Showing papers on "Majority opinion published in 1970"

Toward and Beyond a Theory of Supreme Court Impact

Abstract: It is often presumed that the hierarchical organization of the American judiciary centralizes much lawmaking authority within appellate courts and that trial courts generally defer to the Supreme Court in deciding cases of constitutional law. The operation of this role constraint on lower courts is illustrated by the Indiana Supreme Court’s reaction to Henry Miller’s Tropic of Cancer, which was involved in a local obscenity case. After expressing distaste for the book, the Indiana Court deferred to the authority of the superordinate court and reversed the conviction:

The Supreme Court and American Trade Associations, 1921–1925

Abstract: In the 1920's, the Supreme Court reversed its previously hostile position on the legality of many activities of trade associations. Professor Carrott finds that the primary cause of the court's shift lay in the changing social milieu of the decade, as the older insistence on rigorous competition was supplanted by an emphasis on the value of cooperation in business.

Forward planning in the United Kingdom for anti-V.D. education.

Abstract: The majority opinion in the United Kingdom considers the problem of venereal diseases as one facet of the problem of sexual promiscuity which in turn is a facet of the problem of mental health and human relations. An active campaign to promote and improve education in personal relationships emphasizing personal responsibility is under consideration. Areas for future research are: 1) identification of special high risk groups 2) attitudes of the risk groups and the community in general and 3) means of influencing behavior.

Enter the Burger Court: The Constitutional Business of the Supreme Court, O.T. 1969

Abstract: Last Term, for the first ime in sixteen years, the center chair of the high bench was occupied by a new Chief Justice. Warren Earl Burger, like his immediate predecessor, is a genial man. Unlike his immediate predecessor, Burger comes to the Court with long judicial experience. He is the first Chief Justice of the United States to be promoted to that office directly from a lower federal court. His earlier judicial experience may comfort he new Chief; his affability may relieve tensions that a more acidulous personality would only exacerbate. But neither the experience nor the temperament will solve the essential problems with which the Court is faced. For the Supreme Court of the United States is like no other court in the world. And its Justices are not likely to be cajoled into decisions. Nevertheless, it must be acknowledged that, for many, the Supreme Court takes on the coloration of its presiding officer. Still others assert hat, at times, if the Chief Justice is to be the leader it is he who must ake on the coloration of the Court. The facts are, of course, that the processes of change are subtle and complicated. Certainly the accession to office of any new Supreme Court Justice must make a difference inhow that institution works. Some of the changes are quick and visible. Others evolve slowly and are often

Has Gault Changed the Juvenile Court Concept

Abstract: The 1967 decision of the U.S. Supreme Court in the Gault case, which extended certain constitutional rights to children appear ing in juvenile courts for alleged delinquency, has influenced some courts to adopt criminal court procedures, with prosecutors appearing in behalf of the state. The Supreme Court appears to have rejected the principle that the right of a child is not to liberty but to custody.