28 U.S.C.A. § 1331 § 1331. Federal question Currentness Fiscal Sponsorships

CASES ARISING UNDER CONSTITUTION OF UNITED STATES ---- Substantial constitutional issue, relationship between claim and constitutional issue, cases arising under constitution of United States Medicare provider had no right to judicial review of reimbursement decision made by provider appeals committee that was established by the fiscal intermediary where the provider did not present a substantial constitutional claim and where it did not question the legality of regulations established by the intermediary or by the Government but only challenged the methods and decision of its own intermediary. U.S. v. Bellevue Hospital, Inc., D.C.Mass.1979, 479 F.Supp. 780. Health 556(1)

CASES ARISING UNDER LAWS OF UNITED STATES ---- Substantial question, relationship between federal law and claim, cases arising under laws of United States Determination of non-profit environmental organization's removed breach of fiduciary duty claim against its sponsor, brought under District of Columbia law, which alleged sponsor was entrusted to manage money received from United States...

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45 Cal.4th 467 Supreme Court Of California Episcopal Church Cases

Synopsis

Background: Bishop of diocese and member of local parish church that voted against disaffiliation filed lawsuit against rector and members of board of church that disaffiliated, to recover church property. National church successfully sought leave to intervene and filed its own complaint in intervention. The Superior Court, Orange County, JCCP No. 4392, David C. Velasquez, J., granted defendants' anti-strategic lawsuit against public participation (SLAPP) motion to strike and demurrer to complaint in intervention. Appeals were taken and consolidated. The Court of Appeal reversed. The Supreme Court granted review, superseding the opinion of the Court of Appeal.orest Service (USFS) [4] a general church can create a trust interest for itself in local church property by issuing a rule declaring that such a trust exists, if its governing instruments so provide, disapproving California–Nevada Annual Conf. of the United Methodist Church v. St. Luke's United Methodist Church, 121 Cal.App.4th 754, 17 Cal.Rptr.3d 442;...

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The Homicide Witness and Victimization; PTSD in Civilian Populations: A Literature Review

People who wit ness th e murder of an individual, whether a family member or acquaintance, often experience their loss as a psychic trauma. This describe trauma is revealed by the symptom complex defined in the DSM-IlI-R as post-traumatic stress disorder (PTSD). Children, in particular, frequently suffer from debilitating grief, which hinders their emotional and cognitive development. This grief may masquerade as a learning disability, hyperactivity, or an attention deficit disorder. Witnessing murder and being victimized (i.e , rape incest , and physical abuse) are equivalent experiences in their potential for generating massive intrapsychic conflict. Being poor is a predisposing factor which puts some groups at risk more than others. Further, the lack of therapeutic interventions enhances the likelihood of symptomatology and the perpetuation of intergenerational transmission. Few case reports have bee n written on the homicide witnesses' vulnerability to PTSD...

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Violent Crimes Making a Federal Case out of a Death Investigation

I. Introduction

How do you respond, as an Assistant United States Attorney, when an agent walks into your office and says, "I've got an investigation involving a death. Can that be a federal offense?" What establishes federal jurisdiction over a death case? After all, "[m]urder . . . is a quintessential example of a crime traditionally considered within the States' fundamental police powers." United States v. Drury, 344 F.3d 1089, 1101 (11th Cir. 2003). Must the death be a "murder" to constitute a federal offense? What evidentiary issues arise in these cases? What are the sentencing implications? This article is intended to provide answers to some of these questions. It is designed to arm you with some basic information so when that agent enters your office with a case involving a death, you will at least have a working knowledge of the subject matter sufficient to identify the issues and begin to...

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The Problem of Bank Robbery

Bank robberies are relatively uncommon: only about 2 of every 100 robberies are of a bank.1 Although violence is rare, employees and customers are at some risk of injury.† If nothing else, being victimized can be terrifying. In addition, bank robberies can invoke fear in the community at large, as most are well-covered by the media. And in fact, a distinctive bank robbery such as the fatal 1998 shoot-out between police and two bank robbers armed with assault weapons in Los Angeles can influence public images of crime for many years.

Injuries occur in about 2 percent of bank robberies in the United State s and in 6 percent of robberies in Australia (Maguire and Pastore, 1997; Pastore and Maguire, 2005; Borzycki, 2003). A death occurs in about 30 percent of U.S. bank robberies (Pastore and Maguire, 2005).

Because of the...

