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The Environmental Audit as a Tool for the Sustainable Development of the Amazonian Cities Submitted to the Jurisdiction of the Court of Accounts of the State of Rondônia.
The disorderly growth of cities and the increase of potentially polluting activities in the Amazon Region degrade the environment. In this scenario, the present research demonstrates the use of environmental auditing, carried out by the State of Rondônia State Audit Court, as a tool for the sustainable development of the Amazonian cities. Throughout the study, it can be observed that the environmental audit in question is the result of research in the field and a vast legal, doctrinal, jurisprudential and with reference to technical standards related to environmental matters and sustainable urban development. In this line, it is evident that environmental auditing is a mechanism for planning, monitoring and monitoring actions aimed at correcting environmental irregularities, whether in the scope of public bodies or companies, which adopt procedures potentially causing environmental impacts. At the end, it is concluded that the environmental audit is a tool that enables the Public Manager to formulate good practices and public policies for the achievement of sustainable development, as recommended in art. 225 of the Federal Constitution, in order to contribute to an ecologically balanced environment, in favor of present and future generations. The method is the inductive, by bibliographic and documentary research.
Key words: Environmental Audit, Sustainable Development, Court of Audit of the State of Rondônia.
Sustainable urban development, among other aspects, aims to recover environmentally degraded areas. In this context, this study seeks to analyze if the environmental audit is an adequate tool to guide and guide Municipal Managers, submitted to the jurisdiction of the State of Rondônia's Court of Accounts (TCE / RO), in adopting good practices and policies development of cities with sustainability.
Throughout the research, it is envisaged that the environmental audit contains a final product resulting from inspections carried out by the Auditors of the TCE / RO in several municipalities of the State of Rondônia, based on field inspections, in order to reveal concrete indicators to guide the Managers of the Amazonian municipality in the adoption of the best actions in the decision-making process aimed at directing the administrative management acts focused on environmental matters.
In the research area, the use of environmental auditing is also a guiding instrument of planning made available to Municipal Managers for the achievement of measures aimed at correcting irregularities present in the scope of the public bodies themselves, as well as to curb inappropriate practices by private companies (companies), which are potentially causing environmental impacts. From this point of view, environmental auditing is also seen as a guideline for public administration oversight actions with a focus on police power over private individuals. In addition, by its nature, environmental auditing has been shown to be a mechanism to monitor the implementation of measures to protect, preserve and conserve the environment.
Having said this, at the end of the study, it is possible to conclude that environmental auditing is a tool that enables Municipal Public Administrators to formulate good practices and public policies for the achievement of an ecologically balanced environment in favor of present and future generations, with compliance with the principle of sustainable development, in accordance with the provisions of No. 225 of the Federal Constitution.
THE ENVIRONMENTAL AUDIT AS A TOOL FOR SUSTAINABLE DEVELOPMENT OF THE AMAZON CITIES.
Historical Aspects of Jurisdiction and Competence of the Court of Auditors of the State of Rondônia (TCE / RO) to Perform Environmental Audits.
The TCE / RO was established by Decree-Law No. 47, dated January 31, 1983, and is inserted in art. 48 et seq. Of the Constitution of the State of Rondônia. And according to art. 4 of Supplementary Law No. 154, dated July 26, 1996, "the State Court of Accounts has its own and exclusive jurisdiction over the persons and matters within its jurisdiction throughout the State."
Then, through art. 2 of Complementary Law No. 467, of July 18, 2008, there was the creation of the Environmental Control Department within the General Secretariat of External Control of the TCE / RO. Subsequently, said department was transformed into the Environmental Control Board (DCA), in accordance with Annex I of Complementary Law 799, dated September 25, 2014.
In terms of the standards, it is possible to understand that the jurisdiction of the TCE / RO, for the development of environmental auditing works, covers the entire territory of the State of Rondônia, which justifies the legality and legitimacy of carrying out this procedure in the 52 (fifty-two) municipalities that make up that State.
In addition, the competence of the Court of Auditors to carry out environmental audits derives from art. 225, caput of the Federal Constitution, which states: "Everyone has the right to an ecologically balanced environment, a common use of the people and essential to a healthy quality of life, imposing on the Government and the community the duty to defend it, and preserve it for present and future generations. " Also, of the changes introduced by Law 12,349 of December 15, 2010, which – among many relevant innovations in legislation – rewrote art. 3 of Law No. 8,666, of July 21, 1993, with the insertion of the principle of Promotion of Sustainable National Development.
Based on these bases, it is that environmental auditing works have been developed by the TCE / RO DCA, including, in partnership with other public administration bodies – such as the Public Prosecutor's Office of the State of Rondônia (MP / RO), the Secretaries (SIPAM), and the Brazilian Institute for the Environment and Natural Renewable Resources (IBAMA) – with environmental auditing as its main goal.
Once these premises have been drawn up, the categories are: Environmental Audit and Sustainable Urban Development, in order to establish its Operational Concepts and the link between them, based on the constitutional and legal regulations, the doctrinal guidelines; as well as the case law of the Court of Justice of the European Communities on matters.
Origin and Concept of Environmental Audit.
Neto & Souza (2004, p.493) point out that environmental auditing emerged in the second half of the 1970s in the United States, in view of environmental accidents such as those of Bhopal (chemicals – in India) and Valdez (petroleum – in the USA) that, in a way, changed the scenario of the companies, going from reactive to proactive, on the environmental issue.
For these authors, the initial and main objective of environmental audits was to verify compliance with legislation. They were viewed by US companies as management tools used to identify early on the issues raised by their operations. These companies considered environmental auditing as a means of minimizing the costs involved in repairs, reorganizations, health, and claims. Then, audit practice began to be disseminated in countries such as the United Kingdom, Norway and Sweden, also influenced by American parent companies.
In Brazil, environmental auditing has emerged exorbitantly through the legislation of the 1990s. However, it was the Brazilian Association of Technical Norms – ABNT that first presented, in December 1996, a complete set of rules that, in fact, contain the principles, guidelines and salutary criteria for the development of audit work, among them : NBR ISO 14010, 14011 and 14012.
According to Sales (2001, p. 62), it is worth noting that the (…) "International Organization for Standardization (ISO) is an international federation of technical standardization organizations based in Switzerland". Brazil represented at ISO by ABNT. Furthermore, as explained by the author, ISO is certainly one of the most important international standardization bodies, with proliferation of environmental management and auditing standards, which make up the family of the serious NBR ISO 14000.
II – Environmental audit: a systematic and documented verification process, carried out to objectively obtain and evaluate evidence to determine whether specified environmental activities, events, management systems and environmental conditions or related information comply with the criteria established in this Resolution, and to communicate the results of this process.
The concept in question is adopted for the study in vogue, in order to define environmental auditing as a procedure that uses methods to evaluate and record, in a clear and objective way, the activities performed by companies and public organizations, periodically and with the greater aim of guiding the best way of applying the resources destined to the preservation and conservation of the environment, being this investigation carried out before, during and after the application of these resources.
In view of this conceptualization, it is also possible to understand that environmental auditing is an instrument to monitor the implementation of best practices and public policies for the protection, preservation and conservation of the environment, constituting a skillful mechanism to direct Municipal Managers in the process of to achieve these objectives.
According to Silva (1999), environmental auditing can be defined as: (…) "a methodical examination (through analysis, tests and confirmations) of local procedures and practices aimed at verifying that they meet legal requirements , internal policies and acceptable practices. " With this, it is understood that the audit in question is entirely linked to Environmental Law, seeking ways to better control companies and public agencies, not with the purpose of penalizing them, but making them aware of and seek, among themselves, environmental preservation solutions, creating a better internal policy of lower impacts on nature, arising from its actions.
Lastly, environmental audits are designed to provide parameters for directing public administrative acts, both for the achievement of measures aimed at correcting irregularities within the public entities themselves, and for curbing inappropriate practices by potentially affected establishments environmental impact.
Origin and Concept of Sustainable Urban Development.
For Malheiros (2014), the institutionalization of urban planning in the municipalities began in the 1970s, during which time the promotion of integrated development was sought, in a context of growth in the urbanization process. According to the author, urban planning, at the time, corresponded to the idealization of a desired city project. In this context, it is possible to glimpse that, from the 1970s, there was already a seed of the Integrated Cities Development Master Plan.
In this line, it is observed that the principle of sustainable development, even with implicit matrices, was already consolidating, having achieved significant advances in the 1980s with the implementation of the National Environmental Policy (PNMA), through Law 6.938 , of 31 of 1981 taste.
However, according to articles 182 and 225 of the Federal Constitution, in addition to the advent of the Statute of Cities (Law No. 10,257, dated July 10, 2001), Sustainable Urban Development will contain the importance due to the national scenario.
(…) constitutional principle that determines, with direct and immediate effectiveness, the responsibility of the State and of society for the solidary realization of material and immaterial development, socially inclusive, durable and equitable, environmentally clean, innovative, ethical and efficient, in order to to ensure, preferably in a preventive and cautious way, in the present and in the future, the right to well-being.
Given this conceptualization and focused on the field of this research, it is observed that the effort for the evolution of the Amazonian cities, with sustainability, runs through the joint action of the State and society. And, as a member of the State, TCE / RO can contribute to society by providing guidance, based on concrete elements, through the product of environmental auditing, which is able to subsidize the actions of Municipal Managers of Rondônia with measures that guarantee, in an efficient and effective way, the sustainable urban development, aiming at the well-being of the inhabitants of the city, as recommended in art. 182 of the Federal Constitution.
Normative, Jurisprudential and Doctrinal References for Sustainable Urban Development through Environmental Audit.
The integration of concepts of urban development and sustainability were set out in the set of principles, objectives and guidelines of articles 2, 4 and 5 of Law 6.938 / 81, which guide the preservation and recovery of environmental quality, aiming at socioeconomic development and especially to the protection of the dignity of human life.
Among the principles contained in art. Law No. 6,938 / 81, highlights the need for governmental action to maintain the ecological balance, considering the environment as a public asset to be necessarily assured and protected, in view of its collective use; rationalization of land use; planning and monitoring the use of environmental resources; the protection of ecosystems, with the preservation of representative areas; and, the control and zoning of activities potentially or effectively polluting.
Even the research in question can be understood by the reader as an integral part of the principle of environmental education at all levels of education, allowing greater knowledge about the way in which environmental auditing can be considered as a development tool of Amazonian cities under the jurisdiction of the TCE / RO.
