Military cemeteries in foreign countries.
Monuments built by the United States Government.
War memorials not built by the United States Government.
Pacific War Memorial and other historical and memorial sites on Corregidor.
Care and maintenance of Surrender Tree site.
World War II memorial in the District of Columbia.
Intellectual property and related items.
1999—Pub. L. 106–117, title VI, §§601(a)(2), 603(b), Nov. 30, 1999, 113 Stat. 1578, 1579, added items 2113 and 2114.
(a) Composition and Terms.—The American Battle Monuments Commission has not more than 11 members appointed by the President. The President also shall appoint one officer of the Regular Army to serve as secretary of the Commission. The members and secretary serve at the pleasure of the President. The President shall fill any vacancies that occur. Notwithstanding any other law, members of the Armed Forces may be appointed members of the Commission.
(3) when in a travel status in the continental United States, a per diem at the rate authorized to be paid under sections 5702 and 5703 of title 5 instead of subsistence.
(c) Expenses of Officers of Armed Forces Serving on Commission.—An officer of the Armed Forces serving as a member or as secretary of the Commission may be reimbursed for expenses when traveling on business of the Commission in the same way as civilian members of the Commission.
2101(a) 36:121 (1st par.). Mar. 4, 1923, ch. 283, §1 (1st par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; Dec. 18, 1989, Pub. L. 101–237, title V, §503, 103 Stat. 2094.
2101(b) 36:121 (2d par.). Mar. 4, 1923, ch. 283, §1 (2d par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §1, 70 Stat. 640; Oct. 21, 1970, Pub. L. 91–480, 84 Stat. 1081; Apr. 1, 1976, Pub. L. 94–256, 90 Stat. 301.
36:121 (last par.). Mar. 4, 1923, ch. 283, §1 (last par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §1, 70 Stat. 640.
2101(c) 36:122. Sept. 26, 1996, Pub. L. 104–204, title III, (2d proviso in par. under heading “American Battle Monuments Commission”), 110 Stat. 2907.
In subsection (a), the words “from time to time” are omitted as unnecessary.
In subsection (b), before clause (1), the text of 36:121 (last par.) is omitted as executed. In clauses (2) and (3), the word “same” is omitted as unnecessary. In clause (2), the words “authorized to be paid” are substituted for “prescribed” for consistency with clause (3) and 37:405.
Subsection (c) is based on 36:122 which is from the 2d proviso in the paragraph under the heading “American Battle Monuments Commission” in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204, 110 Stat. 2907). The provision has been repeated each year in prior appropriations acts and therefore is restated as a permanent provision. For prior provisions, see citations under 36:122 (1994 ed.). In the restatement, the words “in the same way as” are substituted for “as provided for” for clarity and consistency in the revised title.
In subsec. (b)(2), “475” substituted for “405” pursuant to section 631(f)(4)(B) of Pub. L. 112–81, which provided that any reference in a provision of law other than a section of title 10, 32, or 37, United States Code, to a section of title 37 that was transferred and redesignated by “subsection (c)” of section 631 was deemed to refer to the section as so redesignated, notwithstanding that sections of title 37 were transferred and redesignated by subsection (d) of section 631 rather than subsection (c), to reflect the probable intent of Congress.
2011—Subsec. (b)(2). Pub. L. 112–81 substituted “475” for “405”. See Codification note above.
1999—Subsec. (b)(2). Pub. L. 106–117, §604(1)(A), struck out “, United States Code,” after “title 37”.
Subsec. (b)(3). Pub. L. 106–117, §604(1)(B), struck out “, United States Code,” after “title 5”.
(2) at least 348 individuals who are citizens of the countries where the cemeteries, monuments, and memorials are located.
(b) Detailed Personnel.—On request of the Commission, the heads of departments, agencies, and instrumentalities of the United States Government may make available to the Commission their personnel and facilities to assist in carrying out this chapter, and may expend for that purpose amounts appropriated to the department, agency, and instrumentality. The Commission shall reimburse the department, agency, or instrumentality for the pay and allowances of personnel made available to the Commission.
(c) Station Allowance for Officers Assigned to the Commission.—For officers of the Armed Forces assigned to the Commission, the same station allowance shall be authorized for serving at foreign stations as the Secretary of the Army has authorized for officers of the Army.
(d) Citizenship Requirement.—An individual may be employed as the superintendent, or as an assistant superintendent, of a cemetery operated by the Commission only if the individual is a citizen of the United States.
2102(a) 36:121 (3d par. 2d, 3d sentences). Mar. 4, 1923, ch. 283, §1 (3d par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §1, 70 Stat. 640; Oct. 18, 1978, Pub. L. 95–479, title III, §306, 92 Stat. 1566; Oct. 7, 1980, Pub. L. 96–385, title V, §506, 94 Stat. 1537.
2102(b) 36:121 (3d par. 1st sentence).
Sept. 26, 1996, Pub. L. 104–204, title III, (1st, last provisos in par. under heading “American Battle Monuments Commission”), 110 Stat. 2907.
2102(d) 36:121 (3d par. last sentence).
In subsection (a) before clause (1), the words “or appropriations” are omitted because of 1:1. The words “further” and “under the jurisdiction of the Commission” are omitted as unnecessary. In clause (2), the words “who shall be hired for local employment relating to the care and maintenance of such cemeteries, monuments, and memorials” are omitted as unnecessary.
Subsections (b) and (c) are based in part on 36:121b and 122a, which are from the first and last provisos in the paragraph under the heading “American Battle Monuments Commission” in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204, 110 Stat. 2907). The provisions have been repeated each year in prior appropriations acts and therefore are restated as permanent provisions. For prior provisions, see citations under 36:121b and 122a (1994 ed.).
In subsection (b), the words “departments, agencies, and instrumentalities” are substituted for “departments or agencies” and “departments, agencies, and services” in 36:121 and “agencies” in 36:122a for consistency in the revised title and with other titles of the United States Code. The words “or of the Army, Navy, Air Force, or Marine Corps” in 36:121 and “including the Armed Forces” in 36:122a are omitted as included in “department, agency, or instrumentality”. The words “as the case may be” in 36:121 are omitted as unnecessary. The word “salary” in 36:122a is omitted as included in “pay”.
In subsection (c), the words “Secretary of the Army” are substituted for “Department of the Army” because of 10:3013(a)(1).
This amends section 2102(b) of title 36 to clarify the language.
1999—Subsec. (a)(1). Pub. L. 106–117 struck out “, United States Code” after “title 5”.
1998—Subsec. (b). Pub. L. 105–354 substituted “personnel made available to the Commission” for “designated personnel”.
(5) procure printing, binding, engraving, lithographing, photographing, and typewriting, including the publication of information on United States activities, battlefields, memorials, and cemeteries with respect to which the Commission may exercise any duties and powers.
(b) Disposition of Land.—Under conditions and in the manner the Commission decides is proper, the Commission may dispose of land or an interest in land in a foreign country that the Commission acquires in connection with its work.
(c) Contracting Out.—Notwithstanding the requirements of existing laws or regulations, the Commission, under conditions the Commission decides are necessary and proper, may contract for work, supplies, materials, and equipment outside or for use outside the United States and engage the services of architects and other technical and professional personnel.
(d) Delegation.—Under conditions the Commission may prescribe, the Commission may delegate to its Chairman, secretary, or officials in charge of any of its offices any of its authority it considers necessary and proper.
(e) Solicitation and Receipt of Contributions.—(1) The Commission may solicit and receive funds and in-kind donations and gifts from any State, municipal, or private source to carry out the purposes of this chapter. The Commission shall deposit such funds in a separate account in the Treasury. Funds from that account shall be disbursed upon vouchers approved by the Chairman of the Commission.
(B) compromise the integrity or the appearance of the integrity of the programs of the Commission or any official involved in those programs.
(f) Limitation on Use of Contributions.—The Commission may not obligate, withdraw, or expend amounts received as contributions before March 1, 1998.
(g) Statements to President.—The Commission shall transmit to the President on October 1 of each year a statement of all its financial and other transactions during the prior fiscal year.
(h) Financial Statements and Audits.—(1) The Commission shall have a system of financial controls to enable the Commission to comply with the requirements of paragraph (2) of this subsection and with section 2106(d)(4) of this title.
(B) obtain an audit by the Comptroller General of each financial statement prepared under subparagraph (A) of this paragraph, which shall be conducted in accordance with applicable generally accepted government auditing standards and shall be in lieu of any audit otherwise required by law.
(i) Disposition of Records and Archives.—When no longer required by the Commission, the records and archives of the Commission shall be deposited with the National Archives in accordance with section 2107 of title 44.
(j) Seal.—The Commission shall have a seal that shall be judicially noticed.
(k) Disbursements Outside Continental United States.—Disbursements for expenditures outside the continental United States may be made by a special disbursing agent designated by the Commission under regulations it prescribes.
2103(a) 36:138b (1st par.). Mar. 4, 1923, ch. 283, §12 (1st–3d, last pars.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§2(c), (d), 4(c)(1), (2), 70 Stat. 640, 641.
2103(b) 36:137. Feb. 11, 1927, ch. 104, §1 (5th proviso in par. under heading “American Battle Monuments Commission”), 44 Stat. 1071.
2103(e) 36:128. Mar. 4, 1923, ch. 283, §7, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317.
2103(f) 36:138d(c). Mar. 4, 1923, ch. 283, §14, as added Oct. 9, 1996, Pub. L. 104–275, title VI, §602(b), 110 Stat. 3345.
2103(g) 36:131. Mar. 4, 1923, ch. 283, §8, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §2(c), (d), 70 Stat. 640; Apr. 21, 1976, Pub. L. 94–273, §3(19), 90 Stat. 377.
2103(i) 36:138. Mar. 4, 1923, ch. 283, §9, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§2(c), (d), 4(a), 70 Stat. 640, 641.
2103(j) 36:136. Feb. 11, 1927, ch. 104, §1 (3d proviso in par. under heading “American Battle Monuments Commission”), 44 Stat. 1071.
2103(k) 36:133. Feb. 11, 1927, ch. 104, §1 (last proviso in par. under heading “American Battle Monuments Commission”), 44 Stat. 1071.
In this section, the word “terms” is omitted as included in “conditions”.
