Fear of lack of adequate medical care not well-founded fear of persecution

The Federal Court-Trial Division refused to set aside the Immigration and Refugee Board's (IRB) decision that a refugee claimant was not a Convention refugee because she had not proven a well-founded fear of persecution based on her HIV status or AIDS diagnosis. The court emphasized that the fear of a lack of adequate medical treatment, without a clear link to a ground under the United Nations Convention relating to the Status of Refugees, does not constitute a well-founded fear of persecution.     

Fear of persecution not adequate to claim refugee status

In Delgadillo v Canada, the Federal Court of Canada upheld an Immigration and Refugee Board (IRB) decision to refuse refugee status to a Mexican gay male refugee claimant because he had an Internal Flight Alternative (IFA). Although the court reached this conclusion, it nevertheless agreed that Mr Delgadillo had a legitimate fear of persecution. As well, the court made an important finding--that people in Mexico who are living with HIV/AIDS do not have an IFA.     

Poisoned social climate, collective responsibility, and the abuse at Abu Ghraib--Or, the establishment of "rule that is lack of rule"

The authors draw upon the experiences of one of the co-authors as an expert witness in sociology for mitigation at three of the courts-martial pertaining to the abuse at Abu Ghraib that were held at Ft. Hood, Texas in the year 2005 (for Javal Davis, Sabrina Harman, and Lynndie England). In addition, this paper is based upon the thousands of pages of affidavits, testimony, and U.S. Government reports concerning Abu Ghraib. These internal government reports, as well as the Levin-McCain report, point to collective responsibility and the responsibility of individuals high in the chain of command for establishing unlawful techniques. We review the shortcomings of a purely psychological approach for understanding the abuse, and turn to Durkheim's original understanding of anomie as a state of social derangement or rule by lack of rule to introduce the ideas of the social origins of and social responsibility for the abuse. We conclude with sociological suggestions for reforming some of the legal, medical, psychiatric, and other professional complicity in the abuse at Abu Ghraib.     

Expertise,Experience, and Ideology on Specialized Courts: The Case of the Court of Appeals for the Federal Circuit

What roles do prior expertise and accumulated experience play in shaping ideologically consistent voting on a specialized court? Using a dataset of obviousness patent cases from the Court of Appeals for the Federal Circuit spanning 1997–2007, we show that prior expertise enhances the influence of ideology on judicial decisionmaking, but that accumulated experience does not. In addition, we build on previous work and show that ideology is a factor in decisionmaking in technical areas of law, contrary to the received wisdom on patent cases.     

Authority to treat: a comparative look at the jurisdiction,practice and procedure of the Supreme Court of Victoria,Children's Court of Victoria and Family Court of Australia in medical matters

The medical treatment of children is a crucial interface of law and medicine. The problems in this emotive area of law are compounded by the current state of the law in Australia which is uncertain and fractured. It is the purpose of this article to examine the jurisdictions of the various courts that stand competent to order that a child undergo medical treatment in circumstances where the child's parents/guardian refuse to provide consent to such treatment. The problems associated with the present system are identified and proposals for the reform of the current system offered.     

历史、程序、组织——美国联邦上诉法院制度之分析

美国联邦上诉法院是最成功的上诉法院制度范例之一.本文通过历史的、程序的以及组织的三种视角对其展开分析,揭示其特殊的历史成因,以及内在程序与组织结构在案件负荷不断增长的外部压力下,如何进行调整,并维持法律审的基本功能和价值不变.     

US Judge: inadequate medical care for HIV-positive prisoners is a violation of rights

A federal judge in the United States has determined that Alabama prison officials violated HIV-positive prisoners' constitutional rights and that poor medical care caused HIV-positive prisoners to die early.     

Federal Old-Age, Survivors, and Disability Insurance; revised medical criteria for the determination of disability--Social Security Administration. Proposed rules

These proposed amendments revise the medical evaluation criteria for both the title II and title XVI disability programs. These criteria were last revised in 1979. The proposed revisions reflect advances in the medical treatment of some conditions and in the methods of evaluating certain impairments. These proposals will provide up-to-date medical criteria for use in the evaluation of disability claims.