In order to ensure effectiveness in the application of the highlighted principles, art. 4 of Law 6.938 / 81 listed what should be the objective of the National Environmental Policy, indicating guidelines for sustainable development, by predicting the need to reconcile economic and social demands with the preservation of the quality of the environment ecologically balanced.
Continuously, as mentioned, sustainable urban development solidifies in the Federal Constitution, in which the growth of cities must be associated with protection, conservation and environmental preservation, as proposed in Chapter II – Urban Policy, and Chapter VI – Environment. And, in fact, the provisions of articles 182 and 225 of the Federal Constitution are integrated towards the development of social functions of the city with sustainability, aiming to guarantee the well-being of the inhabitants and the ecologically balanced environment for present and future generations.
It should be noted that urban policy – to be implemented by the municipality – has headquarters in the Master Plan, foreseen in the Statute of Cities, which aims to develop the social functions of the city, as a guarantee of the well-being of its inhabitants. Even internationally, such values have been broadly outlined in the World Charter on the Right to the City, which treats this right as fundamental to citizens, mainly based on the principles of sustainability, democracy, equity and social justice.
In this respect, the TCE / RO judgments, issued in an environmental audit process, describe the recommendations and / or determinations to be made to the Public Managers as was done in Decision 32/2013 – Full, Case No. 01749/11-TCE / RO ; in Judgment nº 17/2015 – 2nd Chamber, Case nº 03473/11-TCE / RO; and APL-TC 00329/16, Case No. 03110/09 -TCE / RO, which dealt with environmental audits carried out, respectively, in the Amazonian municipalities of Cacoal, Rolim de Moura and Alvorada do Oeste, all located in the State of Rondônia; and, in that capacity, subject to the jurisdiction of that court.
q) to promote in the municipal sphere, procedures aimed at collecting companies that work with chemical agents, an ecological awareness on the part of the entrepreneurs, in order to comply with the norms of the environmental legislation, thus creating a compromise between the managers of these companies forcing them to have products stored in safe places, using ecological tanks; [Grifos nossos].
In view of the recommendations presented in the transcript, it is possible to extract that environmental audits do indeed contain concrete indicators to guide the Municipal Managers of Rondônia towards the adoption of good practices and public policies aimed at the sustainable urban development of the Amazonian cities. In this sense, the feasibility of using environmental auditing as a mechanism for the sustainable development of Amazonian cities and promoting actions for the use of public spaces by the population is strengthened so that it has a full right to the city.
(…) check compliance with environmental regulations, prevent lawsuits and remedial actions, reduce risks of environmental impacts, improve team performance on environmental issues, improve operational and cost control of management systems. Thus, environmental auditing can become a powerful tool and a valuable contribution to the improvement of environmental management of the company, to environmental protection and consequent improvement of quality of life. (CAMPOS, & LERÍPIO, 2009, p.79).
At this juncture, it is evident that environmental auditing, since its emergence in 1970 within US companies, constitutes a management mechanism that can and should be used by Municipal Public Managers to identify the risks of environmental damage or urban spaces, thus making possible the prior diagnosis and correction of these problems.
In the present research, the jurisdiction and jurisdiction of the State of Rondônia Court of Audit (TCE / RO) was observed to act in the scope of Environmental Law, as well as the environmental audit – resulting from physical inspections carried out in several municipalities in the Rondônia territory – is an instrument capable of revealing concrete indicators to guide the managers of the Amazonian municipalities in the adoption of the best actions in the decision-making process for the achievement of administrative management actions in the area of sustainable urban development.
In addition to this, based on legislation, doctrine, jurisprudence and technical standards, environmental auditing was revealed as a directing mechanism for planning and oversight, whether by the Public Administration itself or by individuals, with a of Police, constituting a guideline for the continuous monitoring of the implementation of environmental measures and occupation of urban spaces with sustainability.
Given this, it is possible to conclude that, in the current scenario of environmental degradation and disordered occupation of the cities of the Amazon, submitted to the jurisdiction of the TCE / RO, environmental auditing is a reliable and concrete tool able to lead Municipal Managers in planning, monitoring and monitoring of actions and management acts for sustainable urban development, so as to enable the most appropriate decision-making when implementing public policies and practices to achieve an ecologically balanced environment in favor of present and future generations, in compliance with the dictates of art. 225 of the Federal Constitution.
BRAZILIAN ASSOCIATION OF TECHNICAL STANDARDS. ISO 14010: guidelines for environmental auditing: general principles. Rio de Janeiro: ABNT, 1996a.
ASSOCIAÇÃO BRASILEIRA DE NORMAS TÉCNICAS.NBR ISO 14011: guidelines for environmental auditing: standard of environmental management systems. Rio de Janeiro: ABNT, 1996b.
ASSOCIAÇÃO BRASILEIRA DE NORMAS TÉCNICAS.NBR ISO 14012: guidelines for environmental auditing: qualification criteria for environmental auditors. Rio de Janeiro: ABNT, 1996c.
BRAZIL. Constitution of the Federative Republic of Brazil. Promulgated on October 5, 1988. Available at: <http://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm>. Accessed on: Sep 09 2017.
BRAZIL. Law No. 10,257, of July 10, 2001. Regulates articles 182 and 183 of the Federal Constitution, establishes general directives of the urban policy and gives other measures. Brasília, 2001. Available at: <http://www.planalto.gov.br/ccivil_03/leis/LEIS_2001/L10257.htm>. Accessed on: Sep 11 2017.
BRAZIL. PNMA. Federal Law n. 6,938, dated August 31, 1981. Provides on the National Environmental Policy, its purposes and mechanisms of formulation and application, and other measures. Brasilia DF. Available at: <http://www.planalto.gov.br/ccivil_03/leis/L6938.htm>. Accessed on: Sep 09 2017.
BRAZIL. Law No. 8,666 of July 21, 1993. Regulates art. 37, item XXI, of the Federal Constitution, establishes rules for bids and contracts of the Public Administration and makes other provisions. Brasília, 1993. Available at: <http://www.planalto.gov.br/ccivil_03/leis/L8666cons.htm>. Accessed on: Sep 11 2017.
BRAZIL. Law no. 12,349, of December 15, 2010. It amends Laws 8,666 of June 21, 1993, 8,958 of December 20, 1994 and 10,973 of December 2, 2004; and repeals paragraph 1 of art. 2 of Law No. 11,273 of February 6, 2006. Brasília, 2010. Available at: <http://www.planalto.gov.br/ccivil_03/_Ato20072010/2010/Lei/L12349.htm#art1>. Accessed on: Sep 11 2017.
BRAZIL. CONAMA Resolution No. 306 of July 5, 2002. It establishes the minimum requirements and the term of reference for conducting environmental audits. Ministry of the Environment. Brasília, DF, September 19. 2002. Available at: <http://www.mma.gov.br/port/conama/legiabre.cfm?codlegi=306>. Accessed on: 08 Sep. 2017.
CAMPOS, Lucia Maria de Souza & LERÍPIO, Alexandre Ávila. Environmental Audit: a management tool. São Paulo: Atlas, 2009, p. 79.
CONFEA. World Charter for the Right to the City. Available at: <http://normativos.confea.org.br/downloads/anexo/1108-10.pdf>. Accessed on 24 Sep. 2017.
Freitas, Juarez. Sustainability: right to the future. 3. ed. Belo Horizonte: Forum, 2016, p. 43.
MALHEIROS, Denise Gonçalves Lima. Scientific article. Urban Development and Environment Legal Bases: a necessary integration. In: III National Seminar on the Treatment of Areas of Permanent Preservation in Urban Environment and Restrictions on Soil Parceling. UFPA. Belém, 2014. Available at: http://anpur.org.br/app-urbana-2014/anais/ARQUIVOS/GT3-216-74-20140523171549.pdf. Accessed on: Sep 09 2017.
NETO, Manoel Fernandes. [et al.]; SOUZA, Valdivino Crispim. Manual of Integrated Government Audit – 2nd ed. revised and updated. Porto Velho: TCE / RO, 2004, p. 493.
Page 1 Methodology of legal research: theory and practice. 12. ed. São Paulo: Editorial Concept, 2011.
RONDÔNIA. Constitution of the State of Rondônia, 1989. Updated Text until Constitutional Amendment No. 80/2012. Legislative Assembly State of Rondônia (ALE / RO). Porto Velho, 1989. Available at: <https://www2.senado.leg.br/bd << sf / bitstream / handle / id / 70438 / CE_Rondonia.pdf? Sequence = 14>. Accessed on: Sep 11 2017.
RONDÔNIA. Decree-Law no. 47, of January 31, 1983. Establishes the State Court of Accounts, and makes other provisions. Porto Velho, 1983. Available at: <http://ditel.casacivil.ro.gov.br/cotel/Livros/Files/DL47.doc.>. Accessed on: Sep 11 2017.
RONDÔNIA. Complementary Law No. 154 of July 26, 1996. It provides for the Organic Law of the Court of Auditors of the State of Rondônia, and provides other measures. Available at: <http://www.tce.ro.gov.br/tribunal/legislacao/arquivos/LeiComp-154-1996.pdf>. Accessed on: Sep 13 2017.
RONDÔNIA. Complementary Law No. 467 of July 18, 2008. Provides for alteration of the Administrative Structure of the General Secretariat of External Control of the Court of Accounts of the State of Rondônia and makes other provisions. Available at: <http://www.tce.ro.gov.br/tribunal/legislacao/arquivos/LeiComp-467-2008.pdf>. Accessed on: Sep 11 2017.
RONDÔNIA. Complementary Law No. 799, dated September 25, 2014. Amends Complementary Laws Nos. 154/96; 307/04; 658/12; 679/12; 764/14; 786/14 and Law no. 1.643 / 06 and other measures. Available at: <http://www.tce.ro.gov.br/tribunal/legislacao/arquivos/LeiComp-799-2014.pdf>. Accessed on: Sep 11 2017.
RONDÔNIA. Court of Audit of the State of Rondônia. Judgment APL-TC 00329/16. Rapporteur: Counselor Valdivino Crispim de Souza. Research of Jurisprudence. Available at: <https://pce.tce.ro.gov.br/tramita/pages/main.jsf>. Accessed on: Sep 11 2017.
SALES, Rodrigo. Environmental auditing and its legal aspects. São Paulo: LTr, 2001. P. 62.
