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2. Modern proposals for improving EnglishDilsuz Ziyirova Abdijalilovna, Thomas Allan Heller, 2024, original scientific article Abstract: In this article, the modern methods of English language teaching, which are widely used today in the higher educational institutions and legal educational institutions of our republic, are identified, fundamental, linguistic, sociocultural, and communicative methods are comparatively analyzed, and their role and importance in the educational process is shown. Keywords: English, fundamental, communication, linguistics, intensive, teaching Published in DKUM: 29.08.2025; Views: 0; Downloads: 3
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3. Abortion from countries A to U : a comparative analysis of abortion laws and attitudes in America and UzbekistanThomas Allan Heller, Dilsuz Ziyirova Abdijalilovna, 2024, original scientific article Abstract: This paper compares and analyses abortion laws in the United States, one of the world’s oldest democracies, to those in Uzbekistan, an ancient middle Asian country that gained its independence from the Soviet Union in 1991. The authors examine both the United States and Uzbekistan constitutions and other laws regulating abortion and other reproductive rights. Regarding the United States, it tracks key abortion decisions from the Supreme Court. The authors also explore general attitudes about abortion and reproductive rights in both countries. Keywords: reproductive rights, right to privacy, right to contraceptives, abortion, comparative law Published in DKUM: 28.08.2025; Views: 0; Downloads: 5
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4. How the use of fees, fines and bail have been used to criminalize poverty : can reforms help put the genie back in the bottle?Thomas Allan Heller, 2024, original scientific article Abstract: The rallying cry of many American politicians is Law and Order. This tactic wins votes. As a result of its Wars on Crime, Drugs, and the Impoverished, America has the highest rate of incarceration in the world. This article explores how, over the past few decades, politicians have charged criminal defendants every imaginable fee and fine as they wind their way through the criminal justice system in order to fund the massive prison complex that the politicians do not want to tax Americans for. These tactics have criminalized poverty, as they disproportionately impact the most marginalized in American society. These abusive and unfair tactics have drawn scrutiny from policymakers in recent years, including the American Bar Association, which adopted stringent guidelines to help inform policymakers of this critical problem in an effort to reign in the abusive use of fees and fines. The paper discusses recent reforms, many at the urging of the Department of Justice, Office for Access to Justice, in conjunction with the ABA. It discusses the main Supreme Court cases that considered the Excessive Fines Clause of the Eighth Amendment. Keywords: excessive criminal fees and fines, mass incarceration, prison reform, criminalization of the poor, eighth amendment jurisprudence, criminal justice reform Published in DKUM: 13.08.2025; Views: 0; Downloads: 7
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5. Collected Papers of Thomas A. HellerThomas Allan Heller, 2025 Abstract: The monograph »Collected Papers of Thomas A. Heller« brings together the significant scholarly contributions of Thomas Heller, an esteemed American legal expert whose academic influence has resonated well beyond the borders of his home country. In his academic writings, Heller explored a broad spectrum of legal topics, reflecting both the depth of his expertise and the diversity of his intellectual interests. His work addressed important issues in criminal and civil procedure (such as attorney fees, remedies), topics that lie at the core of any legal system and continue to provoke scholarly debate. Particularly noteworthy are his contributions related to medical-legal issues such as medical malpractice, vaccination policies, and abortion law, mainly last analyzed through the lens of recent and landmark judicial decisions in the US. These topics are of enduring legal, ethical, and social significance. In addition, he also contributed to the field of English legal writing and composition, helping to clarify and elevate the standard of the English language. Keywords: criminal and civil procedure, obligatory insurance, human rights, medical law, English language Published in DKUM: 14.07.2025; Views: 0; Downloads: 8
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6. Vaccines immunize people; legislation immunizes vaccine manufacturers. Legislation in the United States Regulating liability for the manufacture, distribution and administration of vaccinesThomas Allan Heller, 2021, original scientific article Abstract: Infectious diseases have caused widespread misery, and have wreaked havoc physically, mentally, economically, politically, and socially. Fortunately, in more recent years, scientists have developed vaccines. Vaccines are generally very safe, but cause side effects in a small percentage of cases. The United States Congress has passed two major pieces of legislation that provide sweeping tort immunity to vaccine manufacturers and others. In 1986 Congress passed the National Childhood Vaccine Injury Act (NCVIA) and in 2005 it passed the Public Readiness and Emergency Preparedness Act (PREP ACT). Both Acts were passed to encourage manufacturers to develop vaccines, particularly in times of public emergencies, in exchange for expansive liability protection. Both Acts established no-fault type compensation schemes to compensate those suffering injury or death from vaccines without having to resort to typical litigation. The author discusses both Acts in detail, in the context of the current Covid-19 crisis. Keywords: vaccines, pandemics, Public Readiness and Emergency Preparedness Act, immunity from liability, National Childhood Vaccine Injury Act Published in DKUM: 19.08.2024; Views: 68; Downloads: 11
