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Supreme Court Decisions

About: Supreme Court Decisions is a research topic. Over the lifetime, 1804 publications have been published within this topic receiving 17066 citations.


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Journal Article
TL;DR: In this paper, the authors argue that part of the answer lies in the Court's ability to craft legal doctrines that both shape a trial court's initial decision and increase the efficacy of appellate monitoring.
Abstract: Legal scholars exhaustively debate the substantive wisdom of Supreme Court decisions and the appropriate methods for interpreting legal texts but rarely consider the more pragmatic need to craft rules that will be faithfully implemented by the lower court judges who have the last word in the overwhelming majority of cases. Political scientists, in contrast, invest tremendous effort seeking to determine whether lower courts “comply” with Supreme Court directives, but find themselves unable to explain why their own studies generally find high levels of compliance. This Article argues that part of the answer lies in the Court’s ability to craft legal doctrines that both shape a trial court’s initial decision and increase the efficacy of appellate monitoring. After identifying numerous strategies for increasing lower court control, this Article argues that appreciating the links between them helps illuminate recent developments in three areas of public law: the constitutional law of punitive damages; the rules governing “officer suits” brought under 42 U.S.C. § 1983; and the concept of “reasonable” searches and seizures under the Fourth Amendment.

7 citations

Book
30 Aug 1994
TL;DR: In this paper, a survey of Constitutional Amendments and their impact on change is presented, along with a selective look at the impact of the political branches in changing the U.S. Constitution.
Abstract: Preface The Process of Constitutional Amendment and Constitutional Change A Survey of Constitutional Amendments and Their Impact on Change A Selective Look at Supreme Court Decisions and Their Impact on Change A Selective Look at the Impact of the Political Branches in Effecting Change Examining the Terminology and Theory of Constitutional Change Laws, Orders, Judicial Decisions, and Amendments: A Comparative Analysis Appendix: Amendments to the U.S. Constitution Selected Bibliography Index

7 citations

Journal ArticleDOI
TL;DR: In this paper, the authors explore the legal conflict between an individual's right to privacy and the public interest in disclosure of government information and question whether the Court has fairly balanced the conflicting values of access and privacy within the guidelines established by Congress in the FOIA.
Abstract: The framers of the Freedom of Information Act believed that in order to make informed decisions concerning self‐rule in the democracy, citizens needed access to government information. However, the law also acknowledges the importance of protecting privacy—two of the FOIA's exemptions allow federal agencies to withhold information that would invade the privacy of individuals. The purpose of this article is to explore the legal conflict between an individual's right to privacy and the public interest in disclosure of government information. In an examination of seven United States Supreme Court decisions on this subject, this article questions whether the Court has fairly balanced the conflicting values of access and privacy within the guidelines established by Congress in the FOIA.

7 citations

Journal ArticleDOI
TL;DR: A series of Supreme Court decisions since 2013 have revisited the fundamental principles of healthcare and medical law established during the 1980s in which the Bolam test became pre-eminent.
Abstract: A series of Supreme Court decisions since 2013 have revisited the fundamental principles of healthcare and medical law established during the 1980s in which the Bolam test became pre-eminent. These decisions represent a watershed and suggest that a reorientation is underway, in which the law is reducing the significance of the status of patients in favour of greater recognition of the human rights of health service users as citizens. Aintree (2013) suggests that respect for professional expertise probably remains intact, but its scope is expressly limited by Montgomery (2015). That case purports to bring the law’s understanding of patients into the modern era, although a close examination reveals that the analysis is deeply flawed. The Supreme Court Justices have shown an intent to give greater scope for human rights arguments, although the basis for this, as yet, lacks a clear rationale or coherence. Montgomery claims to be a radical departure from the previous orthodoxy and suggests a need to revisit many earlier cases. The human rights turn not only alters the doctrines that underpin the law affecting healthcare, but also provides a basis for the courts to assert jurisdiction. While the European Court of Human Rights has developed jurisprudence that defers to a margin of appreciation for democratic legislatures, Nicklinson (2014) shows the UK Supreme Court asserting its authority over Parliament and may indicate that the boundaries of healthcare law are being redrawn. A v N CCG (2017) seems to continue some features of the traditional approach, but R (A & B) v Sec State for Health (2017) confirms Article 8 of the ECHR as a limiting factor, while Doogan (2014) seems to limit its scope in healthcare law (in favour of being able to balance human rights issues through employment law). Together, these developments may represent a profound shift in the constitution of healthcare law.

7 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202311
202221
202118
202026
201938
201832