Showing papers on "Supreme Court Decisions published in 1987"

Legal and ethical duties of health care professionals to incarcerated children.

Abstract: (1987). Legal and ethical duties of health care professionals to incarcerated children. Journal of Legal Medicine: Vol. 8, No. 2, pp. 191-263.

Content-Analytic Techniques and Judicial Research

Abstract: Content analysis is used widely by judicial scholars to classify judicial decisions and opinions. Unfortunately, much of the existing research either ignores or is insensitive to the demands of this methodology, resulting in findings based on potentially faulty data. Content analysis techniques and standards are discussed in this article which would likely produce highly reliable data. A case study involving U.S. Supreme Court decisions is also presented to demonstrate these techniques and to discuss options for researchers when less than fully reliable data are produced.

The Supreme Court and the Definition of "Security": The"Context" Clause, "Investment Contract" Analysis, and Their Ramifications

Abstract: The article begins by discussing Marine Bank v. Weaver in context of other Supreme Court decisions involving federal securities law. Part II of the Article offers an overview of Supreme Court decisions construing the definition of "security" and concludes with an examination of the Court's analysis in Weaver. Part III explores the Court's use of the "context" clause preceding the statutory definition as a vehicle for expanding or contracting the securities acts' scope and analysis and the potential ramifications of that approach and focuses particular attention on the problems that arise from the Court's treatment of certificates of deposit. Part IV addresses the present state of "investment contract" analysis and assesses the continued validity of the Howey test for determining the presence of a security. Part V seeks to expose the Court's misunderstanding of congressional intent in its application of the securities laws. Finally, Part VI offers further evidence of the Court's deficiencies in this area by examining recent decisions involving two additional issues of increasing concern: tender offers and insider trading.

The Case against the Constitution : from the antifederalists to the present

Abstract: A veritable feast of 1,500 quotes from more than 1,000 Supreme Court decisions, this is the first such reference devoted solely to the Supreme Court. Dating from the beginning of the Republic to the present, these excerpts provide a powerful historical overview of the mission and majesty of the Supreme Court. They are topically arranged and cover the legislative, judicial, and executive branches states' rights due process free speech equal rights and freedom of religion. Each entry features the quote -- especially chosen for its profound, compelling, and inspirational nature the name of the case, primary citation, year, and author and the kind of decision (dissenting, concurring, or opinion of the Court).

Droits de la personne et processus de centralisation: rôle de la Cour Suprême des États-Unis

Abstract: The Supreme Court's position in federal states, especially in Canada and the United States, is often delicate when it has to settle cases under dispute involving the sharing of powers between the states (or provinces) and the central government. For the United States, even if civil rights affect only indirectly these powers, several Supreme Court decisions curtail the autonomy of the states, from which follows a long process of centralization. Nonetheless the Supreme Court is only one actor among others, and a limited one, in this process.

Can cigarette advertising be prohibited? Advertising and the First Amendment to the United States Constitution

Abstract: Smoking has been considered a health problem virtually since its introduction to Europe in the 1500's At various times, laws were enacted to attempt to control smoking, while cultivation of tobacco became economically more and more important The development of widespread recognition of the health consequences of smoking has led to numerous suggestions that cigarette advertising be banned However, the First Amendment to the US Constitution protects freedom of the press Analysis of the legal issues involved in such a ban requires consideration of the entire trend of Supreme Court decisions in the area of commercial speech While it is not possible at this time to predict exactly how the Court would rule in this area, a comprehensive regulatory effort to reduce tobacco consumption could probably include a ban on tobacco advertising

The Perceptions of Public School Principals in the State of Texas toward Selected United States Supreme Court Decisions Concerning Desegregation Issues.

Abstract: Desegregation issues continue to be the focus of court litigation in public schools. Since the "Brown v. Board of Education" decision, federal courts have consistently upheld that legally compelled racial segregation of students is a denial of equal prctection under the Fourteenth Amendment. Since public school principals play a vital role in implementing court rulings, school board regulations, and state laws, their attitudes toward desegregation litigation is important. This study focused on principals' perceptions, because a 1983 study indicated that Texas schools continue to segregate Mexican-American children. The study attemp:.s to determine the extent of agreement or disagreement toward desegregation rulings by a randomly chosen sample of 600 Texas principals. Using chi-square and other techniques, the study found that a significant percentage of principals agreed with the court decisions. Years of experience and ethnic origin we:c variables influencing principals' agreement or disagreement with selected court decisions. Sex, type of school, and school district sf_ze did not seem to affect agreement or disagreement. Research is needed to determine whether principals' knowledge of school law influences their level of agreement or disagreement. Included is a table analyzing principals' perceptions and seven references. (MLH) *********************************************************************** * Reproductions supplied by EDRS are the test that can be made * * from the original document. * ******x************A*************************************************** THE PERCEPTIONS OF PUBLIC SCHOOL PRINCIPALS IN THE STATE OF TEXAS TOWARD SELECTED UNITED STATES SUPREME COURT DECISIONS CONCERNING DESEGREGATION ISSUES

The Powers of Congress and the President in International Relations: Revisited

Abstract: In 1937, in its twenty-fifth volume, the Cahlifornia Law Review published an article entitled The Power of Congress and the President in International Relations: Three Supreme Court Decisions.' The study was prompted by three judgments of the United States Supreme Court involving the conclusion and termination of international agreements by the Executive without advice and consent of the Senate.2 The author

De Facto Government, State of Siege Powers, and Freedom of the Press in Argentina

Abstract: To the casual observer, it may seem bizarre to speak of the liberty of the Argentine press during periods of de facto government. A reference to freedom of the press during de facto periods is apt to elicit a dry remark even among Argentines. The dichotomy between the text of the national Constitution and the practices of military governments is still fresh in the Argentine psyche. An analysis of Argentine Supreme Court decisions, however, offers a different perspective. The Court has struggled to uphold basic press freedoms despite the hostile political climate. Moreover, it has helped preserve some semblance of the constitutional structure envisioned by the Argentine framers.

Implications of De Minimis Risk Concepts for OSHA

Abstract: The legal framework provided by the Occupational Safety and Health Act of 1970 and by subsequent Supreme Court decisions interpreting that law are a logical starting point for discussion of de minimis risk concepts and their application in OSHA. If we work initially in that legal dimension, the social, ethical, and practical dimensions will quickly become apparent. In these remarks, I hope to point out where de minimis concepts have been successfully applied already, and to point toward program areas where they may apply in the future.