Topic
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 the late 1990s, in response to rising rates of pro se litigation, courts first began to consider ways of improving the fairness of the legal process for self-represented liti gants (SRLs).
Abstract: In the late 1990s, in response to rising rates of pro se litigation, courts first began to consider ways of improving the fairness of the legal process for self-represented liti gants (SRLs). Programs were implemented to assist SRLs to secure pro bono coun sel, and, if that was unsuccessful, to assist them to navigate the labyrinth of law and legal procedures in their quest for justice. Initially, the programs were modest ones, not requiring any or much funding for new personnel; they included replacement of traditional court forms with ones written in "plain English" and production of pam phlets and videos with simplified explanations of procedures. Over time, these programs became more sophisticated and institutionalized. Many courts conducted instructional clinics tailored to specific actions, like domestic relations or landlord-tenant matters; set up kiosks for computer-drafting of pleadings; and established Web-based information and forms. The movement by courts toward enhancing access to justice has made great strides. The growth in the SRL population in our courts continues unabated, with the same phenomenon being experienced both nationally and internationally, especially in the Commonwealth countries. Efforts to improve access to justice for this group are unexpected, given the sub stance and tenor of Supreme Court decisions that preceded the beginning of the pro se assistance movement. In Faretta v. California (1975), which reaffirmed the consti tutional right of self-representation, the Court noted:
4 citations
TL;DR: This paper examined the affirmative action controversy over quotas in light of recent Supreme Court decisions in the Bakke and Fullilove cases and found that through important affirmative action courts decisions, the au...
Abstract: The affirmative action controversy over quotas is examined in light of recent Supreme Court decisions in the Bakke and Fullilove cases. Through important affirmative action courts decisions, the au...
4 citations
Posted Content•
TL;DR: Fisher v University of Texas as mentioned in this paper, another race-conscious admissions case in higher education, was argued by Abigail Fisher, a white Texas resident, who claimed that she was denied admission to the university of Texas in Austin because of her race Specifically, she alleges that minority students with less stellar qualifications were admitted instead of her Affirming the district court's opinion, the Fifth Circuit Court of Appeals held in favor of the University and found that the university's plan to be an illegal quota or akin to racial balancing.
Abstract: Less than ten years after Grutter v Bollinger and Gratz v Bollinger, the US Supreme Court has decided to hear Fisher v University of Texas, another race conscious admissions case in higher education In Fisher v University of Texas, Abigail Fisher, a white Texas resident, claimed that she was denied admission to the University of Texas in Austin because of her race Specifically, she alleges that minority students with less stellar qualifications were admitted instead of her Affirming the district court’s opinion, the Fifth Circuit Court of Appeals held in favor of the University The Fifth Circuit did not find the university’s plan to be an illegal quota or akin to racial balancing Instead, the court determined that the university followed the Grutter decision and carefully considered race as one of many factors in admitting students The Fifth Circuit declined to hear the case en banc After briefly highlighting the equal protection analysis, the outcomes in earlier Supreme Court decisions involving race-conscious admissions, and the 2011 Guidance from the US Department of Education and the US Department of Justice on implementing race-conscious policies in elementary, secondary, and post-secondary education, we examine the amicus briefs filed on behalf of Abigail Fisher and the University of Texas In analyzing the amicus briefs, particular attention is focused on whether social science research was relied upon Specifically, the social science research was rated and then discussed in order to highlight the range of research relied upon by both amici
4 citations
Dissertation•
19 Nov 2013
Abstract: ........................................................................................................................ 1 Acknowledgments ........................................................................................................ 2 Chapter 1 – Introduction ............................................................................................ 6 1.1 Research Question ............................................................................................. 7 1.2 Overview of the Thesis ...................................................................................... 8 Chapter 2 The Framework of the Norwegian Supreme Court ............................. 9 2.1 General ..................................................................................................................... 9 2.2 Organization of the Norwegian Supreme Court ...................................................... 9 2.3 The Appointment Process ...................................................................................... 11 2.4 The Voting Process ................................................................................................ 12 2.5 Sources of Law ...................................................................................................... 13 2.6 Is the Attitudinal Model applicable to the Norwegian Supreme Court? ................ 15 2.7 A Comparison of Norwegian, American and French Legal Tradition .................. 17 Chapter 3 Theoretical Models of Supreme Court decision-making ................... 24 3.1 The Legal Model .................................................................................................... 25 3.2 The Attitudinal Model............................................................................................ 27 3.3 The Strategic Interaction Model ............................................................................ 30 Chapter 4 The State Friendly Hypothesis ............................................................. 32 4.1 Empirical research on the State Friendliness of Norwegian Supreme Court ......... 32 4.2 Hypotheses on the Individual Level ...................................................................... 36 4.3 Hypotheses on the Case Level ............................................................................... 39 4.4 Hypotheses based on the Panel Effect Theory ....................................................... 43 Chapter 5 Method .................................................................................................... 45 5.1 Logistical Regression ............................................................................................. 45 5.2 Theoretical Challenges ........................................................................................... 46 5.3 Arguments for a Hierarchical Model ..................................................................... 47 5.4 The Structure of the Model .................................................................................... 48 Chapter 6 Data Chapter.......................................................................................... 50 6.1 Source of Data........................................................................................................ 50 6.2 Civil Cases ............................................................................................................. 51
4 citations
TL;DR: In this article, the Ninth Circuit Court of Appeals held that a liberty interest exists in choosing the time and manner of one's death, and concluded that, with respect to competent, terminally ill adults, Washington's prohibition of assisted suicide violates the Due Process Clause of the U.S. Constitution.
Abstract: Dying is personal. And it is profound. For many, the thought of an ignoble end, steeped in decay, is abhorrent. A quiet, proud death, bodily integrity intact, is a matter of extreme consequence.
—Justice William Brennan Two recent circuit court decisions have reinvigorated the debate over the constitutional, practical and ethical ramifications of physician-assisted suicide. In Compassion in Dying v. Washington, the Ninth Circuit Court of Appeals held that a liberty interest exists in choosing the time and manner of one’s death. The court found this right to outweigh all asserted state interests, and concluded that, with respect to competent, terminally ill adults, Washington’s prohibition of assisted suicide violates the Due Process Clause of the U.S. Constitution. The ruling effectively strikes down laws against assisted suicide in all of the states in the Ninth Circuit.
In April 1996, in Quill v. Vacco, the Second Circuit Court of Appeals held that New York’s prohibition of assisted suicide violates the U.S. Constitution’s Equal Protection Clause.
4 citations