SILVA, David Dantas. Masters dissertation. Analysis of Environmental Management in Urban Collective Transport Companies of the Municipality of Porto Velho. UFSC, 1999.
SOUZA de, Maria Cláudia da Silva Antunes; JACOBSEN, Gilson (Org.). Law, Urban Development and Environment. Itajaí: UNIVALI, 2016. P. 163. Available at: http://siaiapp28.univali.br/lstfree.aspx?type=ebook&id=4. Accessed on: 11 Sep. 2017.
 Master of the Graduate Program, Stricto Sensu, in Juridical Science (PPCJ) of the University of Vale do Itajaí (UNIVALI). Specialist in Constitutional and Administrative Law by the Faculty of Human Sciences, Exact and Letters of Rondônia (FARO). Master in Business Administration (MBA), in Strategic Management of People: Human Development of Managers by Fundação Getúlio Vargas (FGV). Lawyer, law degree by FARO. Legal Technical Advisor and External Control Auditor of the Court of Accounts of the State of Rondônia (TCE / RO), Porto Velho, Rondônia, Brazil.
 RONDÔNIA, Constitution of the State of Rondônia, 1989. Updated Text until Constitutional Amendment No. 80/2012. Legislative Assembly State of Rondônia (ALE / RO). Porto Velho, 1989. Available at: <https://www2.senado.leg.br/bd << sf / bitstream / handle / id / 70438 / CE_Rondonia.pdf? Sequence = 14>. Accessed on: Sep 11 2017.
 RONDÔNIA. Complementary Law No. 799, dated September 25, 2014. Amends Complementary Laws No. 154, of July 26, 1996; 307, of October 1, 2004; 658, of April 13, 2012; 679, August 22, 2012; 764, of April 1, 2014; 786, dated July 15, 2014 and Law no. 1,643, dated June 29, 2006 and makes other provisions. Available at: <http://www.tce.ro.gov.br/tribunal/legislacao/arquivos/LeiComp-799-2014.pdf>. Accessed on: Sep 11 2017.
 BRAZIL. Law no. 12,349, of December 15, 2010. It amends Laws 8,666 of June 21, 1993, 8,958 of December 20, 1994 and 10,973 of December 2, 2004; and repeals paragraph 1 of art. 2 of Law No. 11,273 of February 6, 2006. Brasília, 2010. Available at: <http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2010/Lei/L12349.htm#art1>. Accessed on: Sep 11 2017.
 BRAZILIAN ASSOCIATION OF TECHNICAL STANDARDS. ISO 14010: guidelines for environmental auditing: general principles. Rio de Janeiro: ABNT, 1996a. BRAZILIAN ASSOCIATION OF TECHNICAL STANDARDS. NBR ISO 14011: guidelines for environmental auditing: environmental management systems standard. Rio de Janeiro: ABNT, 1996b. BRAZILIAN ASSOCIATION OF TECHNICAL STANDARDS. NBR ISO 14012: guidelines for environmental auditing: qualification criteria for environmental auditors. Rio de Janeiro: ABNT, 1996c.
 Operational Concept – Legal Cop "is that established in normative legal command and, therefore, of mandatory adoption by the addressees of the norm". According to PASOLD, Cesar Luiz. Methodology of legal research: theory and practice. 12. ed. São Paulo: Editorial Concept, 2011, p.40.
 Operational Concept – Cop proposed by composition "is one that results from the elaboration of the Researcher, either by the use of the ideas of others … combined with those of the Researcher himself". As defined by PASOLD, Cesar Luiz. Methodology of legal research: theory and practice, cit. P. 37.
 BRAZIL. Law No. 10,257, of July 10, 2001. Regulates the articles. 182 and 183 of the Federal Constitution, establishes general guidelines for urban policy and provides other measures. Brasília, 2001. Available at: <http://www.planalto.gov.br/ccivil_03/leis/LEIS_2001/L10257.htm>. Accessed on: Sep 11 2017.
 Operational Concept – CPO proposed by adoption "that occurs when the Researcher uses as Cop that already elaborated by another author". According to PASOLD, Cesar Luiz. Methodology of legal research: theory and practice, cit.p.37.

matches:
art. 225
art. 48
art. 4
art. 2
art. 225
art. 3
art. 182
art. 4
art. 225
art. 37
art. 2
art. 2


TLJ Daily E-Mail Alert No. 1,913, March 16, 2009.
March 16, 2009, Alert No. 1,913.
3/10. The Department of Justice (DOJ) filed a criminal information in U.S. District Court (NDCal) that charges Hitachi Displays Ltd. with price fixing in violation of 15 U.S.C. § 1, in connection with its fixing prices of thin film transistor liquid crystal display panels sold to Dell.
The DOJ also announced in a release that "Hitachi Displays Ltd., agreed to plead guilty and pay a $31 million fine".
This is another in a series of cases involving LCD makers. See, stories titled "DOJ Brings and Settles Criminal Price Fixing Actions Against LCD Makers" in TLJ Daily E-Mail Alert No. 1,855, November 11, 2008, and "DOJ Obtains TFT-LCD Price Fixing Indictment" in TLJ Daily E-Mail Alert No. 1,890, February 3, 2009.
This information states that "From on or about April 1, 2001 to on or about March 31, 2004, defendant and its coconspirators entered into and engaged in a combination and conspiracy in the United States and elsewhere to suppress and eliminate competition by fixing the prices of thin-film transistor liquid crystal display panels (``TFT-LCD´´) sold to Dell Inc. or its subsidiaries (``Dell´´) for use in desktop monitors and notebook computers."
15 U.S.C. § 1, provides that "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court."
Scott Hammond, the acting Assistant Attorney General (AAG) in charge of the DOJ's Antitrust Division, stated in the DOJ's release that "Hitachi joins three other multinational companies who have admitted to their involvement in fixing prices for LCD panels sold to U.S. companies and that have already paid criminal fines totaling more than $585 million".
He added that "This case should send a strong message to multinational companies operating in the United States that when it comes to enforcing the U.S. antitrust laws we mean business."
Hammond is a caretaker AAG. President Obama has nominated Christine Varney to be the AAG for the Antitrust Division. The Senate Judiciary Committee (SJC) held a hearing on her nomination on March 10, 2009.
While political appointees of former President Bush and President Obama differ on some antitrust issues, both share a commitment to pursuing price fixing conspiracies as violations of U.S. antitrust laws.
See, related story in this issue titled "Senate Judiciary Committee Holds Varney Confirmation Hearing".
This case is US v. Hitachi, U.S. District Court for the Northern District of California, San Francisco Division, D.C. No. CR 09-0247 MHP.
3/10. The Senate Judiciary Committee (SJC) held a hearing for several of President Obama's nominees, including Christine Varney, to be Assistant Attorney General in charge of the Antitrust Division.
Varney wrote in her prepared testimony that "we must rebalance legal and economic theories in antitrust analysis and enforcement".
She also wrote that "we need renewed collaboration between the Antitrust Division and the FTC, whose policies and processes have unfortunately diverged too frequently in recent years. Policy disputes and jurisdictional squabbles between agencies with overlapping enforcement mandates lead to uncertainty for consumers, business, and for overseas' antitrust enforcers who look to the US for consistent guidance".
She also wrote that "we must continue our cooperation with worldwide antitrust authorities, discussing our differences with international enforcers respectfully and engaging with emerging antitrust regimes such as China and India as they implement new antitrust laws."
She used the phrase "protecting competition and thus consumers". The Supreme Court and recent Republican appointees have understood that the goal of antitrust law is to promote consumer welfare, and that the goal is not to protect competitors, which is sometimes the outcome of European antitrust actions.
Varney also stated that "I hope to build upon the broad bipartisan consensus that competition -- protected by the antitrust laws -- is essential. ... I will work diligently and act decisively to thwart those who would reduce competition and harm American consumers. I will work collaboratively with other antitrust enforcers in the US and overseas."
David Balto of the Center for American Progress argued in his prepared testimony that antitrust policy should change. He worked at the FTC during the Clinton administration, including as an advisor to former FTC Chairman Robert Pitofsky.
He wrote that in the Bush administration the Antitrust Division "embraced a minimalist course, largely trying to reduce the scope of enforcement and the use of antitrust in private litigation. This minimalist approach was based in significant part on the ``Chicago School´´ theory that antitrust enforcement more often makes mistakes and markets almost always lead to the best result."
He continued that "Over the past eight years, the Division brought no enforcement actions against dominant firms; went more than five years without bringing a merger challenge in federal court; adopted an amicus program that sought almost exclusively to narrow the scope of antitrust law; and adopted an unnecessarily adversarial attitude toward other enforcement officials, especially its sister antitrust agency, the FTC."
Balto said that "This has to change."
He also discussed "telecommunications". He wrote that "On the one hand, antitrust authorities have allowed a long series of mergers that resulted in the effective resurrection of the Ma Bell monopoly on a regional basis. At the same time the FCC’s implementation of the Telecommunications Act of 1996 has failed to open the local market to effective competition. On the other hand, the courts have said that the existence of regulation precludes claims of anticompetitive conduct."
He added that "intermodal competition has proven to be far less effective than head-to-head competition in disciplining market power".
He also criticized the Supreme Court's 2004 opinion in Verizon v. Trinko, 540 U.S. 398. See, story titled "Supreme Court Holds That There is No Sherman Act Claim in Verizon v. Trinko" in TLJ Daily E-Mail Alert No. 815, January 14, 2004.
3/13. The U.S. Court of Appeals (9thCir) issued its opinion [PDF] in FTC v. Stefanchik, a case regarding the Federal Trade Commission's (FTC) civil enforcement authority under Section 5 of the FTC Act and the Telemarketing Sales Rule (TSR).
Section 5 is codified at 15 U.S.C. § 45(a). It provides, in part, that "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful".
The FTC filed a civil complaint in U.S. District Court (NDCal) against John Stefanchik and others in connection with their marketing and sale of products associated with a get rich quick method -- buying and selling privately held mortgages.
The FTC presented as evidence results of a survey that showed that very few purchasers made money from this method. It argued that this Stefanchik program deceived consumers as to earning potential.
The District Court granted summary judgment to the FTC.
The Court of Appeals affirmed. It held that under Section 5 "Deception may be found based on the ``net impression´´ created by a representation", and that the FTC is "not required to show that all consumers were deceived". The Court of Appeals made a similar holding as to violation of the TSR.
