Topic
Supreme court
About: Supreme court is a research topic. Over the lifetime, 41858 publications have been published within this topic receiving 306787 citations. The topic is also known as: court of last resort & highest court of appeal.
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TL;DR: The systematic shrinking of the scope of the Sherman Act by the Supreme Court over the past 40 years may make this difficult as mentioned in this paper, and thus it may make it difficult to enforce.
Abstract: Accumulating evidence points to the need for more vigorous antitrust enforcement in the United States in three areas. First, stricter merger control is warranted in an economy where large, highly efficient and profitable “superstar” firms account for an increasing share of economic activity. Evidence from merger retrospectives further supports the conclusion that stricter merger control is needed. Second, greater vigilance is needed to prevent dominant firms, including the tech titans, from engaging in exclusionary conduct. The systematic shrinking of the scope of the Sherman Act by the Supreme Court over the past 40 years may make this difficult. Third, greater antitrust scrutiny should be given to the monopsony power of employers in labor markets.
61 citations
Posted Content•
TL;DR: However, most people convicted of felonies are not sentenced to prison; a majority receive straight probation, or probation with a jail term, but this hardly means that the conviction is inconsequential as mentioned in this paper.
Abstract: Most people convicted of felonies are not sentenced to prison; a majority receive straight probation, or probation with a jail term. However, this hardly means that the conviction is inconsequential. Tens of thousands of federal, state, and local laws, regulations, and ordinances restrict the civil rights, employment, eligibility for public benefits, residence and other aspects of the status of convicted persons. Accordingly, for many, the most serious and long-lasting effects of conviction flow from the status of being convicted and the concomitant lifetime subjection to collateral consequences. However, courts generally treat collateral consequences as non-punitive civil regulations, and therefore not subject to constitutional limitations on criminal punishment. This treatment of collateral consequences is surprising. In cases like Weems v. United States and Trop v. Dulles, the Supreme Court understood systematic loss of status not only to be punishment, but to be cruel and unusual punishment. Further, collateral consequences have practically revived the traditional punishment of civil death. Civil death deprived offenders of civil rights, such as the right to sue, and other aspects of legal status. Most civil death statutes were repealed in the Twentieth Century, but its equivalent has been reproduced through systematic collateral consequences. Instead of losing rights immediately, convicted people now hold their rights at sufferance, subject to limitation and restriction at the discretion of the government. The new civil death, loss of equal legal status and susceptibility to a network of collateral consequences, should be understood as constitutional punishment. In the era of the regulatory state, collateral consequences may now be more significant than was civil death in past decades. The actions of judges, defense attorneys, and prosecutors should attend to what is really at stake in criminal prosecutions.
61 citations
TL;DR: New scientific findings are highlighted and their relevance to law and policy in the past decade regarding the culpability of juveniles by the US Supreme Court.
61 citations
TL;DR: In the North American debate, the privacy concerns connected with these developments are compounded further by the U. S. Supreme Court's recent decision, Nelson v. NASA, which involves the constitutional right of government to ask for employee's personal information in the context of national security and surveillance as discussed by the authors.
Abstract: Social media is a dominating force in modern social life as internet technology has taken hold of our cyber-driven society. Many scholars, as will be explored below, have articulated fears and enthusiasm about what can be interpreted as a reconfiguration of privacy in a culture mediated by technology. Scholarship ranges from those opposing new conception of privacy in favour of protecting rights in traditional private/public distinctions with privacy as a privilege worthy of proprietary protection to those reveling in opening floodgates for information to re-invent or even destroy any semblance of traditional distinctions of privacy. These poles become even more accentuated in light of fast-proliferating technology illustrated by popular social networking websites such as Facebook, Twitter, Foursquare etc. In the North-American debate, the privacy concerns connected with these developments are compounded further by the U. S. Supreme Court's recent decision, Nelson v. NASA, which involves the constitutional right of government to ask for employee's personal information in the context of national security and surveillance.
61 citations
01 Jan 1988
TL;DR: In 1954, when the U.S. Supreme Court outlawed school segregation, hopes ran high that we might be on our way to a better society as mentioned in this paper, and many of us believed that if only youngsters from various ethnic and racial backgrounds could share the same classroom, negative stereotypes would fade and cross-ethnic friendships would develop under the glow of contact.
Abstract: In 1954, when the U.S. Supreme Court outlawed school segregation, hopes ran high that we might be on our way to a better society. At that time, many of us believed that, if only youngsters from various ethnic and racial backgrounds could share the same classroom, negative stereotypes would fade and cross-ethnic friendships would develop under the glow of contact. Ultimately, it was believed, these young people would grow into adults who would be largely free of the racial and ethnic prejudice that had plagued our society since its inception.
61 citations