In subsection (a), before clause (1), the words “or appropriations” are omitted because of 1:1. In clauses (1) and (5), the words “duties and powers” are substituted for “functions” for consistency in the revised title and with other titles of the United States Code. In clause (2), the words “department, agency, or instrumentality” are substituted for “departments” for consistency in the revised title and with other titles of the Code.
In subsection (b), the text of 36:137 is omitted as superseded. The words “which has been or may after June 26, 1946, be” and “Provided, That this subsection shall not be effective until the expiration of the Surplus Property Act of 1944” are omitted as obsolete. Section 38 of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 784) provided that the Act was to expire 3 years after the cessation of hostilities of World War II. The cessation of hostilities was proclaimed on December 31, 1946, by Proclamation No. 2714, 12 Fed. Reg. 1. However, section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399) [renumbered by section 6(a) and (b) of the Act of September 5, 1950 (ch. 849, 64 Stat. 583)] repealed the Surplus Property Act of 1944 effective July 1, 1949 (except for sections 13(d), (g), and (h), 28, and 32(b)(2)). Section 13(d), concerning power transmission lines, and section 13(g), concerning property for public airports, do not involve the American Battle Monuments Commission. Section 13(h) was repealed by section 2 of the Act of August 4, 1972 (Public Law 92–362, 86 Stat. 504). Section 28 was repealed by section 21 of the Act of June 25, 1948 (ch. 645, 62 Stat. 868). Section 32(b)(2) was repealed by section 111(a)(1) of the Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87–256, 75 Stat. 538).
In subsection (c), the words “in its discretion”, “by contract or otherwise”, and “firms of architects” are omitted as unnecessary.
2002—Subsec. (a)(1). Pub. L. 107–217 substituted “section 3111 of title 40” for “section 355 of the Revised Statutes (40 U.S.C. 255)”.
1999—Subsec. (d). Pub. L. 106–117, §604(3)(C), substituted “Chairman” for “chairman”.
Subsec. (h)(2)(A)(i). Pub. L. 106–117, §604(3)(A), struck out “, United States Code” after “title 31”.
Subsec. (i). Pub. L. 106–117, §604(3)(B), struck out “, United States Code” after “title 44”.
(4) the Armed Forces have the right to re-enter a cemetery transferred to the Commission to exhume or re-inter a body if they decide it is necessary.
2104 36:122b. Mar. 4, 1923, ch. 283, §2, as added July 25, 1956, ch. 721, §3(a), 70 Stat. 640.
In this section, before clause (1), the words “so established, if any” are omitted as unnecessary. In clause (1), the words “such time as” are omitted as unnecessary. The words “duties and powers” are substituted for “functions” for consistency in the revised title and with other titles of the United States Code. In clause (2), the words “in nature” are omitted as unnecessary.
(a) Memorials.—The American Battle Monuments Commission shall prepare plans and estimates to build suitable memorials commemorating the service of American Armed Forces, and shall build and maintain memorials in the United States and, as the Commission decides, at any place outside the United States where the Armed Forces have served since April 6, 1917.
(b) Architecture and Art.—The Commission shall build and maintain works of architecture and art in United States cemeteries located outside the United States and the territories and possessions of the United States that are permanent cemeteries. The Secretary of Veterans Affairs shall maintain works of architecture and art built by the Commission in the National Cemetery Administration, as described in section 2400(b) of title 38.
(c) Control and Supervision of Materials, Design, and Building.—(1) The Commission shall control the materials and design and prescribe regulations for, and supervise the building of, all memorial monuments and buildings in United States cemeteries located outside the United States and the territories and possessions of the United States.
(2) The Commission shall control the design and prescribe regulations for the building of all memorial monuments and buildings commemorating the service of American Armed Forces that are built in a foreign country or political division of the foreign country that authorizes the Commission to carry out those duties and powers.
(d) Approval by National Commission of Fine Arts.—A design for a memorial must be approved by the National Commission of Fine Arts before the Commission can accept it.
2105(a) 36:123 (1st par. 1st sentence). Mar. 4, 1923, ch. 283, §3, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§2(b), (d), 3(b), 70 Stat. 640, 641.
2105(b) 36:123 (1st par. 2d, last sentences).
2105(c) 36:123 (2d, last pars.).
2105(d) 36:124. Mar. 4, 1923, ch. 283, §4, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§2(b), (d), 3(c), 70 Stat. 640, 641.
In subsections (a) and (c)(2), the word “American” is omitted as unnecessary.
In subsection (a), the words “or shall hereafter serve” are omitted as obsolete.
In subsection (b), the words “Secretatry [sic] of Veterans Affairs” are substituted for “Department of Defense”, and the words “the National Cemetery System, as described in section 2400(b) of title 38” are substituted for “cemeteries within the United States, its Territories and possessions”, because of section 6 of the National Cemeteries Act of 1973 (Public Law 93-43, 38 U.S.C. 2404 note), which transferred jurisdiction over and responsibility for the national cemeteries (with certain exceptions) from the Secretary of the Army to the Administrator of Veterans’ Affairs.
In subsection (c)(2), the words “duties and powers” are substituted for “functions” for consistency in the revised title and with other titles of the United States Code.
1998—Subsec. (b). Pub. L. 105–368 substituted “National Cemetery Administration” for “National Cemetery System”.
(a) Cooperation With Others.—The American Battle Monuments Commission may cooperate with citizens of the United States, States, municipalities, or associations desiring to build war memorials outside the continental limits of the United States in the way the Commission decides. An administrative agency of the United States Government may give assistance to build the memorial only if a plan for the memorial has been approved under this chapter.
(B) the sponsors of the memorial consent to the Commission assuming those responsibilities and transfer to the Commission all their rights and interests in the memorial.
(2) If reasonable effort fails to locate the sponsors of a memorial, the Commission may assume responsibility for the memorial under this subsection by agreement with the appropriate foreign authorities. A decision of the Commission to assume responsibility for a war memorial under this subsection is final.
(3) Sponsors of a war memorial for which the Commission assumes responsibility under this subsection may transfer amounts accumulated to maintain and repair the memorial to the Commission for use in carrying out this chapter. Except as provided in subsection (c) of this section, the Commission shall deposit transferred amounts as provided in section 2103(e) of this title.
(c) Arrangements for Repair or Long-Term Maintenance of Memorials.—In assuming responsibility for a war memorial under subsection (b)(1) or (2) of this section, the Commission may arrange with the sponsors of the memorial to provide for repair or long-term maintenance of the memorial. An amount transferred to the Commission for the purpose of this subsection shall be deposited by the Commission in the fund established under subsection (d) of this section.
(B) obligations obtained under paragraph (3) of this subsection.
(2) The Commission shall deposit into the fund the amounts that are accepted under subsection (c) of this section. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from the sale or redemption of, obligations held in the fund.
(3) The Secretary shall invest any part of the fund that the Commission decides is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Commission decides has a maturity suitable for the fund.
(4) The Commission shall separately account for all amounts deposited in and expended from the fund for each war memorial for which an arrangement for repair or long-term maintenance is made under subsection (c) of this section.
(ii) to locate the sponsor.
2106(a) 36:125(a). Mar. 4, 1923, ch. 283, §5(a), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §2(b), (d), 70 Stat. 640; Jan. 2, 1974, Pub. L. 93–244, 87 Stat. 1070.
2106(b)(1) 36:125(b)(1) (1st sentence), (d). Mar. 4, 1923, ch. 283, §5(b)–(d), as added Jan. 2, 1974, Pub. L. 93–244, 87 Stat. 1070; Oct. 9, 1996, Pub. L. 104–275, title VI, §602(a), 110 Stat. 3344.
2106(b)(2) 36:125(b)(1) (last sentence), (d).
In subsections (b), (c), and (e), the text of 36:125(d) is omitted as unnecessary.
In subsection (b)(1), before clause (A), the words “in its discretion” and “before, on, or after the effective date of this subsection” are omitted as unnecessary. The words “governmental authority (except a department, agency, or instrumentality of the United States Government)” are substituted for “non-Federal governmental agency” for consistency in the revised title and with other titles of the United States Code. In clause (B), the word “title” is omitted as included in “rights”.
“(a) Authority.—The Commandant of the Marine Corps may provide necessary minor maintenance and repairs to the Pacific battle monuments until such time as the Secretary of the American Battle Monuments Commission and the Commandant of the Marine Corps agree that the repair and maintenance will be performed by the American Battle Monuments Commission.
With the consent of the Secretary of Veterans Affairs, the American Battle Monuments Commission may build works of architecture and art in the National Memorial Cemetery of the Pacific.
2107 36:125a. June 24, 1954, ch. 359, §101 (1st proviso in last par. under heading “American Battle Monuments Commission”), 68 Stat. 275.
The words “Secretary of Veterans Affairs” are substituted for “Secretary of the Army” because of section 6 of the National Cemeteries Act of 1973 (Public Law 93–43, 38 U.S.C. 2404 note), which transferred jurisdiction over and responsibility for the national cemeteries (with certain exceptions) from the Secretary of the Army to the Administrator of Veterans’ Affairs. The words “as may be determined by the Commission” are omitted as unnecessary.
(a) General.—After an agreement is made between the Government of the Republic of the Philippines and the United States Government, the American Battle Monuments Commission shall restore, operate, and maintain the Pacific War Memorial and other historical and memorial sites on Corregidor.
(b) Personnel.—The Commission may employ necessary personnel to carry out this section.
(c) Use of Other Departments, Agencies, and Instrumentalities.—Departments, agencies, and instrumentalities of the United States Government may assist the Commission, on a reimbursable basis, in carrying out this section.
(d) Authority To Solicit Contributions.—To carry out this section, the Commission may solicit and accept private contributions and shall deposit the contributions in the fund established by subsection (f) of this section.
(e) Use of Private Amounts.—The Commission shall carry out this section with private amounts except to the extent amounts are appropriated under subsection (g) of this section.
(2) The Chairman of the Commission shall deposit into the fund the amounts that are accepted under subsection (d) of this section. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from the sale or redemption of, obligations held in the fund.
(3) The Secretary shall invest any part of the fund that the Chairman decides is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Chairman decides has a maturity suitable for the fund.
(4) Amounts in the fund exceeding the cost of carrying out this section, as decided by the Chairman, shall be deposited in the Treasury as miscellaneous receipts to reimburse the United States Government for amounts appropriated under subsection (g) of this section.