This opinion also addresses the liability of individuals acting on behalf of a corporation.
The Court of Appeals also affirmed a restitution award of over $17 Million that was based upon the amount of sales.
This case is FTC v. John Stefanchik, et al., U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 07-35359, an appeal from the U.S. District Court for the Western District of Washington, D.C. No. C-04-1852-RSM, Judge Ricardo Martinez presiding. Judge Thomas Reavley (5thCir) wrote the opinion of the Court of Appeals, in which Judges Richard Tallman and Milan Smith joined.
3/13. President Obama announced his intent to nominate Tom Perez to be Assistant Attorney General (AAG) in charge of the Civil Rights Division (CRD). See, White House news office release.
Perez is currently the head of the state of Maryland's Department of Labor, Licensing and Regulation (DLLR). He worked in the CRD during the Clinton administration. He has also worked for Sen. Ted Kennedy (D-MA).
The CRD has responsibilities with respect to enforcement of the Americans with Disabilities Act (ADA). The CRD during the Clinton and Bush administrations largely evaded taking definitive positions or actions with respect to whether web site operators and software developers are regulated by the ADA.
Over the last three decades the President's CRD AAG selection has been one of the most controversial, although for reason unrelated to information technology.
3/13. The National Telecommunications and Information Administration (NTIA) issued a release [PDF] that provides further details about its upcoming series of hearings regarding the broadband grant programs created by HR 1 [LOC | WW], the huge spending bill enacted in February. These programs are also known as the Broadband Technology Opportunities Program (BTOP). The just issued release updates the notice in the Federal Register, March 12, 2009, Vol. 74, No. 47, at Pages 10716-10721.
3/13. The Federal Communications Commission (FCC) adopted and released an order [46 pages in PDF] titled "Third Report and Order and Order on Reconsideration" in its proceedings related to its attempts to plan consumers' and broadcasters' transition from analog to digital television. This item is FCC 09-19 in MB Docket Nos. 09-17, 07-148, 07-91, and 05-312.
3/12. The Securities and Exchange Commission (SEC) filed a civil complaint [PDF] in the U.S. District Court (CDCal) against Quest Software, and current and former officers, alleging violation of federal securities laws in connection with alleged backdating of stock options. The SEC also announced in a release that "Quest has agreed to settle the SEC's charges, and the three executives have agreed to pay more than $300,000 combined to settle the allegations against them". This case is SEC v. Quest Software, U.S. District Court for the Central District of California, D.C. No. SACV09-0315 AG MLGx.
The House will meet at 12:30 PM for morning hour, and at 2:00 PM for legislative business. The House will consider several non-technology related items under suspension of the rules. Votes will be postponed until 6:30 PM. See, Rep. Hoyer's schedule for week of March 16, and schedule for March 16.
The Senate will meet at 2:00 PM. It will resume consideration of the motion to proceed to HR 146 [LOC | WW], the vehicle for the omnibus lands bill.
9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in National Association of Broadcasters v. FCC, App. Ct. No. 08-1117. Judges Rogers, Garland and Brown will preside. See, FCC's brief [74 pages in PDF] states that the issues are "Whether the FCC's adoption of policies and rule changes to minimize unnecessary displacement of existing LPFM radio stations by new full-power FM stations or FM stations seeking license modifications is prohibited by the Radio Broadcasting Preservation Act", and "Whether these policies and rule changes are reasonable." Location: 333 Constitution Ave.
10:00 AM. The National Telecommunications and Information Administration (NTIA) and the Rural Utilities Service (RUS) will hold the first in a series of meetings regarding the broadband grant programs created by HR 1 [LOC | WW], the huge spending bill enacted in February, which programs are also known as the Broadband Technology Opportunities Program (BTOP). See, notice in the Federal Register, March 12, 2009, Vol. 74, No. 47, at Pages 10716-10721. Location: Department of Commerce, 1401 Constitution Ave., NW.
Day one of a two day conference hosted by the Federal Trade Commission (FTC), Asia-Pacific Economic Cooperation (APEC) forum and the Organisation for Economic Co-operation and Development (OECD) titled "Securing Personal Data in the Global Economy". See, FTC release and release, and agenda [PDF]. Location: FTC satellite building, 601 New Jersey Ave., NW.
Deadline to submit comments to the Office of the U.S. Trade Representative (OUSTR) regarding the OUSTR's complaint to the World Trade Organization (WTO) regarding certain measures offering grants, loans, and other incentives to enterprises in the People's Republic of China to implement an industrial policy of promoting the development of global Chinese brand names. See, notice in the February 17, 2009, Vol. 74, No. 30, at Pages 7494-7497.
The House will meet at 10:30 AM for morning hour, and at 12:00 NOON for legislative business. See, Rep. Hoyer's schedule for week of March 16.
8:00 AM. The Secure Enterprise Network Consortium (SEN-C) will host an event titled "Cyber Security Breakfast Event". The keynote speaker will be Rep. Jeff Miller (R-FL). See, notice. For more information, contact Dominique Rougeau at 312-607-1811. Location: 4th Estate Restaurant, National Press Club, 13th Floor, 529 14th St. NW.
10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a hearing titled "Interoperable Communications". Ths HAC will webcast this event. Location: Room 2359, Rayburn Building.
10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled "Stimulating the Economy through Trade: Examining the Role of Export Promotion". See, notice. Location: Room 2322, Rayburn Building.
The Senate Finance Committee (SFC) will hold a hearing titled "Update on Offshore Tax Evasion Legislation". Location: Room 215, Dirksen Building.
10:30 AM - 12:00 NOON. The American Enterprise Institute (AEI) will host panel discussion titled "Anchor Allies Adrift: Can the United States Depend on Japan and Great Britain?". The speakers will be Michael Auslin (AEI), Ted Bromund (Heritage Foundation), Thomas Donnelly (AEI), and Paul Wolfowitz (AEI). See, notice. Location: AEI, 1150 17th St., NW.
1:00 - 2:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "in silico: How IT is Changing Medical Research". The speakers will be Ken Buetow (National Cancer Institute's Center for Bioinformatics), Lynn Etheredge, and Nancy Johnson (Health IT Now Coalition). See, notice. Location: Room B-318, Rayburn Building.
Day two of a two day conference hosted by the Federal Trade Commission (FTC), Asia-Pacific Economic Cooperation (APEC) forum and the Organisation for Economic Co-operation and Development (OECD) titled "Securing Personal Data in the Global Economy". See, FTC release and release, and agenda [PDF]. Location: FTC satellite building, 601 New Jersey Ave., NW.
The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of March 16.
9:00 AM - 5:00 PM. Day one of a two day hearing of the Federal Trade Commission (FTC) titled "The Operation of IP Markets". At 9:00 - 10:30 AM there will be a panel titled "Universities and Entrepreneurs". At 10:45 AM - 12:15 PM, there will be a panel titled "IT and Electronics Industries". At 1:45 - 3:15 PM, there will be a panel titled "Manufacturing and Diversified Companies". At 3:30 - 5:00 PM, there will be a panel titled "Biotech and Pharmaceutical Industries". See, notice and agenda [PDF]. Location: FTC Conference Center, 601 New Jersey Ave., NW.
10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing on the nomination of Gary Locke to be Secretary of Commerce. Location: Room 253, Russell Building.
10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "The Need to Strengthen Forensic Science in the United States: The National Academy of Science's Report on a Path Forward". See, notice. Location: Room 226, Dirksen Building.
10:00 AM - 2:00 PM. The American Enterprise Institute (AEI) will host an event titled "Can Health IT Improve Medical Care?" There will be a panel discussion at 10:00 AM. The speakers will be Leah Binder (Leapfrog Group), Joseph Swedish (Trinity Health), Stephen Parente (University of Minnesota), Benjamin Sasse (University of Texas), and Joseph Antos (AEI). At 12:00 NOON, lunch will be served. The speaker will be David Snow (Medco). See, notice. Location: AEI, 1150 17th St., NW.
12:00 NOON - 1:30 PM. The Alliance for Public Technology (APT) will host an event titled "From Deployment to Employment: Broadband Challenges and Opportunities Surrounding Implementation of the Stimulus Package". The speakers will be Matt Chase (National Association of Development Organizations), Debbie Goldman (Communications Workers of America), and Raquel Noriega (Connected Nation). Location: 10th floor, 919 18th St., NW.
12:15 - 1:30 PM. The Federal Communications Bar Association (FCBA) will hold a closed brown bag lunch titled "Telecommunications Issues and Advocacy at Agencies Other than the FCC". For more information, contact Megan Stull at mstull at willkie dot com. Location: Willkie Farr & Gallagher, 1875 K St., NW.
6:30 - 8:30 PM. The Federal Communications Bar Association's (FCBA) Mass Media and Young Lawyers Committees will host an event titled "Happy Hour". For more information, contact Adam Thomas at wadamthomas at gmail dot com. Location: Lounge 201, 201 Massachusetts Ave., NE.
9:00 AM - 5:00 PM. Day two of a two day hearing of the Federal Trade Commission (FTC) titled "The Operation of IP Markets". At 9:30 - 11:30 AM, there will be a panel titled "Economic Perspectives on IP and Technology Markets". At 1:00 - 5:15 PM, there will be a panel titled "Fulfilling the Patent System's Public Notice Function". See, notice and agenda [PDF]. Location: FTC Conference Center, 601 New Jersey Ave., NW.
9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Intercollegiate Broadcasting System v. Copyright Royalty Board, App. Ct. No. 07-1123. Judges Sentelle, Rogers and Griffith will preside. Location: 333 Constitution Ave.
10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a hearing titled "Biometric Identification". Location: Room 2362-B, Rayburn Building.
10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Financial Services will hold a hearing titled "The Judiciary Budget". Location: Room 2220, Rayburn Building.
10:00 AM. The Senate Judiciary Committee (SJC) may hold an executive business meeting. The agenda includes consideration of the nomination of Dawn Johnson to be Assistant Attorney General in charge of the Office of Legal Counsel (OLC). It also includes consideration of S 515, the "Patent Reform Act of 2009". The SJC rarely follows is agendas. See, notice. Location: Room 226, Dirksen Building.
10:00 AM. The Senate Commerce Committee (SCC) will hold a hearing titled "Cybersecurity: Assessing Our Vulnerabilities and Developing an Effective Defense". See, notice. Location: Room 253, Russell Building.
