的职能的需要 ;也要调整好部院之间的关系 ,以实现司法独立。这一转型过程十分艰难 ,尤其是部院关系的协调颇费周折。通过部院转型这一视角可以透视司法改革的行动者对于改革全局的影响 ,展现中国司法制度近代化的生动侧面。     

THE DETERMINATION OF ANTITRUST LIABILITY IN UNITED STATES v. MICROSOFT: THE EMPIRICAL EVIDENCE THE DEPARTMENT OF JUSTICE USED TO PROVE ITS CASE

This paper considers the empirical evidence used by the Departmentof Justice in the U.S. v. Microsoft antitrust case to provethat Microsoft engaged in exclusionary (and anticompetitive)actions in the browser market as part of its efforts to maintainits dominance of the personal computer operating system market.This evidence deserves special consideration because the DistrictCourt made the unusual decision to rely on the empirical evidencepresented by the Department of Justice rather than the empiricalevidence presented by Microsoft. This decision was unusual becauseMicrosoft's evidence had a strong presumption of validity asit was based on data that Microsoft collected and used in theordinary course of its business. Furthermore, no market participantsused the Department of Justice-sponsored data in any meaningfulway. Although it is impossible to determine with any certaintywhy the District Court ruled the way it did, I conclude thatthere were two driving forces in the court's decision. The Departmentof Justice identified serious flaws in Microsoft's data, makingit unreliable for the purposes for which Microsoft was usingit in the trial. The Department of Justice was also able toshow that no such flaws affected the data it sponsored and indeed,on many points, that data was more consistent with the testimonyof Microsoft executives than the data sponsored by Microsoft.     

Performance of functions; claims for compensation under the Energy Employees Occupational Illness Compensation Program Act. Interim final rule; request for comments

This document contains the interim final regulations governing the administration of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (EEOICPA or Act) by the Department of Labor (Department or DOL). Part B of the Act provides uniform lump-sum payments and medical benefits to covered employees and, where applicable, to survivors of such employees, of the Department of Energy (DOE), its predecessor agencies and certain of its vendors, contractors and subcontractors. Part B of the Act also provides smaller uniform lump-sum payments and medical benefits to individuals found eligible by the Department of Justice (DOJ) for benefits under section 5 of the Radiation Exposure Compensation Act (RECA) and, where applicable, to their survivors. Part E of the Act provides variable lump-sum payments (based on a worker's permanent impairment and/or years of established wage-loss) and medical benefits for covered DOE contractor employees and, where applicable, provides variable lump-sum payments to survivors of such employees (based on a worker's death due to a covered illness and any years of established wage-loss). Part E of the Act also provides these same payments and benefits to uranium miners, millers and ore transporters covered by section 5 of the RECA and, where applicable, to survivors of such employees. The Office of Workers' Compensation Programs (OWCP) administers the adjudication of claims and the payment of benefits under EEOICPA, with the Department of Health and Human Services (HHS) estimating the amounts of radiation received by employees alleged to have sustained cancer as a result of such exposure and establishing guidelines to be followed by OWCP in determining whether such cancers are at least as likely as not related to employment. Both DOE and DOJ are responsible for notifying potential claimants and for submitting evidence necessary for OWCP's adjudication of claims under EEOICPA.     

Sound and Fury: Pretextual Prosecution and Department of Justice Antiterrorism Efforts

Using Justice Department antiterrorism efforts as a case study, this article expands upon existing theories of pretextual prosecution by distinguishing a law enforcement system that employs a pretextual strategy from one that employs what I term technical or disingenuous prosecutions. Contrary to Justice Department claims, the data suggest that since September 2001, federal investigators continually have referred a large number of specious antiterrorism matters to federal prosecutors. The data further suggest that federal prosecutors are more likely to be engaging in technical or disingenuous prosecutions than pretextual prosecutions.     

