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.

Historic Times v. Sullivan and Gertz v. Welch Supreme Court Decisions and Online Social Media Libel Law

Abstract: This article re-examines two historic Supreme Court’s decisions—the 1964 Times v. Sullivan and the 1974 Gertz v. Welch—as they apply to the digital era. The Court’s decision in Sullivan established the federal legal guidelines for a victim to prove a libel case including actual malice. In Gertz v. Welch the Court established three categories of public figures who must prove actual malice in a libel claim. The article reviews both cases within the context of social media defamation claims. The authors conclude that the Supreme Court decisions in Times v. Sullivan and Gertz v. Welch are still relevant in the era of online communication and social media.

The Impact of Supreme Court Activity on the Judicial Agenda

Abstract: When the Supreme Court takes action, it establishes national policy within an issue area. A traditional, legal view holds that the decisions of the Court settle questions of law and thereby close the door on future litigation, reducing the need for future attention to that issue. Alternatively, an emerging interest group perspective suggests the Court, in deciding cases, provides signals that encourage additional attention to particular issues. I examine these competing perspectives of what happens in the federal courts after Supreme Court decisions. My results indicate that while Supreme Court decisions generally settle areas of law in terms of overall litigation rates, they also introduce new information that leads to increases in the attention of judges and interest groups to those particular issues.

Racial disparity under the federal sentencing guidelines pre‐ and post‐Booker

Abstract: T he article by Ulmer, Light, and Kramer (2011, this issue) and the corresponding policy essays by Albonetti (2011, this issue), Engen (2011, this issue), Scott (2011, this issue), and Spohn (2011, this issue) in this section of Criminology & Public Policy examine the effect of several U.S. Supreme Court decisions on sentencing disparity under the federal sentencing guidelines. In 1984, Congress enacted the Sentencing Reform Act, which created the United States Sentencing Commission (USSC). One motivation for the Act was the belief that too much discretion was provided to judges in the federal system and that as a result there was great disparity in sentencing White and minority defendants.1 The USSC was given the task of developing and implementing sentencing guidelines for federal judges as a means of controlling judicial discretion, with the goal of achieving greater “uniformity” in sentencing. Prior to the guidelines, federal judges had virtually unlimited discretion to impose sentences so long as they met broad statutory requirements. Under the guidelines, however, the judge had to calculate a defendant’s criminal history and offense level score under strict rules, the result of which was the placement of the defendant on a sentencing grid. The sentence found in the grid was the presumptive sentence, and although departures could be made, the reason for the departure had to be given either in open court or in a written judicial opinion. Furthermore, to monitor and ensure compliance with the guidelines, the Reform Act also provided for appellate review of any departures from the

An American Tragedy: The Supreme Court on Abortion

Abstract: \"[\"]f the deliberate extinguishment of human life has any effect at all, it more likely tends to lower our respect for life and brutalize our values.\"' \"New York courts have already acknowledged that, in the contemporary medical view, the child begins a separate life from the moment of conception.\" 2

Race, Education, and the Politics of Fear:

Abstract: This article explores the legacies of the 1954 Brown v. Board of Education Supreme Court decision within the historical context of race relations in the United States. The pursuit by African Americans to exercise their rights of citizenship is described as influenced by the changing face of fear. The Supreme Court decisions that determined the status of African Americans provide the framework for the description of the strategies (e.g. litigation, community protest, and electoral politics that were used in the past). The last section looks to the future, assessing the current changes in the social and economic status of African Americans. Can education still make a difference and keep the promise of social justice, equity, and equality—the fundamental values on which the nation was founded—alive? Will new fears emerge even as some progress is made toward a more integrated society?