10:00 AM. The National Telecommunications and Information Administration (NTIA) and the Rural Utilities Service (RUS) will hold the second in a series of four meetings regarding the broadband grant programs created by HR 1 [LOC | WW], the huge spending bill enacted in February, which programs are also known as the Broadband Technology Opportunities Program (BTOP). See, notice in the Federal Register, March 12, 2009, Vol. 74, No. 47, at Pages 10716-10721. Location: Department of Commerce, 1401 Constitution Ave., NW.
10:00 AM. The House Science Committee (HSC) will hold a hearing titled "Follow the Money: Accountability and Transparency in Recovery Act Science Funding". See, notice. Location: Room 2318, Rayburn Building.
2:00 - 6:00 PM. The Federal Communications Bar Association's (FCBA) Privacy and Data Security Committee and the American Bar Association's (ABA) Forum on Communications Law will host an event titled "4th Annual ABA/FCBA Privacy & Data Security for Communications and Media Companies CLE". For more information, contact Jenell Trigg at STrigg at lermansenter dot com or 202-416-1090) or Bryan Tramont at BTramont at wbklaw dot com or 202-383-3331. Registrations are due by 12:00 NOON on February 17. Location: Wiley Rein, 1776 K St., NW.
Rep. Hoyer's schedule for week of March 16 states that no votes are expected in the House.
12:15 - 1:45 PM. The Federal Communications Bar Association's (FCBA) Engineering and Technical Practice Committee will hold a brown bag lunch titled "Roundtable discussion with FCC and NTIA Technical Offices". The speakers will be Edward Davison (Deputy Chief of the NTIA's Office of Spectrum Management), Julius Knapp (Chief of the FCC's Office of Engineering and Technology), Karl Nebbia (Chief of the NTIA's OSM), and Ronald Repasi (Deputy Chief of the FCC's OET). For more information, contact Christy Hammond at 202-719-7365 or chammond at wileyrein dot com. Location: Wiley Rein, 10th floor, 1750 K St., NW.
1:00 - 2:30 PM. The Center for American Progress (CAP) will host a panel discussion titled "Opening Doors: Finding the Keys to Open Government". The speakers will be Ari Schwartz (Center for Democracy and Technology), Patrice McDermott, Dan Chenok, Katherine McFate, and Beth Noveck (New York law school). See, notice. Location: CAP, 10th floor, 1333 H St., NW.
Deadline to submit initial comments to the Federal Communications Commission (FCC) regarding competitive bidding procedures for Auction 79. This is proceeding is AU Docket No. 09-21 (122 FM broadcast construction permits). See, February 27, 2009, Public Notice (DA 09-422), and notice in the Federal Register, March 11, 2009, Vol. 74, No. 46, at Pages 10578-10581.
9:30 - 11:00 AM. The American Enterprise Institute (AEI) will host a panel discussion titled "Do or Die for the Doha Trade Talks". The speakers will be Claude Barfield (AEI), Aaditya Mattoo (World Bank), Christopher Padilla (C&M International), Robert Vastine (Coalition of Service Industries), and Philip Levy (AEI). See, notice. Location: AEI, 1150 17th St., NW.
9:30 AM - 1:30 PM. The New America Foundation (NAF) and the CTIA will host an event titled "The Wireless Future of Health IT". The speakers may include Craig Barrett (Intel), Thomas Kalil (Associate Director for Policy, White House Officer for Science and Technology Policy), Vince Kuraitis (Better Health Technologies), Max Stachura (Medical College of Georgia), Paul Meyer (Voxiva, Inc.), Douglas McClure (Center for Connected Health Care), Carolyn Brandon (CTIA), Julie Barnes (NAF), and Michael Calabrese (NAF). Lunch will be served. See, NAF notice. Location: Room G-106 Dirksen Building, Capitol Hill.
10:00 AM. The National Telecommunications and Information Administration (NTIA) and the Rural Utilities Service (RUS) will hold the third in a series of four meetings regarding the broadband grant programs created by HR 1 [LOC | WW], the huge spending bill enacted in February, which programs are also known as the Broadband Technology Opportunities Program (BTOP). See, notice in the Federal Register, March 12, 2009, Vol. 74, No. 47, at Pages 10716-10721. Location: Department of Commerce, 1401 Constitution Ave., NW.
12:00 NOON. The Cato Institute will host an event titled "Tax Havens Should be Celebrated, Not Persecuted". The speakers will be Daniel Mitchell, author of book [Amazon] titled "Global Tax Revolution: The Rise of Tax Competition and the Battle to Defend It", and Richard Rahn, a former member of the Cayman Islands Monetary Authority. See, notice. Location: Room B-340, Rayburn Building, Capitol Hill.


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Robert M. Andreoli ’51: Founder and Chairman of Victoria Creations.
Robert F. Arrigan ‘51: Judge of the Rhode Island Workers’ Compensation Court.
Ernest P. Baptista, Jr. ’68: President of Gencorp Insurance and Financial Services and chairman of La Salle Academy Board of Regents.
William R. Bisson ’42: President of Blackstone Valley Electric Company and Vice President of Eastern Utility Associates.
Robert H. Boffa ’71: Successful businessman and advocate for child welfare in the State of Alabama.
John P. Bourcier ’45: Justice of the Rhode Island Supreme Court.
Dennis Brennan ’67: Successful local businessman and assistant soccer coach at La Salle.
Louis W. Cappelli 1912: Lieutenant Governor of Rhode Island and Justice of the Rhode Island Supreme Court.
Rev. Msgr. William J. Carey ’36: Rector of the Cathedral of SS Peter and Paul.
S. Robert Chiappinelli ’58: Reporter for the Providence Journal.
Thomas J. Chisholm ’64: Business leader and founder of Viecore, Inc.
Stephen E. Cicilline ’59: Successful lawyer and community leader.
Louis A. “Lou” Cimini ’39: Devoted teacher in the Lasallian tradition and highly successful hockey coach at La Salle for 32 years. The stadium at La Salle is named for him.
Edward J. Collins ’53: Major in the Providence Police Department.
Philip J. Conley ’45: Major General of the United States Air Force. Fighter pilot and commander of the first space shuttle landing.
Leo M. Cooney, Jr. ’61: Professor of Geriatric Medicine at the Yale University School of Medicine and developer of the Resource Utilization Groups.
Brother A. Jerome Corrigan, FSC: Devoted teacher and administrator in the Lasallian tradition. Was Principal and then the first President of La Salle Academy, overseeing the change to a coeducational school, implementing the PEGASUS 7/8 program, and adding computer labs to the school and multimedia resources and technology to the library.
Kathleen A. “Kay” Corry ‘73H: Devoted executive secretary at La Salle Academy for 43 years. First continuously employed woman at La Salle Academy and an honorary graduate.
Rev. Msgr. John F. Cox ’28: Vicar General, Professor of Philosophy at Our Lady of Providence Seminary and pastor of St. Peter Church in Warwick, RI.
John P. “Jack” Cronin, AFSC: Devoted teacher in the Lasallian tradition and legendary coach of football, baseball and hockey at La Salle for 45 years. The athletic fields at La Salle are named for him. A painting of him hangs in the McLaughlin Athletic Center.
Vincent A. Cullen, Jr. ’51: Athletic director and basketball coach at the Community College of Rhode Island.
John J. Cummings ’40: CEO of Fleet Financial. Appointed a Knight Commander in the order of St. Gregory by Pope Paul VI. Founding chairman of La Salle Academy’s Advisory Board.
Rev. John F. Cunningham, OP ’45: President of Providence College.
Peter A. Curtin ’42: Devoted teacher in the Lasallian tradition and legendary track coach at La Salle Academy. The indoor track in the McLaughlin Athletic Center is dedicated to him.
Rev. Angelo D’Agostino, SJ ’43: Captain in the United Sates Air Force, Chief of Urology at Bolling Air Force Base. Founder of the Center for Psychiatry and Religion in Washington, D.C. Founder of Nyumbani (Swahili for “home”) a place that provides the best nutritional, medical, psycho-social and spiritual care to children afflicted with HIV/AIDs in Kenya, which has become a model for the whole continent of Africa.
Francis J. Darigan, Jr., ’60: Associate Justice of the Superior Court of Rhode Island.
Benedetto Defelice ’43: Distinguished career agent at the Central Intelligence Agency.
James F. Deffley ’44: Devoted teacher, role model and very successful football coach at East Providence High School.
Joseph P. Delaney ’35: Outstanding athlete at La Salle, educational leader in the Providence School System.
William V. Devine ’58: RI State Trooper and later Chief of Police of Town of North Providence.
Leo F. DiMaio Jr. ’47: Director of Special Programs for Talent Development at the University of Rhode Island.
Paul F. Donovan ’46: Devoted teacher and coach at Hope High School.
Francis E. “Duke” Ducharme ’57: Successful local businessman and owner of E. Turgeon Construction Company.
Camille L. “Red” Durand ’35: Successful athlete at La Salle and the College of the Holy Cross.
Raymond T. Dwyer ’42: Dedicated teacher and successful track coach at several Rhode Island high schools. Track coach at Rhode Island College.
Thomas Farrelly ’16: Native of Ireland and Director of Customs for 25 years in New York City.
Mr. Fogarty (far right) collaborated with his colleague, Senator Lister Hill of Alabama to cosponsor the Hill-Fogarty “Health for Peace” Bill which provided money for research and training on an international basis. They watch as President Kennedy signs the bill into law.
Brother Dominic Fontaine, FSC: Devoted teacher and administrator. Beloved by the alumni of La Salle for his tireless work as alumni director. The Alumni Center in the Brothers’ residence is named for him.
Roger A. Francoeur ’53: IRS agent for thirty years and Professor of Taxation at Bryant College.
Fred M. Gabrielle, Jr. ’51: Accomplished pediatrician, CEO of Saint Joseph’s Hospital in Connecticut, United States Army Doctor, Chief of Staff of the St. Francis Hospital and Medical Center.
Edward P. Gallogly ’36: Son of Irish immigrants who rose to become Lieutenant Governor of Rhode Island, U.S. Attorney for Rhode Island, and Chief Judge of the Rhode Island Family Court. A plaque dedicated to him hangs in the chapel in La Salle’s Campus Ministry Center. Brother of Lawrence P. Gallogly ’40.