(2) amounts necessary to operate and maintain the Memorial and those other historical and memorial sites.
2108(a) 36:125b(a), (b). Nov. 18, 1988, Pub. L. 100–687, title XVI, §1602, 102 Stat. 4137.
(a) Establishment and Purpose.—There is an account in the Treasury known as the “Foreign Currency Fluctuations, American Battle Monuments Commission, Account”. The Account shall be used to provide amounts, in addition to amounts appropriated for salaries and expenses of the Commission, to pay the cost of salaries and expenses that exceeds the amount appropriated for salaries and expenses because of fluctuations in currency exchange rates of foreign countries occurring after a budget request for the Commission is submitted to Congress. The Account may not be used for any other purpose.
(b) Increase in Permissible Obligations of Amounts.—A provision of law limiting the amounts the Commission may obligate in a fiscal year shall be increased to the extent necessary to reflect fluctuations in exchange rates from those used in preparing the budget submission.
(c) Transferred Amounts.—(1) Amounts in the Account may be transferred to amounts appropriated for salaries and expenses of the Commission. Transferred amounts shall be merged with, and are available for the same time period as, the appropriation to which they are applied.
(B) because of subsequent favorable fluctuations in the rates or because other amounts are, or become, available to pay the obligations.
(3) Amounts transferred to an appropriation under this subsection may not be transferred back to the Account after the end of the 2d fiscal year after the fiscal year in which the appropriation was available for obligation.
(d) Recording of Obligations and Fluctuations in Exchange Rates.—An obligation of the Commission payable in the currency of a foreign country may be recorded as an obligation based on exchange rates used in preparing a budget submission. A change reflecting fluctuations in exchange rates may be recorded as a disbursement is made.
(e) Unobligated Balances.—The unobligated balance of an appropriation for salaries and expenses may be transferred to the Account not later than the end of the second fiscal year following the fiscal year for which the appropriation was made. The unobligated balance shall be merged with, and be available for the same period and purposes as, the Account.
(f) Annual Report.—The Commission each year shall submit to the appropriate committees of Congress a report on amounts transferred under this section.
(g) Authorization of Appropriations.—There is authorized to be appropriated $3,000,000 to the Account.
2109(a) 36:138c(a) (1st–3d sentences). Mar. 4, 1923, ch. 283, §13, as added May 20, 1988, Pub. L. 100–322, title III, §345(a), 102 Stat. 540.
2109(c)(1) 36:138c(a) (last sentence), (b) (1st sentence).
2109(g) 36:138c note. May 20, 1988, Pub. L. 100–322, title III, §345(b), 102 Stat. 540.
A claim against the American Battle Monuments Commission that is similar to a claim described in section 2734 of title 10, that is based on damage to, or loss or destruction of, property, or personal injury or death of an individual, and that is caused by the negligent or wrongful act or omission of an officer or civilian employee of the Commission acting within the scope of the officer's or employee's office or employment, may be settled, decided, and paid as provided in section 2734 for the settlement of Army claims. However, the Secretary of the Army may appoint an officer or employee of the Commission to a claims commission or as an officer to approve settlements of claims made by the claims commission. All payments in settlement of a claim shall be made out of appropriations made to carry out this chapter.
2110 36:138b (4th par.). Mar. 4, 1923, ch. 283, §12 (4th par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§2(c), (d), 4(c)(3), 70 Stat. 640, 642.
The words “section 2734 of title 10” and “section 2734” are substituted for “the first section of the Act entitled ‘An Act to provide for the prompt settlement of claims for damages occasioned by Army, Navy, and Marine Corps forces in foreign countries’, approved January 2, 1942 (55 Stat. 880, as amended; 31 U.S.C. 224d)” and “such Act”, respectively, in section 12 (4th par.) of the Act of March 4, 1923 (ch. 283), as added by section 4(c)(3) of the Act of July 25, 1956 (ch. 721, 70 Stat. 642), because of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640). The 1942 law enacted former 31:224d, 224h, and 224i. Those sections subsequently were codified as 10:2734 and repealed by the Act of August 10, 1956 (ch. 1041, 70A Stat. 154, 672). The words “both real and personal” are omitted as unnecessary. The words “on or after July 25, 1956” are omitted as obsolete. The words “or commissions” are omitted because of 1:1. The words “settled, decided” are substituted for “considered, ascertained, adjusted, determined” to eliminate unnecessary words.
(a) Arrangements With Foreign Countries.—The President is requested to make the necessary arrangements with the proper authorities of the appropriate foreign countries to enable the American Battle Monuments Commission to carry out this chapter.
(ii) the Commission requests to carry out the duties and powers specified in clause (A) of this paragraph.
(2) After a transfer under this subsection, the Commission shall maintain the cemetery and all improvements in it.
2111(a) 36:127. Mar. 4, 1923, ch. 283, §6, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317.
2111(b) 36:132. Mar. 4, 1923, ch. 283, §10, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§2(c), (d), 4(b), 70 Stat. 640, 641.
In subsection (b)(1), the words “duties and powers” are substituted for “functions” for consistency in the revised title and with other titles of the United States Code.
Executive Order 6614, referred to in subsec. (b)(1)(A), is not classified to the Code.
Executive Order 10057, referred to in subsec. (b)(1)(A), is set out below.
1. All functions of administration pertaining to the Mexico City National Cemetery, located in Mexico City, Calazada, Molchor, Ocampo 31, Mexico, DF, now vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, equipment, and property of every kind pertaining thereto, are hereby transferred from the War Department to the American Battle Monuments Commission.
2. The unexpended balances of appropriations or allotments of appropriations which are now, or may become, available to the War Department for the performance of the functions transferred by this order shall be transferred to the American Battle Monuments Commission to such extent as the Director of the Bureau of the Budget may deem necessary.
1. All functions of administration pertaining to World War II United States Military Cemeteries located in or near Cambridge, England; Margraten, the Netherlands; Hamm, Luxembourg; Henri-Chapelle, Belgium; Neuvilleen-Condroz, Belgium; St. Laurent, France; St. James, France; Epinal, France; St. Avold, France; Draguignan, France; Nettuno (Anzio), Italy; Florence, Italy; Tunis (Carthage), Tunisia; and Ft. McKinley, Philippine Islands, now vested in or exercised by the Secretary of the Army pursuant to the act of May 16, 1946, c. 261, 60 Stat. 182, as amended by the act of August 5, 1947, c. 497, 61 Stat. 779, together with (a) such supplies, equipment, temporary structures, utilities and facilities pertaining thereto as are located therein or are in depots or other places overseas under the jurisdiction of the American Graves Registration Service and are determined by the American Battle Monuments Commission to be required for the discharge of its responsibilities under this order, and (b) the cemetery records currently maintained for the operation of such cemeteries, including records pertinent to the acquisition of real estate upon which the cemeteries and their appurtenances are situated, are hereby transferred to the American Battle Monuments Commission; such transfer to become effective as to any particular cemetery or group of cemeteries upon the completion of the operational mission of the Department of the Army with respect to such cemetery or group of cemeteries, but in no instance later than December 31, 1951, or at such earlier date as may be determined by the President or the Congress pursuant to the said act of May 16, 1946, as amended by the act of August 5, 1947.
2. The Department of the Army shall have the right to re-enter any of such cemeteries subsequent to the effective date of the transfer of functions with respect thereto for the purpose of making exhumations or reinterments should any such action become necessary.
3. There shall be transferred to the American Battle Monuments Commission so much of the unexpended balances of appropriations now, or which may become, available to the Department of the Army for the performance of the functions transferred by the provisions of this order as the Director of the Bureau of the Budget may deem necessary for use prior to July 1, 1950, in connection with such functions.
1–101. The Secretary of State shall take all appropriate steps to complete, prior to the date of entry into force of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, hereinafter referred to as the Neutrality Treaty, the negotiations which have begun with the Republic of Panama for an agreement under which the United States of America would, upon the date of entry into force of such agreement and thereafter, administer as a permanent American cemetery such part of Corozal Cemetery as encompasses the remains of citizens of the United States of America.
1–102. Subject to the conclusion of the agreement referred to in Section 1–101 of this Order, the American Battle Monuments Commission shall administer that part of Corozal Cemetery which encompasses the remains of citizens of the United States of America, in accordance with the terms of the agreement with the Republic of Panama.
1–103. The Governor of the Canal Zone shall, to the extent funds are available, disinter from Mount Hope Cemetery, before entry into force of the Neutrality Treaty, and reinter in Corozal Cemetery the remains of United States citizens, and the remains of members of their immediate family that are buried with them. The Governor shall not remove from Mount Hope Cemetery the remains of any such person whose next of kin timely requests in writing that such remains not be disinterred. The Governor shall transport to the United States for reinterment the remains of any such person whose next of kin timely requests in writing that such remains be transported to the United States for reinterment.
1–104. The Secretary of Defense shall, to the extent funds are available, disinter from Corozal Cemetery and transport to the United States for reinterment the remains of United States citizens, and the remains of members of their immediate family buried with them, whose next of kin requests in writing by April 1, 1982, that such remains be transported to the United States for reinterment.
1–105. Subject to the availability of funds, all the costs incurred in the disinterment, reinterment in Corozal Cemetery, and transportation of remains required by this Order, including the costs of preparation, cremation if requested, and a casket or urn, shall be borne by the United States of America. The costs of reinterment in the United States, including any costs for funeral home services, vaults, plots, or crypts, will be the responsibility of the next of kin making the request, except to the extent otherwise provided by law, including any unused specific entitlements available pursuant to statute.
1–106. (a) The Governor of the Canal Zone shall identify, to the extent feasible, the closest surviving next of kin of each deceased United States citizen buried in the Mount Hope and Corozal Cemeteries, and of such next of kin of each member of the immediate family that is buried with such United States citizen.
(b) The Governor shall provide notice to the next of kin of such deceased buried in Mount Hope Cemetery that the Government plans to remove the deceased to Corozal Cemetery unless the next of kin requests in writing, not later than three months after the first issuance of such notification, either that the remains not be removed from Mount Hope Cemetery, or that the remains be moved to, and reinterred in, the United States in a cemetery or other burial site designated by the next of kin.
(c) The Governor shall also provide notice to the next of kin of such deceased who are buried in Corozal Cemetery that the Government will disinter and transport such deceased to the United States for reinterment in a cemetery or other burial site designated by the next of kin, if the next of kin so requests in writing not later than April 1, 1982.
