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Supreme Court Decision (supreme + court_decision)

Distribution by Scientific Domains
Humanities and Social Sciences50%
Law and Criminology30%

Selected Abstracts

The Public Response to Controversial Supreme Court Decisions: The Insular Cases

JOURNAL OF SUPREME COURT HISTORY, Issue 3 2005
BARTHOLOMEW H. SPARROW
In the Insular Cases, the Supreme Court established a new category of areas and persons coming under the sovereignty of the United States. Added to (1) the member states of the Union and (2) the existing territories (and states to be), was (3) territory "belonging to" the United States, but not a part of it. Justice Edward White proposed this doctrine,that territories were of two types, "incorporated" territories, those fit to be states, and non-incorporated territories, to be the property of the United States,in his concurring opinion in Downes v. Bidwell.1 Congress could govern these latter territories as it wished, subject to "fundamental" protections under the Constitution, those protecting individual liberties rather than those granting political participation. [source]

So mechanical or routine: The not original in Feist

JOURNAL OF THE AMERICAN SOCIETY FOR INFORMATION SCIENCE AND TECHNOLOGY, Issue 4 2010
Julian Warner
The United States Supreme Court case of 1991, Feist Publications, Inc. v. Rural Tel. Service Co., continues to be highly significant for property in data and databases, but remains poorly understood. The approach taken in this article contrasts with previous studies. It focuses upon the "not original" rather than the original. The delineation of the absence of a modicum of creativity in selection, coordination, and arrangement of data as a component of the not original forms a pivotal point in the Supreme Court decision. The author also aims at elucidation rather than critique, using close textual exegesis of the Supreme Court decision. The results of the exegesis are translated into a more formal logical form to enhance clarity and rigor. The insufficiently creative is initially characterized as "so mechanical or routine." Mechanical and routine are understood in their ordinary discourse senses, as a conjunction or as connected by AND, and as the central clause. Subsequent clauses amplify the senses of mechanical and routine without disturbing their conjunction. The delineation of the absence of a modicum of creativity can be correlated with classic conceptions of computability. The insufficiently creative can then be understood as a routine selection, coordination, or arrangement produced by an automatic mechanical procedure or algorithm. An understanding of a modicum of creativity and of copyright law is also indicated. The value of the exegesis and interpretation is identified as its final simplicity, clarity, comprehensiveness, and potential practical utility. [source]

A ,sea change' for collective bargaining as the U.S. Supreme Court permits unions to agree to arbitration for discrimination claims

ALTERNATIVES TO THE HIGH COST OF LITIGATION, Issue 5 2009
Christopher Walsh
Last month's U.S. Supreme Court decision in 14 Penn Plaza LLC v. Pyett may signal a big change in the skills needed by labor arbitrators, according to Christopher Walsh, of Newark, N.J. He analyzes the case and tells readers what to expect as a result of Justice Clarence Thomas's majority opinion. [source]

Sexual Orientation Discrimination and Its Challenges for Nonprofit Managers

NONPROFIT MANAGEMENT & LEADERSHIP, Issue 1 2000
Dennis W. Hostetler
In the wake of the recent New Jersey Supreme Court decision, Dale v. Boy Scouts of America and Monmouth Council Boy Scouts (1999), this article examines the issue of sexual orientation discrimination and the challenges it presents nonprofit managers. Because of regional shifts in public opinion, the enactment of nondiscrimination laws at the state and local level, and now a state Supreme Court interpreting state law to include the Boy Scouts of America (BSA) as a "public accommodation," nonprofit managers may face a more complex legal and moral environment. It is hoped that this article will challenge nonprofit managers to carefully reexamine their membership and personnel policies with respect to lesbians and gay men and begin preparing their organizations for this cultural change. [source]

No "Rip Van Winkles" Here: Amish Education Since Wisconsin v. Yoder

ANTHROPOLOGY & EDUCATION QUARTERLY, Issue 3 2006
David L. McConnell
This study examines the educational implications of the shift in economic livelihood in a Ohio Amish community since a landmark 1972 Supreme Court decision paved the way for control of their schools. The clash between tradition and economic pragmatism, and their multiple interpretations, has led to diverse educational pathways, including public schools, charter schools, homeschooling, GED programs, and vocational courses. The diverse ways in which the Amish continue to renegotiate social boundaries with their English neighbors suggests the need for more attention to internal diversity in the anthropological study of schooling in so called "folk societies." [source]

THE APPRENDI-BLAKELY CASES: SENTENCING REFORM COUNTER REVOLUTION?