The Changing Face of Corporate Liability – New Hard Law and the Increasing Influence of Soft Law

The first frameworks defining standards of human rights protection specifically for business enterprises were non-binding “soft law” like the UN Guiding Principles on Business and Human Rights. In recent times, a “hardening” of corporate human rights law has taken place. Several acts of “hard law” have been implemented at a national and EU level. This article provides an overview of the most important ones. The “hard law” provisions differ in their scope: some obligate companies to report on human rights, others stipulate concrete obligations to conduct human rights due diligence. Another way of tackling the issue of human rights compliance has been demonstrated by the prosecution of companies in the United States. While procedural guidelines abstractly stipulate an effective compliance system to be a mitigating factor, the US Department of Justice regularly defines concrete compliance obligations in deferred or non-prosecution agreements. This development could lead to comprehensive liability for negligence due to organisational and monitoring deficiencies. But who defines the standards? This article examines how the changing practice of human rights compliance may have “feedback effects” on hard law, particularly by changing the scale of negligence. Regarding the lack of effectiveness of some due diligence measures, especially in the “certification industry”, it is then asked how legislation may proactively exert influence by defining effective CSR instruments necessary to prevent civil and criminal liability. Using the example of German law, a proposal is made to implement an obligation of human rights due diligence in “hard law” and, simultaneously, set up an independent expert commission that drafts guidelines specifying the necessary measures for different kinds of companies.     

Comparing Justice and Labor Department lawyers: ten years of occupational safety and health litigation

Federal regulatory programs are strongly influenced by the outcome of litigation seeking to challenge or to enforce those programs. Competition exists between the Department of Justice and numerous federal agencies for control of that litigation. This article proposes several measures for comparing litigation conducted by the Justice Department with that done by the agency whose program is being-litigated. It then uses case data to compare the Justice Department's and the Labor Department's handling of litigation under the Occupational Safety and Health Act from 1972 through 1980. The findings show relatively little difference attributable to the identity of the litigator in the types or numbers of cases brought, the appeal rates, or the success rates. This suggests that further research, including other measures of difference, are needed to discern whether who controls the litigation matters as much as theory predicts it might and the lawyers involved believe it does.     

Health and Human Services policy for protection of human subjects research--HHS. Final rule

The Department of Health and Human Services (HHS) is amending its Human Subjects Protection regulations to rescind the provision requiring prior review and advice from an Ethical Advisory Board for research applications and proposals involving in vitro fertilization (IVF) of human ova as a prerequisite to funding by HHS and its components. The provision was nullified by the National Institutes of Health Revitalization Act of 1993. The regulations are being amended to reflect this statutory nullification. Institutional Review Board (IRB) review and approval of applications and proposals involving in vitro fertilization (IVF) of human ova continues to be required in accordance with other provisions of the Human Subjects Protection regulations. Furthermore, the Secretary may still exercise the option of seeking advice from an Ethical Advisory Board on ethical issues, including IVF, raised by research applications and proposals.     

WILLIAM H. REHNQUIST AWARD FOR JUDICIAL EXCELLENCE ADDRESS

The William H. Rehnquist Award is one of the most celebrated judicial honors in the country. It is given each year to a state court judge who demonstrates the “highest level of judicial excellence, integrity, fairness, and professional ethics.” The 2008 recipient, Jonathan Lippman, was recently appointed and confirmed as Chief Judge of the State of New York. Chief Judge Lippman was previously the Presiding Justice of the Appellate Division of the First Judicial Department of the New York State Supreme Court. He was appointed New York's Chief Administrative Judge by Chief Judge Judith S. Kaye and served from January 1996 to May 2007 and was responsible for the operation of a court system with a $2.4 billion budget, 1300 state‐paid judges, 2300 town and village judges, and 16,000 nonjudicial personnel. Among his numerous professional activities, Chief Judge Lippman served as president of the Conference of State Court Administrators from 2005 to 2006 and was the vice‐chair of the National Center for State Courts from 2005 to 2006, where he was a member of the Board of Directors from 2003 to 2007. During his tenure, Chief Judge Lippman has been the recipient of numerous awards and recognitions, including the 2006 Fund For Modern Courts Cyrus R. Vance Tribute for Vision, Integrity and Dedication to the Fair Administration of Justice Personified by Cyrus R. Vance (November 27, 2006); the New York County Lawyers’ Association Conspicuous Service Award in Recognition of Many Years of Outstanding Public Service (September 28, 2006); and the Award for Excellence in Public Service of the New York State Bar Association's Committee on Attorneys in Public Service (January 24, 2006). Chief Judge Lippman received a Bachelor of Arts in Government and International Relations from New York University, Washington Square College, where he graduated cum laude in 1965. He also received his J.D. from New York University in 1968. Below is the speech he delivered after accepting the William H. Rehnquist Award from U.S. Supreme Court Chief Justice John G. Roberts.     