(d) The Governor shall publish the notices provided for in subsections (b) and (c) of this Section in appropriate newspapers, magazines and other periodicals, and utilize such other means of communicating with the next of kin that he finds to be practical and effective.
1–107. The Governor of the Canal Zone shall, before the entry into force of the Neutrality Treaty, fully advise the next of kin of all available options, and their implications, in those cases where a request has been made that remains not be removed from Mount Hope Cemetery.
1–108. The Secretary of the Army shall supervise the planned removal of the remains from Mount Hope Cemetery to Corozal Cemetery and shall ensure compliance with the wishes of any next of kin who, within the time specified in clause B(i) to the Third Reservation to the Neutrality Treaty, objects to such removal.
(a) “Next of kin” means the person whom the Governor of the Canal Zone determines to be the nearest living relative, by consanguinity or affinity, of a person buried at Mount Hope Cemetery or Corozal Cemetery.
(b) “Members of their immediate family” means the spouse, children, mother or father of the deceased United States citizen.
The American Battle Monuments Commission is responsible for the care and maintenance of the Surrender Tree site in Santiago, Cuba.
2112 36:123 note. Aug. 13, 1957, Pub. L. 85–125, 71 Stat. 344.
The last sentence of the Act of August 13, 1957 (Public Law 85–125, 71 Stat. 344), is omitted as obsolete.
(a) Solicitation and Acceptance of Contributions.—(1) Consistent with its authority under section 2103(e) of this title, the American Battle Monuments Commission shall solicit and accept contributions for the World War II memorial.
(2) In this section, the term “World War II memorial” means the memorial authorized by Public Law 103–32 (40 U.S.C. 8903 note) to be established by the Commission on Federal land in the District of Columbia or its environs to honor members of the Armed Forces who served in World War II and to commemorate the participation of the United States in that war.
(A) Amounts deposited, and interest and proceeds credited, under paragraph (2).
(B) Obligations obtained under paragraph (3).
(C) The amount of surcharges paid to the Commission for the World War II memorial under the World War II 50th Anniversary Commemorative Coins Act (31 U.S.C. 5112 note).
(D) Amounts borrowed using the authority provided under subsection (d).
(E) Any funds received by the Commission under section 2114 of this title in exchange for use of, or the right to use, any mark, copyright or patent.
(2) The Chairman of the Commission shall deposit in the fund the amounts accepted as contributions under subsection (a). The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund.
(3) The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Chairman, is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Chairman, has a maturity suitable for the fund.
(3) to secure, obtain, register, enforce, protect, and license any mark, copyright, or patent that is owned by, assigned to, or licensed to the Commission under section 2114 of this title to aid or facilitate the construction of the World War II memorial.
(d) Special Borrowing Authority.—(1) To assure that groundbreaking, construction, and dedication of the World War II memorial are carried out on a timely basis, the Commission may borrow money from the Treasury of the United States in such amounts as the Commission considers necessary, but not to exceed a total of $65,000,000. Borrowed amounts shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the month in which the obligations of the Commission are issued. The interest payments on such obligations may be deferred with the approval of the Secretary, but any interest payment so deferred shall also bear interest.
(2) The borrowing of money by the Commission under paragraph (1) shall be subject to such maturities, terms, and conditions as may be agreed upon by the Commission and the Secretary, except that the maturities may not exceed 20 years and such borrowings may be redeemable at the option of the Commission before maturity.
(3) The obligations of the Commission shall be issued in amounts and at prices approved by the Secretary. The authority of the Commission to issue obligations under this subsection shall remain available without fiscal year limitation. The Secretary of the Treasury shall purchase any obligations of the Commission to be issued under this subsection, and for such purpose the Secretary of the Treasury may use as a public debt transaction of the United States the proceeds from the sale of any securities issued under chapter 31 of title 31. The purposes for which securities may be issued under such chapter are extended to include any purchase of the Commission's obligations under this subsection.
(4) Repayment of the interest and principal on any funds borrowed by the Commission under paragraph (1) shall be made from amounts in the fund. The Commission may not use for such purpose any funds appropriated for any other activities of the Commission.
(e) Treatment of Borrowing Authority.—In determining whether the Commission has sufficient funds to complete construction of the World War II memorial, as required by section 8906 of title 40, the Secretary of the Interior shall consider the funds that the Commission may borrow from the Treasury under subsection (d) as funds available to complete construction of the memorial, whether or not the Commission has actually exercised the authority to borrow such funds.
(f) Voluntary Services.—(1) Notwithstanding section 1342 of title 31, the Commission may accept from any person voluntary services to be provided in furtherance of the fund-raising activities of the Commission relating to the World War II memorial.
(2) A person providing voluntary services under this subsection shall be considered to be a Federal employee for purposes of chapter 81 of title 5, relating to compensation for work-related injuries, and chapter 171 of title 28, relating to tort claims. A volunteer who is not otherwise employed by the United States shall not be considered to be a Federal employee for any other purpose by reason of the provision of such voluntary service, except that any volunteer given responsibility for the handling of funds or the carrying out of a Federal function is subject to the conflict of interest laws contained in chapter 11 of title 18 and the administrative standards of conduct contained in part 2635 of title 5 of the Code of Federal Regulations.
(3) The Commission may provide for reimbursement of incidental expenses that are incurred by a person providing voluntary services under this subsection. The Commission shall determine those expenses that are eligible for reimbursement under this paragraph.
(4) Nothing in this subsection shall be construed to require any Federal employee to work without compensation or to allow the use of volunteer services to displace or replace any Federal employee.
(g) Treatment of Certain Contracts.—A contract entered into by the Commission for the design or construction of the World War II memorial is not a funding agreement as that term is defined in section 201 of title 35.
(h) Extension of Authority To Establish Memorial.—Notwithstanding section 8903(e) of title 40, the authority for the construction of the World War II memorial provided by Public Law 103–32 (40 U.S.C. 8903 note) expires on December 31, 2005.
The World War II 50th Anniversary Commemorative Coins Act, referred to in subsec. (b)(1)(C) is Pub. L. 102–414, Oct. 14, 1992, 106 Stat. 2106, which is classified as a note under section 5112 of Title 31, Money and Finance.
2003—Subsec. (a)(2). Pub. L. 108–178, §4(h)(1), substituted “(40 U.S.C. 8903 note)” for “(40 U.S.C. 1003 note)”.
Subsec. (c)(1). Pub. L. 108–178, §4(h)(2), substituted “section 8906(b) of title 40” for “section 8(b) of the Commemorative Works Act (40 U.S.C. 1008(b))”.
Subsec. (e). Pub. L. 108–178, §4(h)(3), substituted “section 8906 of title 40” for “section 8 of the Commemorative Works Act (40 U.S.C. 1008)”.
Subsec. (h). Pub. L. 108–178, §4(h)(4), substituted “section 8903(e) of title 40” for “section 10 of the Commemorative Works Act (40 U.S.C. 1010)” and “(40 U.S.C. 8903 note)” for “(40 U.S.C. 1003 note)”.
(4) accept gifts of marks, copyrights, patents, and licenses for use by the Commission.
(b) Authority To Grant Licenses.—The Commission may grant exclusive and nonexclusive licenses in connection with any mark, copyright, patent, or license for the use of such mark, copyright or patent, except to the extent the grant of such license by the Commission would be contrary to any contract or license by which the use of the mark, copyright, or patent was obtained.
(c) Enforcement Authority.—The Commission may enforce any mark, copyright, or patent by an action in the district courts under any law providing for the protection of such marks, copyrights, or patents.
(d) Legal Representation.—The Attorney General shall furnish the Commission with such legal representation as the Commission may require under subsection (c). The Secretary of Defense shall provide representation for the Commission in administrative proceedings before the Patent and Trademark Office and Copyright Office.
(e) Irrevocability of Transfers of Copyrights to Commission.—Section 203 of title 17 shall not apply to any copyright transferred in any manner to the Commission.


text:
§ 3-3 Restriction on number.
§ 3-5 Application for license.
§ 3-6 License fees, expiration and renewal.
§ 3-7 Review of application by Building Inspector; compliance with other standards.
§ 3-8 Inspection of premises; issuance or denial of license.
§ 3-9 Display of license; nontransferability.
§ 3-10 Restrictions on use.
§ 3-11 Effect on existing game rooms.
§ 3-12 Revocation of license.
§ 3-13 Penalties for offenses.
§ 3-15 Severability; modifications of fees and regulations.
Electrical inspection — See Ch. 17.
The purpose of this chapter is to control the establishment of game rooms by licensing in order to determine whether premises containing game rooms comply with all fire, health, sanitary and building codes and laws and other applicable state and local laws, ordinances and regulations and to adopt rules and regulations governing the occupancy and use of each game room.
Any device maintained within a private residence for use of the occupants thereof or their guests.
A room or place used for and containing more than four amusement games and meeting the specifications prescribed in this chapter.
No person shall place or permit to be placed upon any premises owned by him or under his control as manager, proprietor, lessee or otherwise more than four amusement games, unless he shall have established an amusement game room in accordance with the provisions of this chapter.
No person shall operate an amusement game room in the Village of Brockport unless the person is licensed to do so pursuant to the provisions of this chapter.
The address of the premises where the game room is to be operated, together with the character of the business carried on at such premises if used other than exclusively as an amusement game room.
The name and address of the registered agent, if any, of the applicant upon whom service of process is authorized to be made.
The name, address and telephone number of the manager, if any, of the applicant, who shall be in charge of the applicant's amusement game room in the Village of Brockport.
The floor area of the amusement game room and the number of amusement games which the applicant proposes to place in the amusement game room.
Except as provided in the New York State Correction Law, Article 23-A, no license shall be issued for an amusement game room if the owner thereof or the applicant thereof has pleaded guilty to or been convicted of any crime.
The application shall contain a certification, under oath, made by the applicant or a principal officer thereof, if the applicant is other than a natural person, that the information contained in the application is complete, accurate and truthful to the best of his/her knowledge and belief.
If the establishment of the amusement game room necessitates construction, reconstruction, alteration or remodeling of a premises so that a building permit is required therefor, the application shall not be submitted until such time as the permit is obtained by the applicant. If a site plan approval is a prerequisite to the issuance of the building permit, the site plan review shall be completed prior to the submission of the license application.