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Forensics and Critical Thinking

An article in a recent issue of the Wall Street Journal questioned whether forensics courses belong in the elementary and high school curricula.1 Teachers and forensics professionals are promoting the subject because it exemplifies the kind of evidence-based, objective investigation that permeates science. It also captures the attention of students weaned on TV crime stories. Burlington, NC-based Carolina Biological Supply Co. is helping out with several forensics packages, including kits on DNA fingerprinting and one called 'Caught By A Kiss.' But, the article asks, is there a down side? Could blood and gore desensitize kids to crime, making them more prone to act violently in their schools and communities?

Forensics has always been a media favorite. I seldom missed an episode of the old TV series Quincy, starring Jack Klugman as a troublesome medical examiner who always solved the crime. Years later, novelist Patricia Cornwell lionized another ME,...

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The Social Readjustment Rating Scale An Inventory of Common Stressors

Interpretation

Interpretation of the overall score is difficult because of the large differences in each person's ability to cope and their particular reactions to stress, but here are some general guidelines. A total of 150 or less is good, suggesting a low level of stress in your life and a low probability of developing a stress-related disorder. If your score is 300 or more, statistically you stand an almost 80% chance of getting sick in the near future. If your score is 150 to 299, the chances are about 50%. At less than 150, about 30%. This scale seems to suggest that change in ones life requires an effort to adapt and then an effort to regain stability.

About the Scale The scale is based on the observation that important life changes, whether positive such as marriage or negative, such as death of a close friend all induce stress. Thomas Holmes and Richard Rahe...

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Men Create the Demand; Women Are the Supply

Control and Abuse of Women and Girls’ Sexuality

The control and abuse of women and girls’ sexuality creates and maintains women’s oppression all over the world. Men hold the important decision making positions in all social, political and religious institutions that organize and control society. Through this institutional power, men construct culture, pass laws, and enact policies that serve their interests and give themselves the power to control women and children in public and private spheres. Men’s definition and control of female sexuality constructs and regulates women and girls’ sexual activity. Voluntary, as well as involuntary, violations of society’s man-made rules mark women as tainted and immoral, and bring dishonor to the family. Repression and Exploitation--Complementary Forms of Control and Abuse Repression and exploitation are different, but complementary, forms of control and abuse of female sexuality. Women and girls’ sexuality is repressed by strict control on sexual activity through such customs as female genital mutilation,

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Crime and Demography: Multiple Linkages, Reciprocal Relations

Abstract

Individual demographic characteristics and aggregate population processes are central to many theoretical perspectives and empirical models of criminal behavior. Recent research underscores the importance of criminal and deviant behavior for understanding the demography of the life course and macrolevel population processes. We review research that explores the multiple linkages and reciprocal relations between criminal and demographic behavior at both microsocial and macrosocial levels. In reviewing research on how demography affects crime, we describe current debates over the impact of age, sex, and race on criminal behavior, and we distinguish between compositional and contextual effects of demographic structure on aggregate crime rates. Our review of how crime affects demography focuses on the intersection of criminal and demographic events in the life course, and the influence of criminal victimization and aggregate crime rates on residential mobility, migration, and population redistribution. Directions for future research on the many linkages between criminal and demographic behavior are discussed....

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The Media As An Investigative Resource In Murder Enquiries

Abstract

This article examines how the police seek to use the media in an instrumental fashion, as an investigative resource in murder enquiries. The majority of murders are comparatively easy for the police to solve. There are however, a small number of particularly serious and difficult to solve murders and it is during investigations into these types of crime that the police may employ a range of tactics to use the media as part of their wider investigative strategy. A discussion of police media strategies is provided and decisions about their strategic deployment are linked to the structural concerns of the police and media organizations....

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A Review of Weapon Choice in Violent and Sexual Crime

Introduction

Weapon use in sexual and violent offences is a key consideration for police agencies and governments alike (Home Office, 2011). For the current paper, a weapon is defined as “an object used to cause or threaten injury to another”. Prevalence data pertaining to weapon enabled crime exists for England and Wales through Home Office statistical releases utilising both public survey and police statistics. For example, in the year ending March 2012, 51 per cent of attempted murders, 22 per cent of robberies, and one percent of rapes involved a knife or sharp instrument (ONS, 2012). Prevalence data is collected in many countries (Catalano, 2005; Home Office, 2011; Australian Bureau of Statistics, 2004) and is valuable for understanding trends, developing policies or preventative strategies and the like. However, it reveals little on the motivations or whether weapon type has the ability to differentiate between offenders. The question at hand is...

