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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Book•
19 Oct 1997
TL;DR: Antitrust and the bounds of power: drawing together the threads - original aims and later evolution, in the USA, in Europe, the limits to antitrust law, facing concentrated, competitive firms, changing markets as discussed by the authors.
Abstract: Antitrust - introduction on the surface - the technical profiles in the foundations - the dilemma of liberal democracy Part 1 Technical profiles - the USA: protection of competition or of freedom or contract - from the common law to the Sherman Act, early years of the Sherman Act, prohibitions to protect market pluralism increase today's subtle weapons - the Chicago School, evolution in the Supreme Court, trends in recent cases, the present position in summary Part 2 Technical profiles - Europe: the heritage of history - Europe's industrial culture, the Freiburger Ordoliberalen School, early development of antitrust laws, antitrust in the European Community "restrictive" agreements - the normative machinery, vertical agreements, horizontal agreements abuse of a dominant position - "special responsibility", assessment of "dominant position", abuse as an "objective concept", individual types of abuse, in conclusion prohibitions of dominant position - mergers - the ban and its limits, antitrust against public monopolies Part 3 Antitrust and the bounds of power: drawing together the threads - original aims and later evolution, in the USA, in Europe, the limits to antitrust law, facing concentrated, competitive firms, changing markets - what remains? the dilemma of liberal democracy - the dilemma of liberal democracy within the dilemma of efficiency, towards autonomy of European antitrust from other common policies, the global market and tomorrow's antitrust
58 citations
TL;DR: The authors found that many of the considerations affecting diffuse support for state courts parallel the determinants of such support for the nation's high court. But they also found important differences between explanations of citizen support for local courts and the Supreme Court.
Abstract: In the years following the United States Supreme Court's decision in Bush v. Gore, the public's support for the judicial system looms as an especially important concern. While studies have confirmed that the Supreme Court's reservoir of public good will has remained largely intact following the politically divisive decision, the status of public support for other American courts has received little attention. This reflects a broader trend in judicial politics scholarship toward placing inordinate attention on explaining public support for the U.S. Supreme Court, while largely ignoring the courts where most of the policy-making in the nation occurs - state courts. We use 2001 survey data from a nationwide sample to assess the factors influencing diffuse citizen support for state courts. We find that many of the considerations affecting diffuse support for state courts parallel the determinants of such support for the nation's high Court. However, we also find important differences between explanations of citizen support for state courts and the Supreme Court.
58 citations
TL;DR: Kesner and Dalton as discussed by the authors studied the effect of a chief justice of the U.S. Supreme Court on the system of checks and balances in a public corporation and found that half the remaining justices were members of the President's staff.
58 citations
TL;DR: This article examined the impact of lawyer capability on the decisionmaking of the Supreme Court of Canada (SCC) and found that the first two variables have a statistically significant and positive relationship with the SCC's decisions in non-reference-question cases from 1988 to 2000.
Abstract: This article examines the impact of lawyer capability on the decisionmaking of the Supreme Court of Canada (SCC). Extending prior attorney capability studies of U.S. judicial decisionmaking, we test three lawyer variables: prior litigation experience, litigation team size, and Queen's Counsel designation. We find that the first two variables have a statistically significant and positive relationship with the SCC's decisions in non-reference-question cases from 1988 to 2000. Moreover, this relationship persists even after controlling for party capability, issue area, and judicial policy preferences.
58 citations
Book•
15 Oct 2001
TL;DR: In this article, the authors present a critical assessment of how well the courts coped with the competing expectations for impartial justice and favorable partisan results during the "Bush versus Gore" election.
Abstract: The dramatic struggle over the outcome of the 2000 presidential election presented judges with an extraordinary political challenge, as well as with a historic political temptation. This book offers a critical assessment of how well the courts coped with the competing expectations for impartial justice and favourable partisan results. The book documents how the participants, the press, the academic community, and the public responded during these tension-filled 36 days. The author also provides an overview of the legal strategies and debates - from briefs and oral arguments to final decisions. However, in explaining the behaviour of the courts, he moves beyond an analysis of law to take into account the influences of partisanship, judicial ideology, and broader political and historical contexts. The book pays special attention to the judges whose behaviour generated the most controversy - the battling justices of the Florida and United States Supreme Courts. After reviewing the arguments for and aginst their decisions, it concludes that the five justices behind the "Bush versus Gore" decision acted outside what should be considered the acceptable boundaries of judicial power. The book ends with an analysis of why the justices chose such an unprecedented course of action and an assessment of whether their partisan intervention will have any lasting effect on the Supreme Court's reputation and authority.
58 citations