The annual fee for each proprietor shall be $50 for each amusement game over four.
The license year shall be from June 1 to May 31 of each year, and all licenses shall expire on the 31st day of May each year.
The license shall be payable annually in advance and shall accompany the application for a license.
The license may be renewed by the licensee by payment to the Village Clerk of the fee in effect at the time of renewal.
The annual fee for each proprietor with four or less amusement games shall be $25.
The Village Clerk shall, within three working days of receipt thereof, forward a copy of the application to the Building Inspector for review and report.
No license shall be granted unless the premises in which the amusement game room is to be situate meets all requirements of fire, housing, building, sanitary, electrical and plumbing codes of the Village and any other applicable Village or state laws, rules and regulations, ordinances or local laws.
The Building Inspector shall review the application and, with the advice and assistance of such other Village personnel as may be necessary, except the Village Clerk-Treasurer, inspect the premises to ascertain whether the premises comply with all applicable fire, housing, building, sanitary, electrical and plumbing codes, state or local. The inspection and review shall be completed within 14 working days after date of receipt of the copy of the application by the Building Inspector or within seven working days of the final completion of any construction, alteration or remodeling of a premises authorized by a building permit after, if necessary, site plan review. Within six working days after completion of the inspection and review, the Building Inspector shall, by letter to the Village Clerk and a copy to the applicant, make his recommendations for or against issuing a permit with his reasons set forth, the denial of such license shall be subject to review by certiorari.
The license shall be posted in a conspicuous place in the amusement game room.
The license shall not permit any individual to bet or gamble on the premises in which the amusement game room is situate.
The licensee shall, at all times, maintain good order and shall not permit any disturbance, congestion or loitering within or outside the premises in which the amusement game room is situate.
No licensee shall refuse to cooperate fully with the Village Clerk, any law enforcement officer or agency of the Village Building Inspector.
The owner or operator of an amusement game room shall not allow it to be open or used unless it is under the control and supervision of a person at least 21 years of age who shall ensure that it is operated in compliance with these regulations.
There shall be no operation before 12:00 noon on Sundays.
There shall be no operation during school hours.
No minors shall be allowed after 9:00 p.m. Sundays through Thursdays, after 11:00 p.m. Fridays and Saturdays.
If any person shall have on the premises under his control four amusement games on the effective date of this chapter, the person shall apply for a game room license within 30 days after such effective date. The utilization of the amusement games by such person shall be permissible without a license pending a final determination by the Building Inspector on the application in accordance with the procedure prescribed in this chapter.
Every license issued hereunder is subject to revocation by the Board of Trustees, Village of Brockport, for the violation of any of the provisions of this chapter. Any material misstated or omitted in the license application shall constitute grounds for revocation. The revocation shall occur only after a hearing before the Board of Trustees, Village of Brockport.
The licensee shall be given 10 days' notice of the date of such hearing, and such notice shall state the grounds therefor. At such hearing, the licensee may submit pertinent information on his own behalf. The Board of Trustees, Village of Brockport, shall render its decision in writing within 10 days of the date of the hearing. A copy thereof shall be served on the licensee. If the decision is to revoke the license, the licensee shall forthwith cease the operation of amusement games on the premises.
Violations. Any person or persons, firm or corporation violating any of the provisions of this chapter will be guilty of an offense punishable by a fine of no less than $100 but not to exceed $250 or imprisonment not to exceed 15 days, or by both such fine and imprisonment. Each week's continuous violation shall constitute a separate additional violation. The Board of Trustees, Village of Brockport, shall have such other remedies as are allowable by law.
Complaints. Any individual may file a complaint. Such complaint shall be in writing and shall be filed with the Village of Brockport's Police Department. Such complaint shall immediately be investigated, and a written report thereon filed with the Board of Trustees, Village of Brockport, via the Village Clerk, within 30 days. The Board of Trustees, Village of Brockport, may, by majority vote, order a hearing as provided in § 3-12 above.
Civil action. In addition, the Board of Trustees, Village of Brockport, may authorize the institution of any appropriate civil action, including an action for injunction, for the purpose of enforcing this chapter.
This chapter shall not have application to the possession or operation of amusement games by nonprofit corporations, associations or groups unless the amusement games are available for use by the general public. Additionally, this chapter shall not have application to all premises holding a valid New York State liquor license where there is on-premises consumption of alcoholic beverages.
If any section or provision of this chapter shall at any time be declared unconstitutional, it is the expressed legislative intent that no other section or provision hereof be thereby affected. The Board of Trustees, Village of Brockport, may from time to time, on public notice, modify the fees herein established. The Board of Trustees, Village of Brockport, may hereafter adopt rules and regulations to govern the operation and control of amusement games and the issuance of licenses to provide for the orderly operation of amusement centers and to encourage the public safety, peace and tranquility of the neighborhood where the centers are located.

matches:
§ 3
§ 3
§ 3
§ 3
§ 3
§ 3
§ 3
§ 3
§ 3
§ 3
§ 3


Conn. Gen. Stat. § 51-279b. Racketeering unit. Bond forfeiture unit. Standards for compromise and settlement of forfeited bonds.
Fla. Stat. § 874.08. Criminal gang activity and recruitment; forfeiture.
Fla. Stat. § 874.12. Identification documents; unlawful possession or creation.
Nev. Rev. Stat. § 179.121. Forfeiture of Personal Property and Conveyances Used in Commission of Crime.
N.C. Gen. Stat. § 14-50.23. Contraband, Seizure, and Forfeiture.
Ohio Rev. Code § 2923.44. Criminal forfeiture of property relating to gang participation.
Utah Code § 24-4-117. State Asset Forfeiture Grant Program.


text:
The linked lists include readings which are categorised according to themes. These themes include the following: texts by Wittgenstein, texts about Wittgenstein, and texts about seeing aspects, language learning, being literate, literature, (cultural) practices, learning & knowing, and social inclusion & exclusion. Welcome. Please explore the themed reading lists. Click here to explore more.
Wittgenstein, L. (1967a). Remarks on Frazer’s Golden Bough. Synthese, 17, 233 – 253.
Wittgenstein, L. (1967b). Zettel. (G. E. M. Anscombe & G. H. von Wright, Eds.). Berkeley, CA: University of California Press.
Wittgenstein, L. (1969). On Certainty. (G. E. M. Anscombe & G. H. von Wright, Eds.). New York: Harper Torchbooks.
Wittgenstein, L. (1974). Philosophical Grammar. (R. Rhees, Ed.). Berkeley, CA: University of California Press.
Wittgenstein, L. (1978). Remarks on the Foundation of Mathematics. (G. H. von Wright, G. E. M. Anscombe, & R. Rhees, Eds.) (3rd ed.). Chicago: University of Chicago Press.
Wittgenstein, L. (1980a). Culture and value. Chicago: University of Chicago Press.
Wittgenstein, L. (1980b). Remarks on the Philosophical of Psychology, Vol. 1. (G. E. M. Anscombe & G. H. von Wright, Eds.). Oxford, UK: Blackwell Publishing.
Wittgenstein, L. (1982). Last writing on the philosophy of psychology: Vol 1, preliminary studies for Part II of Philosophical Investigations. (G. H. von Wright & H. Nyman, Eds.). Oxford, UK: Blackwell Publishing.
Wittgenstein, L. (1992). Last writings on the Philosophy of Psychology. Vol 2. The Inner and the Outer, 1949 - 1951. (G. H. von Wright & H. Nyman, Eds.). Oxford, UK: Blackwell Publishing.
For a full list of works by Ludwig Wittgenstein, refer to Wittgenstein's bibliography at the Stanford Encyclopaedia of Philosophy [online].
Affeldt, S. G. (2010). On the difficulty of seeing aspects and the “therapeutic” reading of Wittgenstein. In W. Day & V. J. Krebs (Eds.), Seeing Wittgenstein anew (pp. 268 – 288). Cambridge: Cambridge University Press.
Burbles, N., & Peters, M. (2010). Tractarian pedagogies. In M. Peters, N. Burbles, & P. Smeyers (Eds.), Showing and doing: Wittgenstein as a pedagogical philosopher (pp. 65 – 80). London: Paradigm Publishers.
Cavell, S. (1989). The new yet unapproachable America: lectures after Emerson after Wittgenstein. Chicago: University of Chicago Press.
Cioffi, F. (2010). Overviews: what are they of and what are they for? In W. Day & V. Krebs (Eds.), Seeing Wittgenstein anew (pp. 291 – 313). Cambridge: Cambridge University Press.
Edmonds, D., & Eidinow, J. (2001). Wittgenstein’s Poker: the story of a ten-minutes argument between two great philosophers. London: Faber and Faber.
Eldridge, R. (2010). Wittgenstein and aspect-seeing, the nature of discursive consciousness, and the experience of agency. In W. Day & V. Krebs (Eds.), Seeing Wittgenstein anew (pp. 162 – 179). Cambridge: Cambridge University Press.
Floyd, J. (2010). On being surprised: Wittgenstein on aspect-perception, logic and mathematics. In W. Day & V. Krebs (Eds.), Seeing Wittgenstein anew (pp. 314 – 337). Cambridge: Cambridge University Press.
Fogelin, R. (2009). Taking Wittgenstein at his word: a textual study. Princeton: Princeton University Press.
Gerrard, S. (1996). A philosophy of mathematics between two camps. In H. Sluga & D. Stern (Eds.), The Cambridge companion to Wittgenstein (pp. 171 – 197). Cambridge: Cambridge University Press.
Hacker, P. M. S. (2009). Wittgenstein’s Anthropological and Ethnological Approach. In J. P. Galvez (Ed.), Philosophical Anthropology: Wittgenstein’s Perspective (pp. 1 – 17). Piscataway, NJ: Transaction Books.
Hagberg, G. (2010). In a new light: Wittgenstein, aspect-perception, and retrospective change in self-understanding. In W. Day & V. Krebs (Eds.), Seeing Wittgenstein anew (pp. 101 – 119). Cambridge: Cambridge University Press.
Huemer, W. (2006). The transition from causes to norms: Wittgenstein on training. Grazer Philosophische Studien, 71(1), 205 – 225.
