The rule on sequestration (exclusion) of witnesses is designed to avoid fabrication and collusion and has traditional roots in the Old Testament. Special rules apply regarding expert witnesses and "support persons." The contours of such special rules are explored within the Federal Rules of Evidence, state rules of evidence, state appellate and supreme court decisions, and U.S. Supreme Court de...

Since the passage of the Canada Health Act in 1984 and its prohibition of extra-billing, there has been an extremely limited role for private health insurance in Canada as a mechanism to pay for medically necessary physician or hospital services. In the aftermath of the landmark Supreme Court decision Chaoulli v. Québec, this may change.

During the 40 years since the US Supreme Court decision in Doe versus Wade and Doe versus Bolton, restrictions on termination of pregnancy (TOP) were overturned nationwide. The use of TOP was much wider than predicted and a substantial fraction of reproductive age women in the U.S. have had one or more TOPs and that widespread uptake makes the downstream impact of any possible harms have broad ...

When a court concludes that an agency’s decision is erroneous, the ordinary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). Although the Supreme Court first articulated this ordinary remand rule in the 1940s and has rearticulated it repeatedly over the years, little work has been done to understand how the rule works in practice, m...

Embryo donation was one of the infertility treatment methods introduced to the Iranian legal system in 2003 (Act of Embryo Donation) and its by-law passed in 2005 after numerous discussions. Embryo donation is a new legal issue in Iran. No similar act has been previously legislated in the legal system; however, on the other hand, the importance of the judicial procedure in its execution cannot ...

OBJECTIVE To analyze, from the examination of decisions issued by Brazilian courts, how Evidence-Based Medicine was applied and if it led to well-founded decisions, searching the best scientific knowledge. METHODS The decisions made by the Federal Courts were searched, with no time limits, at the website of the Federal Court Council, using the expression "Evidence-Based Medicine". With regard...

Due to the lack of clear regulation procedure for registration land ownership on various grounds privatisation, Decree Cabinet Ministers Ukraine December 26, 1992, No. 15-92 “On privatisation plots” has become one most problematic legislative acts in Ukraine. That is why there was a need distinguish between two procedures plots: according above-mentioned and accordance with Land Code. The purpo...

In the past, litigation process in court was carried out manually from registration of cases to reading court’ decision. With promulgation Supreme Court Regulation No. 1 2019 concerning Administration Cases and Hearing Electronic Courts (PERMA 2019), paradigm regarding judiciary has shifted towards electronic justice. sense that cases, adjudication stage (trial court) decisions is electronicall...

The German Federal Administrative Court recently announced an order (finalized on January 20, 2014) on the neurobiological experiments on primate brains of Prof. Kreiter at the University of Bremen. With this order, a preceding court decision by the Higher Administrative Court of Bremen was established as final and absolute and the last glimmer of hope to end the suffering of the primates in Br...