Lawrence P. Gallogly, AFSC ’40: Son of Irish immigrants who rose to become a dedicated alumnus of La Salle Academy. A role model of generosity and selfless service to others. Brother of Edward P. Gallogly ’36.
Mark T. Gallogly ’75: Founder and manager of the investment firm Centerbridge Partners. Advisor to President Barack Obama on economic issues. Son of Edward Gallogly ’36.
William F. Garrahan ’46: Successful orthopedic surgeon. President of Kent County Hospital Medical Staff, the Kent County Medical Society, and the Rhode Island Orthopedic Society.
J. Joseph Garrahy ’48: Distinguished Catholic gentleman, devoted public servant and Governor of the State of Rhode Island.
Steven G. Gershkoff ’67: Successful Rhode Island businessman.
Anthony A. Giannini ’39: Justice of the Rhode Island Supreme Court.
James G. “Lou” Gorman ’47: Vice President and Director of Baseball Operations for the Boston Red Sox.
Rev. Joseph J. Guido, OP ’71: Highly regarded clinical psychologist. Vice President of Mission and Ministry at Providence College.
James G. Hagan ’54: Successful business and community leader.
Joseph P. Hasset ’73: Outstanding basketball player for La Salle Academy and Providence College. Played professionally for the Indiana Pacers, Dallas Mavericks, Golden State Warriors and the 1979 Seattle Sonics NBA championship team.
Edward V. Healey, Jr. ’39: Recipient of the Bronze Star for heroism in World War II and Senior Associate Justice of the Rhode Island Family Court. Nationally recognized jurist.
Felix Hebert 1893: First Native Canadian to serve in U.S. Senate.
Charles E. Hogan ’46: Devoted archivist of La Salle Academy, chairperson of multiple La Salle Academy fund drives. The authority on La Salle Academy history.
Neil J. Houston, Jr. ’63: Criminal justice reformer and philanthropist. Credited with the design of the first court-based mediation programs, day reporting centers, and services to incarcerated pregnant women in the United States.
Bernard A. Jackvony ’62: Lieutenant Governor of Rhode Island, Cochairman of the Anchor of Hope Fund for the Diocese of Providence.
Robert L. Jeffrey ’71: Chairman and CEO of JWT Worldwide, one of the oldest and best known advertising agencies in the world.
Most Rev. Bernard M. Kelly, DD ’36: Auxiliary Bishop of Providence.
Michael Kelly ’60: Successful businessman and Providence City Councilman. Founder of Kelly’s Car Wash.
Richard F. Kirby ’42: All-State basketball player at La Salle. Prominent attorney.
Louis A. “Lou” Lamoriello ’59: Director of Athletics at Providence College, CEO of the New Jersey Nets of the NBA, and President and General Manager of the New Jersey Devils of the NHL. Inducted in the U.S. Hockey Hall of Fame.
Armand P. Leco ’44: Executive Vice President of Coordinated Health Partners, Inc. Founding member of St. Gregory the Great Church, Warwick, RI.
Rev. Joseph L. Lennon, OP ’36: Faculty member of Providence College.
Stephen P. Lepre ’67: Founder and CEO of Lepre Physical Therapy.
Rev. Kenneth R. Letoile, OP ’65: Pastor of St. Pius V Church.
Most Rev. Paul S. Loverde, DD ’58: Bishop of the Diocese of Arlington, Virginia.
Thomas V. Lowery, AFSC ’37: Devoted teacher in the Lasallian tradition for 45 years and first lay administrator at La Salle Academy. Coeditor of A Book of Modern American Poetry.
Most Rev. Thomas F. Maloney, DD ’23: Auxiliary Bishop of Providence.
Raymond T. Mancini ’55: Successful businessman and noted philanthropist.
Anthony P. Marandola ’55: Successful local businessman.
Most Rev. Salvatore R. Matano, DD ’64: Bishop of Burlington, Vermont.
Robert F. Mazzeo ’55: Successful businessman. President of Calgreg Electronics and Cooliance.
Edward J. McElroy ’58: Teacher, union leader and president of the American Federation of Teachers.
Rev. John A. McGinn, MM ’23: Maryknoll missionary. Jailed in China for his beliefs in, and proselytizing of, the Catholic faith. Brother of Vincent McGinn ’27.
Vincent P. McGinn ’27: Devoted teacher in the Lasallian tradition for 45 years at La Salle Academy.
V. Paul McGinn ’61: One of the youngest men to be selected as a United States Administrative Law Judge.
J. Howard McGrath ’22: Governor of the State of Rhode Island, Solicitor General of the United States, Attorney General of the United States. The first Rhode Islander to hold a presidential cabinet post, he desegregated the Democratic National Party and was one of the greatest proponents of Civil Rights in his era.
John A. McIntyre ’36: All-American football player at the University of Notre Dame; World War II and Korean War flying ace; recipient of the Silver Star.
Robert J. McKenna ’49: Professor of Politics at Salve Regina University. Mayor of Newport, RI.
John McLaughlin ’45: Speechwriter to Presidents Nixon and Ford. Creator and host of “The McLaughlin Group” on PBS.
John J. McLaughlin ’30: Outstanding athlete at La Salle and the University of Notre Dame, Co-owner and founder of McLaughlin and Moran.
Walter F. McLaughlin ’57: Benefactor of La Salle Academy and the Christian Brothers. Founder of McLaughlin Automotive Stores. The McLaughlin Athletic Center is named in honor of him in recognition of his and his wife Wanda’s unwavering dedication and devotion to every student at La Salle.
Most Rev. Russell J. McVinney, DD ’16: First native Rhode Islander to become Bishop of Providence.
John R. Miele ’74: Prominent Rhode Island podiatrist.
Vincent W. Miley ’41: Active promoter of and participant in Christian Brothers’ activities.President of New England Telephone Company Pioneers. Community leader in Cranston, RI.
John E. Moran ’31: Co-owner and founder of McLaughlin and Moran. Established the John E. Moran Foundation to benefit Woonsocket’s Association of Retarded Citizens of Northern Rhode Island.
Thomas M. Mulvey ’60: Vice Chancellor for Student Services and Assistant Chancellor for Enrollment Management at University Massachusetts-Dartmouth.
John C. Myrick ’23: Chief of Surgery at St. Joseph Hospital.
Charles A. O’Connor, Jr. ’27: Superintendent of Schools for the City of Providence.
Edwin O’Connor ’35: Pulitzer Prize Winner for Edge of Sadness, author of The Last Hurrah, which was twice turned into a movie.
Steven G. O’Donnell ’78: Superintendent of the Rhode Island State Police. Lacrosse coach at La Salle Academy.
Rev. Joseph P. O’Gara ’19: Pastor of St. Luke Church in Barrington, RI.
Donald M. Panciera ’46: Professional football player and college coach. Successful local businessman. Quarterback of the 1945 “National Championship” football team.
Joseph H. Palmer: Orphaned at twelve years old, began working at La Salle in 1950 and became a dedicated teacher in the Lasallian tradition for 32 years. Along with his wife Margaret “My Peg,” came to view the La Salle community as his home.
Brother Albert Paul, FSC ’24: Executive Vice President of Manhattan College.
Brother Vincent Pelletier, FSC ’59: Devoted teacher in the Lasallian tradition who has spent his career teaching and ministering in Ethiopia.
Dennis J. Picard ’50: Chief Executive Officer of Raytheon Corporation.
Bernard T. Pina ’50: Devoted teacher and coach at several Rhode Island high schools and colleges. The first African-American head coach in the Rhode Island Interscholastic League.
Felix A. Porcaro, Jr. ’74: Successful local businessman.
Daniel A. Procaccini ’70: Justice of the Rhode Island Superior Court.
Brother Timothy Rapa, FSC: Devoted teacher and Principal at La Salle Academy. Brother Timothy’s dynamic personality and genuine concern for the well-being of each student earned for him the affection and admiration of many of his former students and the many alumni who knew him as Principal.
John J. Regan ’67: Nationally respected attorney and leader in Catholic education.
Peter C. Reilly 1885: Entrepreneur and businessman who oversaw the development of “2-vinylpridine,” which led to the widespread production of synthetic tires. Sponsor of scholarships for La Salle Academy students to the University of Notre Dame.
Dennis J. Roberts ’23: Mayor of Providence and Governor of the State of Rhode Island.
Wilfred V. Roberts ’20: Devoted teacher in the Lasallian tradition and remarkably influential band and orchestra director at La Salle Academy.
Joseph F. Rodgers, Jr. ’58: Chief Judge of the Superior Court of Rhode Island.
John H. Rollins ’57: Inner-city youth counselor, running backs coach for Brown University and City of Providence Councilman.
Most Rev. Francis X. Roque, DD ’46: Auxiliary Bishop for the Archdiocese for Military Services. Recipient of the Army Commendation Medal, Bronze Star, Meritorious Service Medal and Distinguished Service Medal for his service.
Edward J. Routhier, Jr. ’41: Founder of Cormack-Routhier Agency. Devoted to the Christian Brothers, who named their residence at La Salle “Routhier Hall” in his honor.
Gerald F. Russell ’34: Colonel in the U.S. Marine Corp. One of the youngest battalion commanders in the history of the United States military. Decorated veteran of World War II and the Korean War. Associate dean of Penn State University.
Richard C. Santaniello ’52: Special education teacher and community leader.
James J. Scanlan, M.D., AFSC ’40: Devoted to the De La Salle Christian Brothers, taking care of their medical needs for thirty-five years. Author of The History of La Salle Academy, 1850-1994.
Anthony W. Scorpio ’73: Community leader and founding member of the La Salle Academy Board of Regents.
Raymond E. Shawcross ’64: Judge of the Rhode Island Family Court and an advocate for youth and social justice.
Robert B. Shea ’42: Successful lawyer, community leader and trusted adviser to Bro. Jerome Corrigan and Bro. Michael Mc Kenery. Few individuals have had as great an impact on La Salle Academy. Along with his wife, Mary, he was involved in every major initiative at La Salle for over two decades. The Shea Science and Student Center is named for him in recognition of his and Mary’s unwavering dedication and devotion to every student at La Salle.
Alfred M. Shiel ’47: Devoted role model of community service in the Lasallian tradition.
James J. Skeffington ’60: Community leader, successful lawyer and partner in the Law Firm of Edwards and Angell.
James M. Sloan III ’49: Lawyer and instrumental figure in helping craft the plan that saved La Salle Academy by having it become a coeducational school.