Once more with ‘sympathy’ but no resolution for intended mothers: the EU,Ireland and the surrogacy dilemma

This article examines the decision of the Court of Justice of the European Union (CJEU) in Z v A Government Department and the Board of Management of a Community School and the court’s interpretation of existing EU legislation on whether commissioning or intended mothers are entitled to paid leave equivalent to maternity benefit. It highlights the failure of the CJEU in this case to call for specific EU legislation on the issue of surrogacy. The Irish Courts have been more proactive in this regard. The Supreme Court has acknowledged that ‘pending the introduction … of legislation dealing with this field, it is … not for the courts to attempt to resolve the complex questions that need to be addressed’. This article compares recent decisions of the Irish Courts to that of the CJEU as they struggle to keep abreast with modern society in the absence of legislation at national and EU level.     

Finding hidden value through mixed-methodology: Lessons From the Discovery Program’s Holistic Approach to Truancy Abatement

Policy makers often bemoan the shortcomings and inefficiency of youth development and similar social work programs whose effectiveness cannot be demonstrated by quantifiable performance indicators. This study argues, through illustration of the Odyssey Learning Center’s Discovery Program (an alternative school serving rural Southern youth in an abject poverty context), that program value can only be evidenced through a mixed-methodological evaluation design. Reasons precluding traditional statistical analysis and effectiveness determinations are discussed and alternative conceptualizations of program value are considered. This research was funded from Federal Grant Number 2002-JE-FX-0034 from the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention through the South Carolina Department of Public Safety, Office of Justice Programs. Points of view or opinions stated are those of the researchers and do not necessarily represent the opinion or official position of the United States Department of Justice or the South Carolina Department of Public Safety.     

Beware the razorwire: Psychology behind bars

Nearly 2 million people are incarcerated in federal, state and local correctional facilities in this country. Individuals with serious mental disorders increasingly fill these ranks. The roles psychologists and other mental health professionals adopt while working with this population can become an issue of silent consternation. As a point of departure, some (e.g., Levinson, 1985) have suggested that psychologists rightly function as institutional mediators of conflict, a virtual Marcus Welby of the collective correctional “psyche”. In practice, it is not uncommon for some clinicians to retreat from this approach and do little, or conversely, march in one hundred directions at once. The authors suggest that as psychology service delivery has matured in the past few decades this latter, well-intentioned but unrealistic position should be reconsidered. We suggest that greater depth and definition in the area of forensic psychology, coupled with recently developed ethical and professional standards of care, may serve to guide the clinician when providing services “behind bars”. Authors' Note: The views expressed in this article are solely those of the authors and may not reflect the opinions of the United States Department of Justice, Federal Bureau of Prisons, Texas Department of Criminal Justice, other state or local criminal justice agencies, or the University of Texas at Austin.     

Delegations of authority/claims for cost of medical care and services--Department of Veterans Affairs. Final regulations

The Department of Veterans Affairs (VA) has amended VA regulations to increase the settlement and waiver authority delegated to officials within the Office of the General Counsel and District Counsels. This change follows increased authority delegated by the Department of Justice to heads of departments and agencies of the United States.