Kober, M. (1996). Certainties of a world-picture: the epistemological investigations of On Certainty. In H. Sluga & D. Stern (Eds.), The Cambridge companion to Wittgenstein (pp. 411 – 441). Cambridge: Cambridge University Press.
Krebs, V. (2010). The bodily root: seeing aspects and inner experience. In W. Day & V. Krebs (Eds.), Seeing Wittgenstein anew (pp. 120 – 139). Cambridge: Cambridge University Press.
McGinn, M. (2004). Seeing and aspect seeing: Philosophical Investigations, 398-401: Part II, section xi. In M. McGinn (Ed.), Routledge philosophy guidebook to Wittgenstein and the Philosophical Investigation (pp. 177 – 204). London: Routledge.
Minar, E. (2010). The philosophical significance of meaning-blindness. In W. Day & V. Krebs (Eds.), Seeing Wittgenstein anew (pp. 183 – 203). Cambridge: Cambridge University Press.
Monk, R. (1990). Ludwig Wittgenstein: the duty of genius. London: Vintage.
Moyal-Sharrock, D. (2013). Wittgenstein Today. In International Conference on Wittgenstein and Contemporary Philosophy and the Inaugural Meeting of the Chinese Wittgenstein Society. Beijing: Beijing Normal University.
Olssen, M. E. H. (2010). Discourse, Complexity, Life: Elaborating the Possibilities of Foucault’s Materialist Concept of Discourse. Beyond Universal Pragmatics. Interdisciplinary Communication Studies, 4, 25 – 58.
Peters, M. (2010a). Philosophy, therapy and unlearning. In M. Peters, N. Burbles, & P. Smeyers (Eds.), Showing and doing: Wittgenstein as a pedagogical philosopher (pp. 101 – 130). London: Paradigm Publishers.
Peters, M. (2010b). Wittgenstein as exile: a philosophical topography. In M. Peters, N. Burbles, & P. Smeyers (Eds.), Showing and doing: Wittgenstein as a pedagogical philosopher (pp. 15 – 34). London: Paradigm Publishers.
Pitkin, H. F. (1972). Wittgenstein and Justice. Berkeley, CA: University of California Press.
Scheman, N. (1996). Forms of life: mapping the rough ground. In H. Sluga & D. Stern (Eds.), The Cambridge companion to Wittgenstein (pp. 383 – 410). Cambridge: Cambridge University Press.
Shotter, J. (1996). Talking of saying, showing, gesturing and feeling in Wittgenstein and Vygotsky. Communication Review, 1(4), 471 – 495.
Smeyers, P. (2010). Images and pictures, seeing and imagining. In M. Peters, N. Burbles, & P. Smeyers (Eds.), Showing and doing: Wittgenstein as a pedagogical philosopher (pp. 81 – 100). London: Paradigm Publishers.
Smeyers, P., & Peters, M. (2010). “Perspicuous representation,” genealogy and interpretation. In M. Peters, N. Burbles, & P. Smeyers (Eds.), Showing and doing: Wittgenstein as a pedagogical philosopher (pp. 35 – 64). London: Paradigm Publishers.
Sterrett, S. G. (2005). Pictures of Sounds: Wittgenstein on Gramophone Records and the Logic of Depiction. Studies in History and Philosophy of Science Part A, 36(2), 351–362.
Sterrett, S. G. (2006). Wittgenstein flies a kite: a story of models of wings and models of the world. New York: Pi Press.
Carpenter, E. T. (1977). Wittgenstein’s “Language-Game” - A Tool For Cognitive Developmentalists. Transactions of the Nebraska Academy of Sciences and Affiliated Societies, (Paper 459), 161–163.
Cavell, S. (2010). The touch of words. In W. Day and V. Krebs (Eds), Seeing Wittgenstein anew. (pp. 81 - 98). Cambridge: Cambridge University Press.
Corder, S. P. (1967). The significance of learners’ errors. International Review of Applied Linguistics, 5, 160 – 170.
Day, W. (2010). Wanting to say something: aspect-blindness and language. In W. Day & V. Krebs (Eds.), Seeing Wittgenstein anew (pp. 204 – 224). Cambridge: Cambridge University Press.
Gibson, J. J. (1979). The ecological approach to visual perception. Boston: Houghton Miflin.
Newell, A. (1990). Unified theories of cognition. Cambridge, MA: Harvard University Press.
Newell, A., & Simon, H. A. (1972). Human problem solving. New York: Prentice-Hall.
Painter, C. (2003). Developing attitude: An ontogenetic perspective on appraisal. Text - the Hague Then Amsterdam Then Berlin, 23(2), 183 – 210.
Peters, M. (2010). Philosophy, therapy and unlearning. In M. Peters, N. Burbles, & P. Smeyers (Eds.), Showing and doing: Wittgenstein as a pedagogical philosopher (pp. 101 – 130). London: Paradigm Publishers.
Pylyshyn, Z. (1984). Computation and cognition. Cambridge, MA: MIT Press.
Scardamalia, M., & Bereiter, C. (1985). Fostering the Development of Self-regulation in Children’s Knowledge Processing. In S. F. Chipman, J. W. Segal, & R. Glaser (Eds.), Thinking and Learning Skills: Research and Open Questions. Hillsdale, NJ: Lawrence Erlbaum Associates.
Schwandt, T. (1994). Constructivist, interpretivist approaches to human inquiry. In N. Denzin & Y. Lincoln (Eds.), Handbook of qualitative research (pp. 118 – 137). Thousand Oaks: SAGE Publications.
Barlett, L., & Garcia, O. (2011). Additive schooling in subtractive times: bilingual education and dominican immigrant youth in the Heights (p. 304). Nashville: Vanderbilt University Press.
Chomsky, N. (1986). Knowledge of language: Its nature, origin, and use. New York: Praeger.
Dulay, H., Burt, M., & Krashen, S. (1982). Language two. Oxford, UK: Oxford University Press.
Ellis, R. (1997). Second language acquisition. Oxford, UK: Oxford University Press.
Fodor, J. (1975). The language of thought. Cambridge, MA: Harvard University Press.
Gass, S. M. (1997). Input, interaction, and the second language learner. Mahwah, NJ: Lawrence Erlbaum Associates.
Gee, J. (1996). Social linguistics and literacies: ideology in discourses (2nd ed.). London: The Falmer Press.
Gee, J. P. (1999). An Introduction to Discourse Analysis: theory and method. London: Routledge.
Halliday, M. A. K., & Matthiessen, C. M. I. M. (1999). Construing experience through meaning: A language-based approach to cognition. New York: Continuum.
Krashen, S. D. (1983). Principles and practices in second language acquisition. Oxford, UK: Oxford University Press.
Labov, W. (1972). Language in the inner city: Studies in Black English vernacular. Philadelphia: University of Pennsylvania Press.
Labov, W. (1974). The art of sounding and signifying. In W. Gage (Ed.), Language in its social setting (pp. 84 – 116). Washington D.C.: Anthropological Society of Washington.
Menken, K. (2013). Emergent bilingual students in secondary school: Along the academic language and literacy continuum. Language Teaching, 46(4), 438 – 476.
Painter, C. (1999). Preparing for school: developing a semantic style for educational knowledge. In F. Christie (Ed.), Pedagogy and the shaping of consciousness (pp. 66 – 87). London: Cassell.
Rickford, J. R., & Rickford, R. J. (2000). Spoken soul: The story of Black English. New York: John Wiley & Sons.
Smitherman, G. (1977). Talkin and testifin: The language of Black America. Boston: Houghton Miflin.
Tomasello, M., & Carpenter, M. (2007). Shared intentionality. Developmental Science, 10(1), 121 – 125.
Wells, G. (1999). Dialogic inquiry: toward a sociocultural practice and theory of education. Cambridge: Cambridge University Press.
Wolf, M., Gottwald, S., & Orkin, M. (2009). Serious word play: how multiple linguistic emphases in RAVE-O instruction improve multiple reading skills. Perspectives on Language and Literacy, 21 – 24.
Au, K. (1993). Literacy Instruction in Multicultural Settings. Fort Worth: Harcourt Brace Jovanovic College Publishers.
Au, K. (2001). Culturally responsive instruction as a dimension of new literacies. Reading Online, 5(1), 1–11.
Au, K. (2005). Multicultural issues and literacy achievement. Mahwah, NJ: Erlbaum.
Bereiter, C., & Scardamalia, M. (1987). The Psychology of Written Composition. Hillsdale, NJ: Lawerence Erlbaum Associates.
Bracewell, R., & Breuleux, A. (1994). Substance and romance in the analysis of think-aloud protocols. In P. Smagorinsky (Ed.), Speaking about writing: reflections on research methodology (pp. 55 – 88). Newbury Park, CA: SAGE Publications.
Bracewell, R., & Witte, S. (2008). Implications of practice, activity, and semiotic theory for cognitive constructs of writing. In J. Albright & A. Luke (Eds.), Pierre Bourdieu and literacy education (pp. 299 – 315). London: Routledge.
Cairney, T., & Ruge, J. (1998). Community literacy practices and schooling: toward effective support for students. Canberra City, ACT.
Chenowyth, N., & Hayes, R. (2003). The inner voice of writing. Writing Communications, 20, 99 – 118.
Gee, J. P. (2000). Identity as an analytic lens for research in education. Review of Research in Education, 25, 99 – 125.
Gee, J. P. (2001). Progressivism, critique, and socially situated minds. In C. Dudley-Marling & C. Edelsky (Eds.), The Fate of Progressive Language Policies and Practices. Urbana, IL: NCTE.
Grossman, S. (2012). Adolescent literacy: learning and understanding content. Future Child, 22(2), 89 – 116.
Haas, C. (1996). Writing technology: studies on the materiality of literacy. Mahwah, NJ: Lawrence Erlbaum Associates.
Halliday, M. A. K., & Martin, J. (1993). Writing science: Literacy and discursive power. Pittsburgh: University of Pittsburgh Press.
Hayes, J. R., & Flower, L. (1980). Identifying the Organization of Writing Processes. In L. W. Gregg & E. R. Steinberg (Eds.), Cognitive Processes in Writing. Hillsdale, NJ: Lawrence Erlbaum Associates.
Kucer, S. (2005). Dimensions of literacy: a conceptual base for teaching reading and writing in school settings (2nd ed.). London: Lawrence Erlbaum Associates.