Richard J. Sullivan ’67: Successful local businessman and advisor to Bro. Jerome Corrigan and Bro. Michael Mc Kenery.
Carl J. Toti ’36: Devoted teacher, guidance counselor and legendary baseball coach at La Salle Academy. The “Freshman Scholar Athlete” Award is named for him.
Rev. Daniel M. Trainor ’53: Outstanding man of principle and courage, a champion of those at risk, particularly through his HIV/AIDS ministry and outreach.
Joseph G. Trimble, Jr. ’48: Vice President of the Coca-Cola Company of New England.
Michael W. Tripp ’64: Successful businessman and community leader. Decorated veteran of the Vietnam War. His citation reads: When the helicopter he was in was shot down in 1967 “Corporal Tripp unhesitatingly blocked the doorway with his own body… in order to prevent the casualties from being thrown from the aircraft.” Became the “face of the war” when his photograph was unknowingly taken and published by photographer Frank Johnston in one of the most memorable images of the war.
Felisa F. White: Founder of libraries that served the United States Air Force in the Pacific. Devoted, longtime librarian of La Salle Academy.
V. Paul Winter AFSC ’35: Benefactor of La Salle Academy and the Christian Brothers. Founder of the V. Paul Winter Distribution Company, Inc.
Joseph P. Zabilski ’37: Athlete, Football Coach and Athletic Director at Northeastern University.
John Rollins showing off his La Salle class ring.

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Member, Editorial Board, International Journal of Reliable Computing, "International Journal of Approximate Reasoning", "International Journal of General Systems", "Journal of Advanced Computational Intelligence and Intelligent Informatics", "Journal of Intelligent and Fuzzy Systems", "Journal of Applied Statistics and Intelligent Technology", and "Soft Computing"
Member, Program Committees of Conferences in Interval Computations (SCAN'2018, SCAN'2016, SCAN'2014, etc.) and Fuzzy Logic and Intelligent Control (FUZZ-IEEE'2019, IFSA/NAFIPS'2019, FUZZ-IEEE'2018, IPMU'2018, NAFIPS'2017, FUZZ-IEEE'2017, IFSA'2017, NAFIPS'2016, IPMU'2016, etc.).
El Paso representative of Berkeley Initiative in Soft Computing (BISC).
Outstanding Paper Award, Joint Annual Conference of the North American Fuzzy Information processing Society NAFIPS'2015 and 5th World Conference on Soft Computing, Redmond, Washington, August 17-19, 2015.
Best 2014 Individual Paper, International Journal of General Systems.
Excellent Paper Award, 11th International Symposium on Management Engineering ISME'2014, Kitakyushu, Japan, July 27-30, 2014.
Best Student Interval Paper Award, Joint World Congress of the International Fuzzy Systems Association and an Annual Conference of the North American Fuzzy Information Processing Society IFSA/NAFIPS'2013, Edmonton, Canada, June 24-28, 2013.
Best Paper Award, 2012 International Conference of the North American Fuzzy Information Processing Society NAFIPS'2012, Berkeley, California, August 6-8, 2012.
Best Paper Award, 2011 International Conference of the North American Fuzzy Information Processing Society NAFIPS'2011, El Paso, Texas, March 18-20, 2011.
Meritorious Paper Award, 2010 International Conference of the North American Fuzzy Information Processing Society NAFIPS'2010, Toronto, Canada, July 12-15, 2010.
Best Paper Award, 1st Latin-American Workshop on Non-Monotonic Reasoning LA-NMR'2004, Mexico City, Mexico, April 26, 2004.
Personal Interface AccessGrid, Award from the Education, Outreach and Training Partnership for Advanced Computational Infrastructure EOT-PACI, 2003.
In interval computations, I am looking for general (feasible) methods to estimate the accuracy of the results of data processing algorithms. I am also interested in the mathematical foundations of intelligent control, with the goal of finding the optimal way to transform expert operator's knowledge into the actual control strategy.
V. Kreinovich, "Solving equations (and systems of equations) under uncertainty: how different practical problems lead to different mathematical and computational formulations", Granular Computing, 2016, Vol. 1, No. 3, pp. 171-179.
V. Kreinovich and S. Shary, "Interval methods for data fitting under uncertainty: a probabilistic treatment", Reliable Computing, 2016, Vol. 23, pp. 105-141.
C. Servin and V. Kreinovich, Propagation of Interval and Probabilistic Uncertainty in Cyberinfrastructure-Related Data Processing and Data Fusion, Springer Verlag, Berlin, Heidelberg, 2015.
V.-N. Huynh, V. Kreinovich, S. Sriboonchitta, and K. Suriya (eds.), Econometrics of Risk, Springer Verlag, Berlin, Heidelberg, 2015.
L. Thompson, A. Velasco, V.Kreinovich, "Construction of ShearWave models by applying multi-objective optimization to multiple geophysical data sets", In: G. O. Tost and O. Vasilieva (eds.), Analysis, Modelling, Optimization, and Numerical Techniques, Springer Verlag, Berlin, Heidelberg, 2015, pp. 309-326.
A. Jalal-Kamali, M. S. Hossain, and V. Kreinovich, "How to Understand Connections Based on Big Data: From Cliques to Flexible Granules", In: S.-M. Chen et al. (eds.), Information Granularity, Big Data, and Computational Intelligence, Springer, Cham, 2015, pp. 63-87.
V. Kreinovich, "Interval computations and interval-related statistical techniques", In: F. Pavese et al. (eds.), Advanced Mathematical and Computational Tools in Metrology and Testing, World Scientific, Singapore, 2015, pp. 38-49.
V. Kreinovich, "Decision Making under Interval Uncertainty (and beyond)", In: P. Guo and W. Pedrycz (eds.), Human-Centric Decision-Making Models for Social Sciences, Springer Verlag, 2014, pp. 163-193.
M. Beer, S. Ferson, and V. Kreinovich, "Imprecise probabilities in engineering analyses", Mechanical Systems and Signal Processing, 2013, Vol. 37, pp. 4-29.
M. Stein, M. Beer, and V. Kreinovich, "Bayesian Approach for Inconsistent Information", Information Sciences, 2013, Vol. 245, No. 1, pp. 96-111.

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With the recent and pending changes to the U.S. Supreme Court’s composition, many lawyers are speculating on how a new balance of power in the house will affect future decisions concerning abortion, gay rights, and immigration rights. These are important subjects, though they are not the only ones deserving of our attention. Potential changes to the U.S. patent system should not go unexamined.
Between 2010 and 2015, the Supreme Court issued a series of judicial opinions seriously impacting the country’s patent laws. While it is generally known that patentable inventions must be new, useful, and non-obvious, the court invoked the rarely used “patentable subject matter” requirement under 35 U.S.C. §101 to invalidate certain claims of issued patents—thus rocking the software and life sciences industries. A look at the Supreme Court’s voting history on four crucial patent cases might give us an idea of where this area is headed in the years to come.
In Bilski v. Kappos (2010), the Court determined that a business method for hedging risk was an abstract idea, invalidating the claims under 35 U.S.C. §101 on the basis that abstract ideas were unpatentable subject matter. Justice Kennedy delivered the unanimous opinion of the Court with Justices Breyer, Scalia (in part), Stevens, Ginsburg, and Sotomayor concurring.
Two years later, in Mayo v. Prometheus, the Court decided that a method for optimizing drug dosages was directed to a law of nature, thereby falling within the realm of unpatentable subject matter. Justice Breyer delivered the unanimous opinion.
Shortly after Mayo, in AMP v. Myriad Genetics, the Court held that claims directed to isolated DNA (genes) associated with an increased risk of breast cancer “fell squarely within the law of nature exception” and were not patent eligible even though the U.S. Patent and Trademark Office (USPTO) had routinely granted similar claims to isolated biological substances for over 20 years. Justice Thomas delivered the unanimous opinion with Justices Scalia concurring (in part).
Finally, in Alice v. CLS (2014), the Court unanimously decided that claims to a computer-implemented process, computer system, and computer-readable medium for mitigating settlement risk were patent ineligible and invalid because they were directed to the abstract idea of intermediated settlement. Justice Thomas delivered the unanimous opinion with Justices Sotomayor, Ginsburg, and Breyer concurring.
Can the Supreme Court reduce rights?
In these decisions, the Supreme Court narrowed the scope of patentable subject matter. Many patent lawyers criticized these decisions, asserting that the Court was attempting to set public policy that reduced patent rights—a role reserved for the legislature. The Court’s decisions not only provided a new defense to patent infringement by challenging the validity of existing patents, but also changed the standards for allowing patent claims in the US Patent & Trademark Office. In the months and years following these decisions, the USPTO issued memos and conducted training to provide “guidance” to U.S. patent examiners on how to identify and reject claims directed to patent ineligible subject matter in accordance with the Court’s opinions. This put nearly every diagnostic method and isolated biomolecule claim at risk. American businesses quickly felt the economic effects. Technology companies built around previously-patentable subject matter saw their patent portfolios collapse as patent claims directed to newly declared “patent ineligible” subject matter were rejected by the USPTO or held “invalid” by the courts.
Although we hold U.S. judges to a high standard of impartiality, we can often predict some judges’ decisions based on judicial history. Voting history, as well as one’s concurring and dissenting opinions, having a liberal or conservative bent is often used during the judicial selection process. When a Supreme Court justice leaves the bench, the President frequently nominates a replacement, who the Senate must confirm by majority vote, who favor the goals of the prevailing political party—conservative presidents frequently nominate conservative justices and vice versa.
Political analysts speculate that Justice Kennedy’s July 31 announcement to retire occurred at President Trump’s request because many speculate that Democrats will take over the Senate after the 2018 fall elections and will block any future Court nominations Trump makes. Justice Kennedy, who frequently cast the deciding vote in close Court decisions, is known as a “liberal” conservative. Trump’s nominee to replace Kennedy, Judge Brett Kavanaugh, clerked for Justice Kennedy, as did Gorsuch, and is described by political analysts as “very” conservative. Assuming that Kavanaugh is confirmed as Kennedy’s replacement on the bench and Gorsuch votes more conservatively than Scalia, the Supreme Court should balance in favor of conservative decisions. This is relevant in closely decided, high profile cases such as those that involve abortion and gay rights. But it is much less important in unanimous decisions.