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7. If at first you do not succeed : an overview of remedies available in the United States Courts of AppealsThomas Allan Heller, 2022, original scientific article Abstract: In the United States federal court system, from a procedural standpoint, it has been the historic policy that appeals to the Courts of Appeal lie only from final decisions by the district courts. This policy, dubbed the final judgment rule, is designed to prevent a piecemeal approach to appellate practice, and to enhance efficiency and fairness. Applied overly strictly, the rule can often lead to unfair results, and even irreparable harm. This article catalogues the primary exceptions to the final judgment rule, and discusses those instances when interlocutory appeals may be taken short of district court rulings disposing of all issues as to all parties, that is, final judgments. Keywords: appeals, final judgment rule, collateral orders doctrine, interlocutory appeals, mandamus, appeal administrative orders, class actions Published in DKUM: 17.06.2024; Views: 136; Downloads: 18
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8. The current status of the preclusive effects of judgments in the federal court system of the United States of AmericaThomas Allan Heller, 2020, original scientific article Abstract: Res judicata law in the United States of America has a long, extensive and complex history. The aim of this paper is to provide at least a working summary of some of the most important aspects of the current res judicata law in the federal court system of the United States. The flexible discovery, pleading and joinder rules have given rise to more expansive res judicata law. The paper will discuss what exactly constitutes a judgment; how the federal courts deal with finality of judgments in multiple party and multiple claim cases; the final judgment rule; the form of judgments; the methods to enter judgments and significance of entry of judgments; together with a detailed overview of the doctrine of res judicata itself, including the separate, but related twin doctrines of claim preclusion and issue preclusion. Keywords: res judicata, merger and bar, claim preclusion, issue preclusion, collateral estoppel, finality of judgments, US Federal District Courts, civil procedure Published in DKUM: 15.01.2021; Views: 774; Downloads: 12
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9. Obligatory insurance as a form of social engineering : a comparison paper between the United States, Italy, Aruba and PolandThomas Allan Heller, Silvia Rigoldi, Jessica Burgos, Mateusz Sasinowski, 2019, original scientific article Abstract: Insurance has been around for centuries. Traditionally, it has been purchased to protect the purchaser, namely, the insured. Over time, the insurance industry has developed an increasing number of products, so that at present one can purchase insurance to cover nearly every risk imaginable. The concept of mandatory or obligatory insurance is a fairly recent development. It traces its origins to the widespread use of the motor vehicle and also employment. Obligatory insurance is designed to protect certain classes of persons, such as workers and those who sustain injury and damage at the hands of others. In this article, the authors compare the current state of obligatory insurance in four democratic countries: the United States, Italy, Aruba and Poland. The aim of the article is to catalogue the similarities and differences in obligatory insurance in those four countries. The countries studied all have obligatory insurance designed to offer some degree of protection to workers injured on the job, and in the course and scope of their work, and to those involved in vehicular collisions. The other primary takeaway from our research is that, predictably, there is less obligatory insurance in the United States than in the other countries studied. Keywords: obligatory insurance, obligatory motor vehicle insurance, obligatory health insurance, obligatory professional liability insurance, workers, compensation insurance, social insurance Published in DKUM: 15.01.2021; Views: 898; Downloads: 23
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10. An overview of medical malpractice law in the United States including legislative and the health care industry's responses to increased claimsThomas Allan Heller, 2017, review article Abstract: Medical Malpractice claims are frequently asserted in the United States. At various time and places, an extraordinarily high number of claims and payouts led to what some have called medical malpractice crises. Consequently, in some geographical locations physicians either could not purchase malpractice insurance as carriers withdrew from the market, or, insurance became increasingly expensive and the overall costs associated with the delivery of health care continued to rise. Other undesirable consequences of these crises included a shortage of qualified physicians in certain parts of the country. Many of the states responded to these problems legislatively through a long series of tort reform measures. The health care industry itself has evolved in numerous ways. In particular, many health care providers have turned away from traditional private insurance models to self-insured models such as captives. Further, the industry has continued to consolidate, with fewer, but larger hospitals and clinics, and with an increasing number of physicians employed directly by hospitals and large clinics. The results of all of these changes have had mixed results. Keywords: medical malpractice, defensive medicine, medical malpractice crises, tort reform, consolidation of health care industry, group captives Published in DKUM: 09.10.2018; Views: 1437; Downloads: 218
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