Langer, J. (2001). Literature as an environment for engaged readers. In L. Verhoeven & C. Snow (Eds.), Literacy and motivation: reading engagement in individuals and groups (pp. 177 – 194). Hillsdale, NJ: Lawrence Erlbaum Associates.
Ogbu, J. (1987). Opportunity, structure, cultural boundaries and literacy. In J. Langer (Ed.), Language, literacy and culture: Issues of society and schooling. Norwood, NJ: Ablex.
Palinesar, A. S. (1987). Reciprocal Teaching. Instructor, 96(2), 5 – 60.
Philips, S. (1972). Participant structures and communicative competence: Warm Springs children in community and classroom. In C. Cazden, V. John, & D. Hymes (Eds.), Functions of language in the classroom. New York: Teachers College Press.
Rose, D., & Martin, J. (2012). Learning to write, reading to learn: genre, knowledge and pedagogy in the Sydney School. Sheffield: Equinox Publishing.
Scardamalia, M., & Bereiter, C. (1983). The Development of Evaluative, Diagnostic and Remedial Capabilities in Children’s Composing. In M. Martlew (Ed.), The Psychology of Written Language: A Developmental Approach. London: Wiley.
Semali, L. (1994). The Social and Political Context of Literacy Education for Pastoral Societies: The Case of the Maasai of Tanzania.
Semali, L. (1999). Community as classroom:(Re) valuing indigenous literacy. In What is indigenous knowledge? (pp. 95 – 118).
Sparks, D. (2003). Interview with Michael Fullan: Change agent. Journal of Staff Development, 24(1), 55 – 58.
Spivey, N. N. (1997). The constructivist metaphor: reading, writing, and the making of meaning. San Diego, CA: Academic Press.
Gibson, J. and Huemer, W. (Eds.) (2004) The literary Wittgenstein. London: Routledge.
Hagberg, G. (2010). In a new light: Wittgenstein, aspect-perception, and retrospective change in self-understanding. In W. Day and V. Krebs (Eds), Seeing Wittgenstein anew. (pp. 101 - 119). Cambridge: Cambridge University Press.
Huemer, W. (2012b). Cognitive dimensions of achieving (and failing) in literature. In J. Daiber, E.-M. Konrad, T. Petraschka, & H. Rott (Eds.), Understanding fiction (pp. 26–44). Munster: mentis.
Langer, J. (2001). Literature as an environment for engaged readers. In Verhoeven, L. and Snow, C. (Eds.), Literacy and motivation: reading engagement in individuals and groups (pp. 177 - 194). New Jersey: Lawrence Erlbaum Associates Publishers.
McDonald, L. (2013). A Literature Companion for Teachers. Newtown, NSW: Primary English Teaching Association Australia.
Nussbaum, M. (1995). Poetic justice: the literary imagination and public life. Boston: Beacon Press.
Floyd, J. (2010). On being surprised: Wittgenstein on aspect-perception, logic and mathematics. In W. Day and V. Krebs (Eds), Seeing Wittgenstein anew. (pp. 314 - 337). Cambridge: Cambridge University Press.
Fogelin, R. (2009). Wittgenstein on the philosophy of mathematics. In R. Fogelin, Taking Wittgenstein at his word: a textual study. (pp. 79 - 166). Princeton: Princeton University Press.
Gerrard, S. (1996). A philosophy of mathematics between two camps. In H. Sluga, H. and D. Stern (Eds.), The Cambridge companion to Wittgenstein. (pp. 171 - 197) Cambridge: Cambridge University Press.
Phillips, D. (1977). The social nature of mathematics. In D. Phillips, Wittgenstein and scientific knowledge. (pp. 119 - 141). London: MacMillan Press.
Plebani, M. (2010). Reconsidering Wittgenstein’s Philosophy of Mathematics.
Schoenfeld, A. H. (1983). Problem Solving in the Mathematics Curriculum: A Report, Recommendations and an Annotated Bibliography.
Bartholomaeus, P. (2013). Placed-based education and the Australian Curriculum. Literacy Learning: The Middle Years, 21(3), 17 – 23.
Burbles, N. (2010). Tacit Teaching. In M. Peters, N. Burbles, & P. Smeyers (Eds.), Showing and doing: Wittgenstein as a pedagogical philosopher (pp. 199 – 214). London: Paradigm Publishers.
Burbles, N., & Smeyers, P. (2010). The practice of ethics and moral education. In M. Peters, N. Burbles, & P. Smeyers (Eds.), Showing and doing: Wittgenstein as a pedagogical philosopher (pp. 169 – 182). London: Paradigm Publishers.
Cole, M., & Engestrom, Y. (1993). A cultural-historical approach to distributed cognition. In G. Salomon (Ed.), Distributed cognition: Psychological and educational considerations (pp. 1 – 46). Cambridge: Cambridge University Press.
Corbett, M. (2005). We’re a practical people: schooling and identity in a Canadian costal community. In AARE 2005 International Education Research Conference: Creative Dissent: Constructive Solutions. Parramatta: University of Western Sydney.
Corbett, M. (2007). Learning to leave: the irony of schooling in a costal community. Halifax, Newfoundland, Canada: Fernwood Publishing.
Fogelin, R. (2009). Rule following and the conceivability of a private language. In Taking Wittgenstein at his word: a textual study (pp. 13 – 78). Princeton, NJ: Princeton University Press.
Gibson, J. J. (1977). The theory of affordances. In R. Shaw & J. Bransford (Eds.), Perceiving, acting, and knowing: Toward an ecological psychology (pp. 67 – 82). Hillsdale, NJ: Lawrence Erlbaum Associates.
Haertel, E., Moss, P., Pullin, D., & Gee, J. P. (2008). Introduction. In P. Moss, D. Pullin, J. P. Gee, E. Haertel, & L. J. Young (Eds.), Assessment, equity, and opportunity to learn (pp. 1–16). Cambridge: Cambridge University Press.
Mehan, H. (2008). A Sociological Perspective on Opportunity to Learn and Assessment. In P. Moss, D. Pullin, J. P. Gee, E. Haertel, & L. J. Young (Eds.), Assessment, equity, and opportunity to learn (pp. 42–75). Cambridge: Cambridge University Press.
Moll, L. (1990). Introduction. In L. Moll (Ed.), Vygotsky and education: instructional implications and applications of sociohistorical psychology (pp. 1 – 27). Cambridge: Cambridge University Press.
Nelson, D. L. (2012). Implementing Mindfulness : Practice as the Home of Understanding. Paideusis, 20(2), 4–14.
Pierce, C. S. (1958). Collected papers of Charles Sanders Peirce (8 vols). (C. Hartshone Weiss & A. Burks, Eds.). Cambridge, MA: Harvard University Press.
Stern, D. (2000). Practices, practical holism and background practices. In M. Wrathall & J. Malpas (Eds.), Heidegger, Coping, and Cognitive Science: Essays in Honor of Hubert L. Dreyfus, Volume 2 (pp. 53–69). Cambridge, MA: MIT Press.
Tomasello. (2008). Why We Cooperate. Cambridge, MA: MIT Press.
Bransford, J., Brown, A. L., & Cocking, R. R. (2000). How people learn: Brain, mind, experience, and school: Expanded edition. Washington D.C.: National Academy Press.
Broadbent, D. (1975). The magical number seven after fifteen years. In Studies in long-term memory (pp. 3 – 28). New York: Wiley.
Burbles, N., Peters, M., & Smeyers, P. (2010). Showing and doing: an introduction. In M. Peters, N. Burbles, & P. Smeyers (Eds.), Showing and doing: Wittgenstein as a pedagogical philosopher (pp. 1 – 14). London: Paradigm Publishers.
DeGre, G. (1970). The sociology of knowledge and the problem of truth. In The sociology of knowledge (pp. 644 – 655). New York: Praeger.
DeStafano, J. (2012). Opportunity to learn: a guide to education project design based on a comprehensive literature and project review. Washington D.C.
Dooley, K. (2012). Positioning refugee students as intellectual class members. In M. Vickers & F. McCarthy (Eds.), Refugee and immigrant students: achieving equity in education (pp. 3 – 20). Charlotte, NC: Information Age Publishing.
Engestrom, Y. (1987). Learning by expanding. An activity theoretical approach to developmental research. Helsinki: Orienta Konsultit.
Gardner, H. (2000). The disciplined mind: beyond facts and standardized test, the K - 12 education that every child deserves. New York: Penguin Books.
Glenberg, A. M. (1997). What is memory for? Behavioral and Brain Sciences, 20, 1 – 55.
Haertel, E., Moss, P., Pullin, D., and Gee, J. P. (2008). Introduction. In P. Moss, D. Pullin, J.P. Gee, E. Haertel, and L. Young (Eds). Assessment, equity, and opportunity to learn (pp. 1-16). Cambridge: Cambridge University Press.
Jacob, E., & Jordan, C. (1993). Understanding minority education: Framing the issues. In E. Jacob & C. Jordan (Eds.), Minority education: Anthropological perspectives. Norwood, NJ: Ablex.
Lee, C. (2008). Cultural modelling as opportunity to learn: making problem solving explicit in culturally robust classrooms and implications for assessment. In P. Moss, D. Pullin, J.P. Gee, E. Haertel, and L. Young (Eds). Assessment, equity, and opportunity to learn (pp. 136-169). Cambridge: Cambridge University Press.
Schoenfeld, A. H. (1985). Mathematical Problem Solving. New York: Academic Press.
Semali, L., Grim, B., & Maretzki, A. (2007). Barriers to the inclusion of indigenous knowledge concepts in teaching, research, and outreach. Journal of Higher Education Outreach and Engagement, 11(2), 73 – 88.
Semali, L., & Maretzki, A. (2004). Valuing indigenous knowledges: Strategies for engaging communities and transforming the academy. Journal of Higher Education Outreach and Engagement, 10(1), 91 – 106.
Shotter, J. (1984). Social accountability and selfhood. Oxford, UK: Basil Blackwell.
Shotter, J. (1993). Conversational realities: the constructing of life through language. London: SAGE Publications.
Simon, H. (1978). Information-processing theory of problem solving. In Handbook of learning and cognitive processes: human information processing (Vol. 5) (pp. 271 – 295). Hillsdale, NJ: Lawrence Erlbaum Associates.
Winch, P. (1958). The idea of a social science. London: Routledge and Kegan Paul.
