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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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Journal ArticleDOI
Ayelet Shachar1
TL;DR: In the case of the Martinez case, the equal protection claim raised by Martinez was rejected by the US Supreme Court on the basis of a ''nonintervention'' rationale.
Abstract: I n 1941, Julia Martinez, a full-blooded member of the Santa Clara Pueblo tribe and a citizen of the United States who resided on the Santa Clara Reservation in Northern New Mexico, married a non-tribal husband and gave birth to a daughter named Audrey Audrey was brought up on the Pueblo, spoke the Tewa language, participated in its life, and was culturally, for all practical purposes, a Santa Claran Indian However, according to Pueblo personal status law, she was not an Indian by ``blood'' Membership in the tribe was granted either to children whose parents were both Pueblo members or to children of male members who married outside the tribe; membership, however, was denied to children of female members who married outside the tribe After unsuccessful efforts to persuade the tribe to change its gender-discriminatory membership rule, Julia and Audrey Martinez ®led a lawsuit in a federal court, seeking declaratory and injunctive relief which would enable Audrey and similarly situated children to acquire tribal membership In 1978, the equal protection claim raised by Martinez was rejected by the US Supreme Court on the basis of a ``nonintervention'' rationale1 Thus, while the Martinez case strengthened the autonomy of the Pueblo vis-aA -vis the state,2 it also, like many other instances of multicultural accommodation, perpetuated the systematic intra-group maltreatment of a particular category of insider (in this case, women who married non-tribal husbands and the children born of those unions) in accordance with their group's accommodated traditions The Martinez case and other legal cases from countries such as Israel and India, which have already implemented accommodationist policies in the family The Journal of Political Philosophy: Volume 6, Number 3, 1998, pp 285±305

86 citations

Journal ArticleDOI
TL;DR: In this paper, the authors argue that the Daubert and two successor cases, the Supreme Court misconceived both the nature of scientific practice and its links to legal fact-finding, presupposing a sharper boundary between the institutions than exists or should exist.
Abstract: Legal developments following Daubert v Merrell Dow Pharmaceuticals, Inc indicate a growing need to reevaluate the decision’s fundamental assumptions about law, science, and their interactions.I argue that in Daubert and two successor cases, the Supreme Court misconceived both the nature of scientific practice and its links to legal fact-finding. The decisions endorsed a separatist model of law and science, presupposing a sharper boundary between the institutions than exists or should exist.A better approach is to recognize that law and science are both knowledge-generating institutions, but that fact-making serves different functions in these two settings. The important question for the law is not how judges can best do justice to science, but rather how courts can better render justice under conditions of uncertainty and ignorance.

86 citations

Book
23 Jul 2006

86 citations

Journal ArticleDOI
TL;DR: This article argued that a restrictive form of equality, rather than an expansive one, limits the ability of African-Americans to benefit equally from schooling in the US public schools. But, they also argued that the failure of the court to provide a verbal interpretation of the mathematical model it constructed left individual school districts free to develop educational responses that failed to address the needs of African American students.
Abstract: Almost 40 years after the landmark Brown vs. Board of Education decision, African-Americans are still attempting to understand its meaning and significance in their daily lives. Unaware of the potential for divergent constructions of equality, citizens who were barred from equal access to schooling continue to struggle with poor-quality schooling. This article argues that a restrictive form of equality, rather than an expansive one, limits the ability of African-Americans to benefit equally from schooling in the nation `public schools. The article also suggests that the Brown decision represents the Supreme Court's attempt to apply a largely mathematical solution to a social problem. The failure of the court to provide a verbal interpretation of the mathematical model it constructed left individual school districts free to develop educational responses that failed to address the needs of African-American students. The article concludes with an expansive vision of a desegregated/integrated school that reco...

86 citations

Journal ArticleDOI
TL;DR: The U.S. Supreme Court has declared that capital punishment is not unconstitutional per se, in part because the high degree of public support for the death penalty indicates that the American public does not consider it to be cruel and unusual punishment.
Abstract: The U.S. Supreme Court has declared that capital punishment is not unconstitutional per se, in part because the high degree of public support for the death penalty indicates that the American public does not consider it to be cruel and unusual punishment. According to the Court, the public's desire for retribution is an appropriate basis for determining that the death penalty is an acceptable criminal sanction. This paper examines the degree of public support for the death penalty and the basis for that support. It also explores the differences between retribution as just deserts and retribution as revenge, and concludes by asking whether a public desire for revenge is an appropriate, enlightened basis for our capital punishment policy.

86 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
20231,077
20222,410
2021599
20201,063
20191,149
20181,225