Based on the Supreme Court’s voting histories in the four patent cases described above, the replacement of Scalia and Kennedy by Gorsuch and Kavanaugh will unlikely shift the Court’s vote in favor of broader patent rights when deciding subject matter patentability. Those businesses adversely affected by former Supreme Court decisions on eligible subject matter will need to rely on a conservative, pro-business, pro-patent Congress to enact legislation that expands patent rights.
Jamie Graham is a partner with Kilpatrick Townsend with over 30 years of experience as a biotechnology and chemistry patent attorney. She helps companies, universities, and government entities obtain, investigate, acquire, license, sell, defend against, and enforce patents in the life sciences and chemical technologies in the US and abroad. Jamie obtained an undergraduate degree in Molecular Biology from Wellesley College, an advanced degree in Immunology from Emory University, and has been in-house patent counsel for a pharmaceutical company, an adjunct professor of Intellectual Property and an expert witness in patent disputes.


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litigation and negotiation of Residential School claims.
Peter Grant was counsel for the Gitxsan and Wet’suwet’en in Delgamuukw v. The Queen which went to the Supreme Court of Canada. He was also counsel in many cases on aboriginal fishing rights (R v. Nikal) [SCC]; the duty to consult and accommodate aboriginal rights and title Gitxsan Nation v. British Columbia [BCSC] Gwasslam v. British Columbia, Blaney v. Minister of Lands [BCSC], Hupacasath v. Minister of Forests [BCSC], Wii’litswx vs. Minister of Forests [BCSC], and the earliest residential school cases (Blackwater v. Plint [SCC]); Aleck v. Clarke [BCCA]; and Barney v. Plint [SCC].
Peter has been a member of the International Commission on Folk Law and Legal Pluralism since 1981.
He is a past Chair of the National Aboriginal Law Section of the Canadian Bar Association. Peter has been the CBA representative for aboriginal law on the Federal Bench and Bar Liaison Committee from 1998 until 2010. He is active in working with the Federal Court – Aboriginal Law Liaison Committee on Guidelines for Elder’s Evidence.
Peter was part of the negotiating team representing claimants through Independent Counsel for the Indian Residential School Settlement. He is now a member of the Nation Administration Committee [NAC] which implements and ensures the proper implementation of the Indian Residential School Settlement Agreement.
Peter has always supported pro bono work. In October, 2007, Peter acted for the mother of the late Savanah Hall in an Inquest into the death of a child in foster care in Prince George which led to 26 recommendations, including 17 directed to the Ministry of Children and Family Development. The First Nations Summit and the UBCIC have called for the implementation of those recommendations.
Peter has been actively involved in making presentations on a regular basis to continuing legal education both in British Columbia and in other provinces.
Further information on Peter Grant is in the Winter ’08 UBC Alumni Magazine Profile.

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In respect of any matter set out in the provincial council list.
includes the powers of government, fundamental rights and franchise.
" . . in the writs mentioned in section 42of Courts ordinance. v. It is that characteristic that the Controller lacks in acting under Regulation 62. Lord Justice Atkin (as he then was) in R. Therefore it would be more reasonable to take each writ separately and consider what "other person or tribunal" would be amenable to each particular writ. in any ordinary sense of the words.allowed to continue as a dealer. may be moved for the issue of a prerogative writ. . as is necessary to apply the ejusdem generis(of the same kind or nature) rule to all the writs taken together. the Controller may cancel the textile license or textile licenses issued to him. 42 gives power to issue these mandates "according to law" it is the relevant rules of English common law that must be resorted to in order to ascertain in what circumstances and under what conditions the Court. act in excess of their legal authority they are subject to the controlling jurisdiction of the King's Bench Division exercised in these writs". Electricity Commissioners 1924 1 KB 171 @204. applying English law principles. the operation of the writs has extended to control the proceedings of bodies who do not claim to be. and would not be recognized as. have reasonable grounds of belief without having ever confronted the license holder with the information which is the source of his belief. The writs specified in the section are unknown to Roman-Dutch and Ceylon law and without calling in aid English law the mandate could not issue and the Legislature must be deemed to have enacted a meaningless provision." Quo Warranto can only in the rarest case of usurpation of a judicial office by some one be issued to a court. while mandamus very rarely issues to a court. Courts of Justice. and having the duty to act judicially. Nakkuda Ali v. Wherever any body of persons having legal authority to determine questions affecting the rights of subjects. It is not difficult to think of circumstances in which the Controller might. It is impossible to find such a common factor. In truth when he cancels a license he is not determining a question: . Jayaratne 51 NLR 457 @461 Moreover there can be no alternative to the view that when s.
or that there must be any inquiry. S. no procedure is laid down by the Regulation for securing that the licence holder is to have notice of the Controller's intention to revoke the licence. The question of the admission of fresh evidence in certiorari proceedings must therefore decided in accordance with English Law. It is only to establish a jurisdictional defect that fresh evidence may be permitted. K. Matara (44 NLR 553 )held that the words "according to law" appearing in Section 42 of the Courts Ordinance meant according to English Law. nor also where there is delay for which there is no valid excuse. public or private. . if the mere requirement that the Controller must have reasonable grounds of belief is insufficient to oblige him to act judicially. Assistant Government Agent. The writ of certiorari being a discretionary remedy will not be granted where the party applying lacks uberrima fides (Most abundant good faith) and fails to disclose material facts. the power conferred upon the Controller by Regulation 62 stands by itself upon the bare words of the Regulation and. De Kretser J in the case of Wijesekera v. But. P. before the Controller acts. English law does not permit the reception of fresh evidence to show error on the face of the record for the writ of certiorari. In brief.he is taking executive action to withdraw a privilege because he believes and has reasonable grounds to believe that the holder is unfit to retain it. D. FERNANDO AND ANOTHER 1981 2 SLR 401 Although the Court of Appeal is vested with power to admit fresh evidence when hearing an appeal no similar power has been conferred on it when it exercises its writ jurisdiction (Articles 139(2) and 140 of the Constitution). THE STATE GRAPHITE CORPORATION (STATE MINING AND MINERAL DEVELOPMENT CORPORATION) v. The licence holder has no right to appeal to the Controller or from the Controller. The grant and issue of writs is governed by English law. We have it therefore on the highest authority that this Court exercise the jurisdiction conferred upon it by Article 140 of Constitution of 1978 to grant and issue these high prerogative writs in accordance with English Law. that apart. Nor will the writ be granted where Rule 46 of the Supreme Court Rules 1978 in regard to annexing of documents material to the case is not complied with. there is nothing else in the context or conditions of his jurisdiction that suggests that he must regulate his action by analogy to judicial rules.
vol. Tissa Dias Bandaranayake and Two Others (Dheeraratne. J. Hettiarachchi 77 NLR 131.As Pathirana J held in the case of Alphonso Appuhamy v. Jayaratne(8). Nakkuda Ali v. See Lord Diplock in CCSU v. The third is "procedural impropriety". 3. That jurisdiction is unfettered. The grounds of judicial review were originally broadly classified as three-fold. de Kretser(7) and K. Sirisena Cooray v. We must assume that the phrase was used in Article 140 in the same sense and that proposition admits of no controversy. 11 para 60). The recommendation or the decision of the Special Presidential Commission has the effect of potentially jeopardising the rights of persons. the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it.. . TISSA DIAS BANDARANAYAKE AND TWO OTHERS 1999-1-Sri LR-001-SC 2. Wednesbury Corporation(9). Minister for the Civil Service(10) at 951.) 15 mean that writs should be issued in the circumstances known to English Law. Before I part with this section of the judgment let me make a brief reference to the scope of judicial review. the Court will not grant him relief. In fact the first proviso to section 18A (2) specifically confers writ jurisdiction on the Supreme Court. To these grounds a fourth may be added "proportionality". The phrase "according to law" in Article 140 was also used in section 42 of the Courts Ordinance and was judicially interpreted to SC B. v. As such the Commissioner's report is amenable to judicial review. The first ground is "illegality". (Halsbury 4th bd. B. The writ jurisdiction of the Superior Courts is conferred by Article 140 of the Constitution. See Goonasinghe v. The second is "irrationality" namely Wednesbury unreasonableness (Associated Provincial Picture Houses Ltd. It cannot be restricted by the provisions of ordinary legislation contained in the ouster clauses enacted in sections 9 (2) and 18A of the SPCI Law or section 22 of the Interpretation Ordinance. SIRISENA COORAY v. if a party who moves for a prerogative writ fails to disclose material evidence and so is wanting in uberrima fides.
This writ of certiorari is not confined to judicial or quasi-judicial acts. Ex parte Hook.R. Reg. Orders in the nature of writs MARIE INDIRA FERNANDOPULLE AND ANOTHER v. Secretary of State for Home Department. v. J. L.v. (1976) 1 W. Sirisena Cooray v. JAYASENA v. Ex parte Davis. It is sufficient if the recommendation or decision of the authority has the effect of potentially jeopardising the rights of persons. SENANAYAKE.Over the years frontiers of Lord Atkin's formula in Electricity Commissioners case have been advanced by judicial decisions. does not necessarily preclude judicial review. It extends even to administrative acts that affect the rights of the subject. ex parte SC B. Amalgamated Engineering Union and others(20). 1052. Barnsley Council. v. and Breen v.) 17 Hosenall(19) . (1953) 1 W. Race Relations Board(18) R.L. Agricultural Land Tribunal. It is no longer the duty to act judicially or quasi-judicially which attracts review but the “duty to act fairly”. It is the nature. Tissa Dias Bandaranayake and Two Others (Dheeraratne. The Common Law right to possession of one's own property is one of these. See selvarajan v. functions and powers of the commission that would determine whether the commissioners have a duty to act fairly.L. 722. PUNCHIAPPUHARNY AND ANOTHER 1980-2-Sri LR-043-CA . E. MINISTER OF LANDS AND AGRICULTURE 79-2- NLR-115 When Common Law rights are involved the Court always has a right of review. Reg. The fact that the recommendations are not self-executory or the fact that a discretion of some other authority interposes between the recommendation and any actual consequences to the persons affected.R.
in Pernandopulle v.Per TAMBIAH. " Recent decisions.J.. have advanced the frontiers of natural justice. J. . C. The Minister of Lands and Agriculture). in England and in this country. The Writ of Certiorari is not confined to judicial or quasi-judicial acts. It extends even to administrative acts that affect the rights of subjects (per Samarakoon.

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