Bourdieu, P. (1985). The forms of capital. In J. G. Richardson (Ed.), Handbook of Theory and Research for the Sociology of Education (pp. 241–258). New York: Greenwood Press.
Bourdieu, P., & Passeron, J. (1990). Reproduction in education, society and culture (2nd ed.). London: SAGE Publications.
Bourdieu, P., & Wacquant, L. J. D. (1992). An invitation to a reflexive sociology. Chicago: University of Chicago Press.
Freire, P. (1998). Pedagogy of freedom: ethics, democracy and civic courage. Marylands: Rowman & Littlefield Publishers.
Peters, M. (2010). Wittgenstein as exile: a philosophical topography. In M. Peters, N. Burbles, & P. Smeyers (Eds.), Showing and doing: Wittgenstein as a pedagogical philosopher (pp. 15 – 34). London: Paradigm Publishers.

matches: V. V. V. V. V. V. V. V. V. V. V. V. V.


text:
In https://dbfamilylaw.wordpress.com/2015/06/10/lord-chancellors-guidance-on-exceptional-case-funding/ the Guidance issued by the Lord Chancellor after the case of R (ota Gudanaviciene & Ors) v The Director of Legal Aid Casework & Ors  EWCA Civ 1622 was reviewed. Reference was made at the end of that article to the prior question of whether or not the sparse amendments to the new Guidance (dated 9 June 2015) – for example with references to whether it is ‘necessary’ to grant funding (see eg paras 6 and 11) – are compatible with Human Rights Act 1998 (HRA 1998), especially s 6(1)? Is the approach of the new Guidance consistent with the duties of the Lord Chancellor under the European Convention 1950 as perceived by the recent Court of Appeal decisions in Gudanaviciene and the earlier JG v Lord Chancellor and ors  EWCA Civ 656?
(1) The Lord Chancellor must secure that legal aid is made available in accordance with this Part.
Such general provision as there remains for civil legal aid is provided for at s 9 (and in extensive schedules to the Act), and – at s 10 – for special legal aid (exceptional case determinations, the subject of this and the previous article) where European Convention 1950 may be breached, or thought to be at risk of being breached.
A consideration of ‘whether an unrepresented litigant is able to present his case effectively and without obvious unfairness’ (Gudanaviciene at ).
There is no obligation under the Convention to make legal aid available for all disputes in civil proceedings (Steel and Morris v UK(2005) 41 EHRR 22 at ; JG at ). That said the Convention was ‘intended to guarantee not rights that are theoretical or illusory but rights that are practical and effective’ (Airey v Ireland (1979) 2 EHHR 533 at ; Muscat v Malta (2012) Application no. 24197/10 at  quoted in JG).
‘The State must display diligence so as to secure to those persons the genuine and effective enjoyment of the rights guaranteed under Art 6’ (European Court in Muscat at )).
Consideration of these principles requires a consideration of all the circumstances of the case, of the underlying law in the case and of the relevant European Court jurisprudence (Gudanaviciene especially at ).
 In considering whether it is necessary to make civil legal services available, caseworkers should ask themselves whether a failure to do so would be a breach of Convention rights or enforceable EU rights by reference to the principles identified in this Guidance and in any relevant case law (emphasis supplied in the text) [citation of Gudanaviciene at  here].
 [The italicised passage was in the original guidance at para 12, and is preserved in the new para 13] Article 6(1) guarantees the right to a fair hearing and the right of access to the court for the purposes of the determination of a person’s civil rights and obligations. [Deleted from the original para 12] In certain very limited circumstances, legal aid may be required in order to guarantee the effective right of access to a court in civil proceedings. [New para 13 continues:] In certain circumstances, legal aid may be required in order to guarantee the effective right of access to a court in civil proceedings, or to prevent obvious unfairness. The Court of Appeal has confirmed that Article 6(1) does not require that funding be granted in “most or even many cases” [citation of Gudanaviciene at ], but caseworkers should not approach the applications for ECF with any preconception about the proportion of applications that are likely to succeed. Whether the Convention requires funding in any given case depends on a holistic assessment in each case.
The overarching question to consider is whether the withholding of legal aid would mean that the applicant is unable to present his case effectively and without obvious unfairness.
The threshold for consideration of grant (assuming an applicant is financially eligible) is ‘that it is necessary to make [civil legal aid] available to’ the applicant, because failure to do so would be a breach of his/her Convention rights; or the case worker fears there might be such a breach (LASPOA s 10(3)). Do these and other requirements of the Guidance translate this into a ‘diligent’ approach to grant of legal aid (see cases of Steel & Morris and Muscat (above) and Kerr (below))? In particular does the new Guidance by which case-workers are intended to assess applications, that it is ‘necessary’ to grant ECF legal aid, compliant with HRA 1998?
(1) In the determination of his civil rights and obligations…, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
 The question whether the provision of legal aid is necessary for a fair hearing must be determined on the basis of the particular facts and circumstances of each case and will depend, inter alia, upon the importance of what is at stake for the applicant in the proceedings, the complexity of the relevant law and procedure and the applicant’s capacity to represent him or herself effectively.
 The right of access to a court is not, however, absolute and may be subject to restrictions, provided that these pursue a legitimate aim and are proportionate. It may therefore be acceptable to impose conditions on the grant of legal aid based, inter alia, on the financial situation of the litigant or his or her prospects of success in the proceedings. Moreover, it is not incumbent on the State to seek through the use of public funds to ensure total equality of arms between the assisted person and the opposing party, as long as each side is afforded a reasonable opportunity to present his or her case under conditions that do not place him or her at a substantial disadvantage vis-à-vis the adversary.
However once a state has determined that a person’s means justify legal aid, that their civil rights are in issue and that their right to a trial risks real and obvious unfairness by a lack of legal advice and representation then, said the European Court in Muscat v Malta (above): ‘The State must display diligence so as to secure to those persons the genuine and effective enjoyment of the rights guaranteed under Art 6’ (at )).
Is there then a point at which the s 10(3) necessity threshold is achieved; and that from that threshold point – just as a doctor confronted by an injured patient must seek to help him or her – the LAA must switch to a supportive role? From then they must comply with their duty to provide support for the litigant in question within statutory limits. If this is so, how is this supportive role to be defined and to be translated into practice? And finally does the Guidance as now drafted achieve this?
36 Where caseworkers conclude that legal aid is required to be provided under section 10, this should be limited to the minimum services required to meet the obligation under ECHR or EU law. For example, it could be through providing assistance in the form of specific levels of service, or through limitations placed on funding certificates.
23 Caseworkers should consider whether the applicant would be incapable of presenting their case without the assistance of a lawyer. When considering this factor, caseworkers will need to bear in mind their assessment of case complexity, as this may affect the weight that needs to be given to some of the matters listed below.
most courts… are well used to assisting unrepresented parties in presenting or defending their cases against an opponent who has legal representation.
These three paragraphs do not paint the LAA in the light of a supportive department over-imbued with ‘diligence…to secure’ that services are provided. Para 36 does not present them in a forgiving light (bad losers, perhaps?) once they have accepted that funding should be provided.
Can a case be presented by an applicant ‘without obvious unfairness’?
Given the facts of the case and the issues at large what is the law which may reasonably be said to be involved in dealing with the case?
What is the procedure by which the case is to be dealt with and are there any particular procedural issues which may arise which an unrepresented litigant might be expected not to anticipate or to deal with?
Can an unrepresented litigant be expected, without obvious unfairness, to deal with these features of law and procedure, and thereby secure a fair trial?
If not what level of assistance should the LAA provide to applicants (see Kerr below)?
If the LAA can show they have assessed and fully considered each of these features of an individual case (with the attitude suggested for welfare benefits claimants by Lady Hale in Kerr) and the threshold has been reached, then the LAA’s role changes. The Agency ‘must display diligence so as to secure to those persons the genuine and effective enjoyment of the rights guaranteed under Art 6’ (European Court in Muscat at ).
It may not feel like it to applicants for legal aid and their lawyers; but legal aid is intended to be a co-operative venture between applicant, lawyer and the LAA – the ‘stakeholders’ as they used to be called. The scheme, introduced on 30 July 1949 under Legal Aid Act 1949, was part of the Beveridgeian welfare state introduced by the 1945 Labour government. It is part of a citizen’s right: alongside health, education and the variety of other services developed in 1945-50.
 What emerges from all this is a co-operative process of investigation in which both the claimant and the department play their part. The department is the one which knows what questions it needs to ask and what information it needs to have in order to determine whether the conditions of entitlement have been met. The claimant is the one who generally speaking can and must supply that information. But where the information is available to the department rather than the claimant, then the department must take the necessary steps to enable it to be traced.
 The benefits system is necessarily enormously complex. This was true even in the early days, when it was mainly based on flat rate contributory benefits, and means tested benefits were seen as a safety net but not the norm. It has become even more so with increasing attempts to target benefits upon the most needy…The general public cannot be expected to understand these complexities. Claimants should not be denied their entitlements simply because they do not understand them. It has been a consistent objective of social security administration over the years to devise user-friendly forms and procedures to enable the benefits agencies to discover whether or not a claimant is entitled to benefit.
These are surely the standards by which the Guidance for ECF should be judged? On present drafting of the Guidance, it seems likely that the present ECF scheme is not compliant with HRA 1998 s 6(1). By contrast, if the Lord Chancellor can show that the LAA has complied with the list of assessment factors set out above, in a positive way and in each individual case, he can probably show he has complied with his duties under LASPOA ss 1 and 10 and HRA 1998 s 6(1). If he cannot show this – and the Guidance is not evidence of ‘diligence’ in securing legal aid provision or of the type of approach described by Kerr – then perhaps the Lord Chancellor’s operation of the legal aid scheme in not Convention compliant.
Instead of this present administration improving access to justice, the retrograde steps with Grayling’s swingeing cuts right through to Gove’s hatchet-jobs on Legal Aid, are more often than not serving to block it, often for those who deserve it most – by ever polarising society into simple haves (who can afford to get justice) and have-nots (who can’t) as we increasingly witness a dichotomy between access to court and access to justice. A right is not a right unless engaged and secured in practice and a court is not a court unless it determines the issues before it fairly and objectively – the whole situation descends into farce and risks becoming a mockery of justice.

matches:
EWCA
EWCA
Application no. 24197
Art 6
Art 6
Art 6