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Majority opinion

About: Majority opinion is a research topic. Over the lifetime, 4107 publications have been published within this topic receiving 54845 citations. The topic is also known as: opinion of the court.


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Journal ArticleDOI
Nick Robinson1
TL;DR: In this paper, the authors analyzed the Indian Supreme Court's docket from 1993 to 2011 and found that the Court is disproportionately accessed by those close to Delhi and with more resources.
Abstract: This article analyzes the Indian Supreme Court’s docket in detail from 1993 to 2011. It also draws on available data to describe more broadly the workings of the Court before 1993. The article explains how deficiencies in the way data is currently collected and categorized by the Court presents challenges in developing a full picture of its workload. Using this unique, albeit admittedly imperfect, data set, it then analyzes the Supreme Court’s caseload by geographic region of appeal, subject-matter category, petition type, and other available classifications. Amongst other findings, this analysis shows the Court is disproportionately accessed by those close to Delhi and with more resources and that the Supreme Court’s multiplicity of benches and cases may be undercutting the following of precedent in the Indian judicial system.

12 citations

Posted Content
TL;DR: The most recent confrontation with race-based affirmative action, Fisher v. University of Texas, did not live up to people's expectations or their fears as mentioned in this paper, and the Court did not explicitly change the current approach in any substantial way.
Abstract: The Supreme Court’s most recent confrontation with race-based affirmative action, Fisher v. University of Texas, did not live up to people’s expectations — or their fears. The Court did not explicitly change the current approach in any substantial way. It did, however, signal that it wants race-based affirmative action to be subject to real strict scrutiny, not the watered-down version featured in Grutter v. Bollinger. That is a significant signal, because under real strict scrutiny, almost all race-based affirmative action programs are likely unconstitutional. This is especially true given the conceptual framework the Court has created for such programs — the way the Court has set up the constitutional analysis. On the other hand, the Court’s conceptual framework is wildly, almost absurdly, wrong. This Article will discuss the way the Court has set up the constitutional analysis of affirmative action and why it is wrong. It will do so in the form of a list — a list of the propositions we must accept if we are to take the Court’s affirmative action jurisprudence at face value. Some of these are things that the Court has said explicitly, and others are inferences I feel it is fair to draw. Not all of them command majority support, and when they do not, I note that. Some of them, I hope, bear their absurdity on their face; for others, I offer some explanation of why I think they do not make sense. In all, I hope this list supports the assessment I give my first-year constitutional law students: of all the areas of the Court’s jurisprudence we cover in our survey of constitutional law, the handling of race-based affirmative action is the least defensible.

12 citations

Journal ArticleDOI
TL;DR: The United States Supreme Court's 1954 decision, which declared racially segregated schools unconstitutional, subsequent litigation in that area before the Court has resulted in several major changes. as discussed by the authors assesses the nature of those changes as well as modifications in the Court's attitude toward equal rights issues.
Abstract: Since the United States Supreme Court's 1954 decision, which declared racially segregated schools unconstitutional, subsequent litigation in that area before the Court has resulted in several major changes. This paper assesses the nature of those changes as well as modifications in the Court's attitude toward equal rights issues. The changes are: standing to sue — the Court has narrowed qualifications for individuals who may sue a school district and has made it more difficult to bring class ac tion suits; test to evidence — in several school integration cases, the Court has shifted the burden of proof from the school district to the plaintiffs; de jure/de facto distinction — the Court has narrowed the distinction and has determined that de facto school segregation is not illegal unless plaintiffs can prove intent by the school district to segregate; and remedies required to integrate a segregated school district are now limited to the amount of the infraction. Current attitudes of the Court toward other ...

12 citations

Book
15 Oct 1984

12 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202313
202238
202114
202027
201923
201820