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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 ArticleDOI
Edward Sheen1
TL;DR: Payment reforms, increased accountability, significant pressures for cost control, and new care delivery models will significantly change the future practice of gastroenterology.
Abstract: After decades of failed attempts to enact comprehensive health care reform, President Obama signed the Patient Protection and Affordable Care Act into law on March 23, 2010. The Affordable Care Act (ACA) has been regarded as the most significant piece of domestic policy legislation since the establishment of Medicare in 1965. The ACA would cover an estimated 32 of the 50 million uninsured Americans by expanding Medicaid, providing subsidies to lower income individuals, establishing health insurance exchanges, and restricting insurance companies from excluding patients from coverage. The ACA also includes many payment and health care delivery system reforms intended to improve quality of care and control health care spending. Soon after passage of the ACA, numerous states and interest groups filed suits challenging its legality. Supreme Court consideration was requested in five cases and the Supreme Court selected one case, brought by 26 states, for review. Oral arguments were heard this spring, March 26–28. The decision will have far reaching consequences for health care in America and the practice of gastroenterology for decades to come. This article reviews the four major issues before the Supreme Court and implications for health care reform and future practice of gastroenterology. Payment reforms, increased accountability, significant pressures for cost control, and new care delivery models will significantly change the future practice of gastroenterology. With these challenges however is a historic opportunity to improve access to care and help realize a more equitable, sustainable, and innovative health care system.

7 citations

Posted Content
TL;DR: In this article, the authors examine the place of an owner's investment-backed expectations in regulatory takings law and identify recent trends in the application of the investment-based expectations doctrine that have created new barriers between aggrieved property owners and the guarantees embodied in the Takings Clause of the Fifth Amendment.
Abstract: This article examines the place of an owner's investment-backed expectations in regulatory takings law. Reviewing key Supreme Court decisions and their application in the lower courts, the authors identify recent trends in the application of the investment-backed expectations doctrine that have created new barriers between aggrieved property owners and the guarantees embodied in the Takings Clause of the Fifth Amendment. The article looks to the Supreme Court decision in Palazzolo v. State of Rhode Island to reassess and clarify the place of investment-backed expectations in the takings calculus.

7 citations

Journal ArticleDOI
TL;DR: In this paper, the relevance of the commercial context to principles of the law of equity and trusts is discussed. But the authors argue that the price of that flexibility is a lack of doctrinal coherence and the development of equitable principles that will apply in, and beyond, commercial context.
Abstract: This paper analyses the jurisprudence on the relevance of the commercial context to principles of the law of equity and trusts. We criticise recent UK Supreme Court decisions in the area (chiefly Williams v Central Bank of Nigeria, FHR European Ventures v Cedar Capital Partners and AIB Group v Mark Redler & Co) and identify a trend of the ‘commercialisation’ of the issues. The cases are placed in comparative context and it is argued that there is an unsatisfactory pattern of judicial reasoning, exhibiting a preference for some degree of unarticulated flexibility in commercial adjudication. But the price of that flexibility is a lack of doctrinal coherence and the development of equitable principles that will apply in, and beyond, the commercial context. We also argue that this trend has important implications for the coming rounds of Supreme Court appointments.

7 citations

Journal ArticleDOI
TL;DR: In this article, the authors examine the tension between the highly protective approach to advocacy of crime taken by the Supreme Court in Brandenburg v. Ohio and the provisions in many criminal codes that make those who encourage criminal violations generally punishable for solicitation.
Abstract: What kind of constitutional standards are applicable to communications likely to cause listeners to commit crimes? An examination of the tension between the highly protective approach to advocacy of crime taken by the Supreme Court in Brandenburg v. Ohio and the provisions in many criminal codes that make those who encourage criminal violations generally punishablefor solicitation is followed by an analysis of the penological reasons for punishing crime-causing communications and of the relevance to such communications of the justifications for freedom of expression. After an account of the Supreme Court decisions dealing with this subject and a summary critical examination of interpretive approaches to the First Amendment, the author suggests standards for constitutional appraisal of prohibitions of communications that may cause crime. The central proposals are that most statements of fact and value be accorded virtually absolute protection; that dominantly situation-altering utterances, such as agreements, offers of agreement, and orders, be treated as outside the scope of First Amendment protection; and that simple encouragements to commit specific crimes, a kind of action-inducing communication, be granted a degree of protection that depends heavily on context, with criteria like those contained in Brandenburg applicable to public ideological solicitation but with much less restrictive standards applicable to private solicitation.

7 citations


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