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BLOOD ATONEMENT | Polygamy, Death Penalties And Mormon History

Of all the practices in Mormons past, none is so condemning as the pre-1990 Mormon-Masonic temple death penalties and those slaughtered in its practice.

First, I have asked my loved ones to please do not "love me so much as to shed my blood" - temple style. You see I am looking forward to the party room on the lower level! I will find solace, peace and happiness there! 🙂 That is my choice, or so I must explain to Mormon dumb members. However, for those in denial, one can see the blood atonement practice right on the BYU web-site (the last few paragraphs on this page):

This is called "blood atonement" as from pre-1990 temple death penalties, and was practiced literally in the early church under Brigham Young (not just an iron fist - but a sharp knife) as mentioned here in this speech by Brigham Young, a direct reference to

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Facing Rejection: New Relationships, Broken Relationships, Shame, And Stalking.

Abstract

This study provides a preliminary examination of the relationship among shame-proneness, emotions, and persistent, unwanted courting or pursuit behaviour. A total of 222 undergraduates completed a questionnaire measuring responses to the termination of a relationship or the declining of a date. The Test of Self-Conscious Affect was used to measure shame. Although shame was unrelated to types of intrusive behaviour, individuals who engaged more repetitively in covert pursuit tended to ruminate more over their love interest than did those who rarely engaged in such behaviour. Rumination was positively correlated with shame. Self-harm behaviours and harm toward others were associated with feelings of sadness and depression, and those who engaged more often in harm toward others also reported feelings of anger and jealousy. Conclusions are made regarding the function of shame and other emotions in intrusive behaviour and their potential relevance to treatment of stalkers....

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Aspects of Morbid Jealousy

Jealousy is a common, complex, ‘normal’ emotion. The Oxford English Dictionary defines the word jealous as ‘feeling or showing resentment towards a person one thinks of as a rival’. This definition indicates that it is the belief in the presence of rivalry that is the key issue, and that whether or not such a rivalry truly exists is less important. Jealousy within a sexual relationship has clear advantages in evolutionary terms: behaviour that ensures the absolute sole possession of a partner allows the propagation of one’s own genes at the expense of those of a true rival (Daly et al, 1982). However, when the belief in rivalry is mistaken, much time and effort may be wasted in attempting to eliminate a false threat. Morbid jealousy describes a range of irrational thoughts and emotions, together with associated unacceptable or extreme behaviour, in which the dominant theme is a preoccupation with a partner’s sexual...

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Have You Had a Homicidal Fantasy Today?

Back in graduate school, Steve Lowry and I used to sit around on the campus mall discussing philosophical issues and visually overdosing on all the beautiful women walking by. At first glance, Steve and I appeared rather similar; we were both tall, long-haired, bell-bottomed white male graduate students in clinical psychology, we both loved to play the guitar, and we both enjoyed discussing topics like phenomenology and existentialism late into the night. But we actually came from radically different cultural backgrounds. Steve had grown up in an upper-middle-class suburb in Ohio and claimed he had never been in a fistfight in his life. Having grown up in a New York neighborhood with more than its fair share of lower-class Irish and Italian hooligans, I had a hard time believing him. There were periods during my childhood when I had a fight every day....

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Medical Terminology Coding Systems and Medicolegal Death Investigation Data: Searching for a Standardized Method of Electronic Coding at a Statewide Medical Examiner’s Office*

Abstract

Medical examiner and coroner reports are a rich source of data for epidemiologic research. To maximize the utility of this information, medicolegal death investigation data need to be electronically coded. In order to determine the best option for coding, we evaluated four different options (Current Procedural Terminology [CPT], International Classification of Disease [ICD] coding, Systematized Nomenclature of Medicine Clinical Terms [SNOMED CT], and an in-house system), then conducted internal and external needs assessments to determine which system best met the needs of a centralized, statewide medical examiner’s office. Although all four systems offer distinct advantages and disadvantages, SNOMED CT is the most accurate for coding pathologic diagnoses, with ICD-10 the best option for classifying the cause of death. For New Mexico’s Office of the Medical Investigator, the most feasible coding option is an upgrade of an in-house coding system, followed by linkage to ICD codes for cause of death from the New Mexico Bureau of...

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