CRIMINOLOGY AND PUBLIC POLICY, Issue 3 2007
RICHARD S. FRASE
Recent Supreme Court decisions have extended jury trial rights and beyond-reasonable-doubt proof standards to certain sentence-enhancement facts. The first two cases, Apprendi v. New Jersey and Ring v. Arizona, were narrow in scope and relatively uncontroversial. But Blakely v. Washington marked a substantial expansion of the rationale and scope of Apprendi, and threatened to invalidate entire sentencing reform systems, both legally-binding guidelines of the type at issue in Blakely and it's sequel, Booker v. United States, and statutory determinate sentence systems like the one invalidated in Cunningham v. California. Each of these decisions has potential effects not only on sentencing severity and disparity in the cases controlled by that decision, but also on prosecutorial, legislative, and sentencing commission measures designed to comply with the decision, avoid it, and/or mitigate its impact. Field resistance and avoidance measures are likely to be stronger in jurisdictions where the existing sentencing system enjoyed broad support; in such jurisdictions, resistance may be particularly strong to the more controversial Blakely ruling. Impact assessments must therefore carefully distinguish the separate impacts of Apprendi and Blakely in each jurisdiction being studied, and the extent of support for the existing sentencing system. Such assessments should also examine pre-existing trends and other independent sources of change; leadership by sentencing commissions or other officials in crafting responsive measures; structural and other features of the sentencing system which render compliance more or less difficult; and second-stage effects, on sentencing, prosecutorial, or sentencing policy decisions, that reflect the prior compliance, avoidance, and mitigation measures adopted in that jurisdiction. The greatest long-term effects may be on prosecutorial, legislative, and commission decisions, rather than on sentencing outcomes. [source]

The Clerk, the Thief, His Life as a Baker: Ashton Embry and the Supreme Court Leak Scandal

JOURNAL OF SUPREME COURT HISTORY, Issue 1 2002
John B. Owens
On December 16, 1919, Ashton Fox Embry, law clerk to Supreme Court Justice Joseph McKenna, abruptly resigned from the position he had held for almost nine years. His explanation? His fledgling bakery business required his undivided attention. Newspapers that morning hinted at a different reason: Embry resigned because he had conspired with at least three individuals to use inside knowledge of upcoming U.S. Supreme Court decisions to profit on Wall Street.2 A grand jury returned an indictment against Embry and his associates a few months later, and Embry's argument that he had committed no crime ultimately reached the Supreme Court, the very institution he was accused of betraying. Despite the sensational headlines and fierce legal battle arising from his indictment, the United States Attorney quietly dismissed Embry's case in 1929, almost ten years after the story had broken. Few Court scholars have ever heard of Embry, and the memory of Embry, much like the case against him, has disappeared with time.3 This article unravels the "Supreme Court Leak Case" by reconstructing what happened almost eighty years ago. [source]

Fragmentation of Power and the Emergence of an Effective Judiciary in Mexico, 1994,2002

LATIN AMERICAN POLITICS AND SOCIETY, Issue 1 2007
Julio Ríos-Figueroa
ABSTRACT Legal reforms that make judges independent from political pressures and empower them with judicial review do not make an effective judiciary. Something has to fill the gap between institutional design and effectiveness. When the executive and legislative powers react to an objectionable judicial decision, the judiciary may be weak and deferential; but coordination difficulties between the elected branches can loosen the constraints on courts. This article argues that the fragmentation of political power can enable a judiciary to rule against power holders' interests without being systematically challenged or ignored. This argument is tested with an analysis of the Mexican Supreme Court decisions against the PRI on constitutional cases from 1994 to 2002. The probability of the court's voting against the PRI increased as the PRI lost the majority in the Chamber of Deputies in 1997 and the presidency in 2000. [source]

"An Informal and Limited Alliance": The President and the Supreme Court

PRESIDENTIAL STUDIES QUARTERLY, Issue 2 2008
BRETT W. CURRY
Presidential influence transcends some of the barriers imposed by the separation of powers to influence decision making by the Supreme Court. Specifically, we test Robert Scigliano's proposition that an informal and limited alliance exists between the president and the Court. The analysis utilizes Supreme Court decisions on civil rights and civil liberties cases from 1953 to 2000 to assess the effects of the presidency, Congress, judicial policy preferences, and legal factors on the Court. The findings demonstrate that presidential ideology influences Court decisions, while the effects of Congress are more conditional and limited. The results provide support for Scigliano's notion of an informal alliance. [source]

IMPROVING THE ENFORCEMENT OF RESTRAINING ORDERS AFTER CASTLE ROCK V. GONZALES*

FAMILY COURT REVIEW, Issue 2 2007
Mandeep Talwar
After the U.S. Supreme Court's decision in Castle Rock, reliance on domestic violence restraining orders does not offer the solution in and of itself. Our legal system needs to provide greater protection for victims of domestic violence. This note explores ways to use risk assessment tools to augment restraining orders, in addition to examining integrated domestic violence courts that take a proactive approach to aiding victims of abuse. [source]