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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01 Jan 2007
TL;DR: In this article, the authors argue that domestic courts perform two global governance functions: they allocate governance authority and they determine the rights and obligations of transnational actors, and they show that these functions matter not only for litigants, but also for global welfare.
Abstract: Domestic court decisions often make headlines around the world. For example, recent U.S. Supreme Court decisions about the International Court of Justice and the rights of foreign detainees held by the United States at Guantanamo Bay have attracted international attention. However, the role of domestic courts in the world extends far beyond headlines. Seemingly routine decisions on issues such as personal jurisdiction, forum non conveniens, choice of law, extraterritoriality, and arbitration have implications for global governance. Legal scholarship divides these issues into doctrinal categories like civil procedure, conflict of laws, and international law. But by doing so, it misses the bigger picture: for better or worse, domestic courts are pervasively involved in regulating transnational activity. This Article cuts across doctrinal categories to provide the first systematic analysis of the global impact of domestic courts. It argues that domestic courts perform two global governance functions: they allocate governance authority, and they determine the rights and obligations of transnational actors. It shows that these functions matter not only for litigants, but also for global welfare. And it proposes a method for critically evaluating these functions that moves beyond traditional litigant-focused assessments to analysis of the cross-border effects of domestic court decisions. This method will allow scholars and policymakers to develop the empirical foundations needed for the intensifying debate over the proper role of domestic courts in addressing global challenges.
10 citations
TL;DR: Both the US Supreme Court's Jaffee v Redmond ruling and the HIPAA rule support the ethical protection of confidentiality of conversations between psychiatrists and patients.
10 citations
TL;DR: The role of school authorities and the nature of their relationship with students has become a vacillating one as discussed by the authors, and although school authorities claim, in their professional judgment, to be acting in the best interest of the students, they are reproducing and reinforcing the asymmetrical power relationships in schools and society.
Abstract: In its decisions New Jersey v. T.L.O. (1985) and Vernonia v. Acton (1995), the U.S. Supreme Court legitimated the actions and policies of school authorities. In doing so, it also defined and legitimated the following three roles of school authorities: agent-of-state, custodial, and tutelary. Hence, the role of school authorities and the nature of their relationship with students has become a vacillating one. This article explores the trichotomous roles cited in these U.S. Supreme Court decisions. It also examines that although school authorities claim, in their professional judgment, to be acting in the best interest of the students, they are reproducing and reinforcing the asymmetrical power relationships in schools and society. Finally, this article addresses ethical ramifications of, what those concerned with social justice designate as, the systemic violence that may be wrought by school authorities enacting their trichotomous roles.
10 citations
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TL;DR: Krieger as discussed by the authors framed an interdisciplinary symposium on public, judicial, and media responses to the Americans with Disabilities Act (ADA) and proposed a theoretical model of socio-legal change and retrenchment, situates the concept of backlash within that model, and applies the model to investigate and explain patterns of public and judicial and media reactions to the ADA.
Abstract: Over the past three years, an increasing number of disability rights activists, practitioners, and scholarly commentators have claimed that a powerful judicial and media backlash against the Americans with Disabilities Act is underway. Even before issuance of three Supreme Court decisions in the Summer of 1999 narrowly construing the Act's coverage, there existed ample evidence supporting the backlash hypothesis. In two papers, a Foreword and an Afterword, Professor Krieger frames an interdisciplinary symposium on public, judicial, and media responses to the Americans with Disabilities Act soon to appear in the Berkeley Journal of Employment and Labor Law. In the first article, Backlash Against the Americans with Disabilities Act: Interdisciplinary Perspectives and Implications for Social Justice Strategies, Professor Krieger situates the intellectual project undertaken by the Symposium and introduces the fourteen articles and three responsive commentaries that comprise it. In the second paper, Socio-Legal Backlash, Professor Krieger posits a theoretical model of socio-legal change and retrenchment, situates the concept of backlash within that model, and applies the model to investigate and explain patterns of public, judicial and media reactions to the ADA.
10 citations
TL;DR: Recent Supreme Court decisions and public opinion polls both show increased support for the use of the death penalty as mentioned in this paper, and much research has been conducted to assess the effect of executions on homicide.
Abstract: Recent Supreme Court decisions and public opinion polls both show increased support for the use of the death penalty. Much research has been conducted to assess the effect of executions on homicide...
10 citations