Will the UK Supreme Court allow assisted dying?

PubMed

Griffith, Richard

MPs overwhelmingly voted against passing the Assisted Dying Bill into law in September 2015. The Bill was defeated by a majority of 212, despite the heartfelt pleas of many MPs to pass it into law. The size of the defeat means that it is unlikely that Parliament will consider a similar law for many years. Yet many considered the Bill their last opportunity to make assisted dying lawful. There is, however, one further possible way assisted dying could become lawful in the UK--and that would be where the Supreme Court allowed it. In this article, the author reviews the Supreme Court's decision in R (on the application of Nicklinson v Ministry of Justice [2014] and considers how likely it is that the Supreme Court will now sanction assisted dying following Parliament's refusal to enact an assisted dying law.

"Woman's Place" in the Constitution: The Supreme Court and Gender Discrimination

ERIC Educational Resources Information Center

Levin, Betsy

1975-01-01

Article discussed the Supreme Court's response to constitutional attacks from state and federal laws on women's rights, the judicial treatment of racially-based discrimination versus that of gender-based discrimination, and the most recent Supreme Court decisions on gender-based discrimination. (Author/RK)

The Supreme Court, the commerce clause, and natural resources

NASA Astrophysics Data System (ADS)

Matthews, Olen Paul

1988-07-01

The Supreme Court's interpretation of the commerce clause controls the balance of power between state and federal governments in the United States. An understanding of the relationship between the different government levels is essential for resource managers concerned with resource and environmental issues. This study examines selected Supreme Court decisions between 1976 and 1988 to answer three questions raised by the commerce clause: (1) Is the regulated item an article of commerce? (2) Do state laws burden interstate commerce? (3) Is federal commerce regulation limited? The balance of power among the justices and the commerce clause theories affecting the federal role in resource management are also examined. Since ratification of the Constitution, the Supreme Court has continuously increased federal power, but states have power to act independently as long as contradictory federal laws do not exist and state law does not impermissively affect commerce. If Congress regulates an individual's use of resources, their power is unquestioned. Future Court decisions will not significantly reduce the federal role in resource management even if the Court's membership changes. Even the supporters of states' rights on the Court realize increased federal power is a necessary part of the country's evolution. The purpose of the commerce clause is to create a national economic unit with free location principles. The Court supports this purpose today and will in the future.

Geography for Life and Standards-Based Education in the Commonwealth of Kentucky

ERIC Educational Resources Information Center

Howarth, David A.; Mountain, Keith R.

2004-01-01

Public education in Kentucky schools was fundamentally changed in 1990 with the passage of the Kentucky Education Reform Act (KERA). This educational reform--mandated by the Kentucky Supreme Court ruling that funding for Kentucky public school districts was neither adequate nor equitably distributed--established a platform on which standards-based…

The Supreme Court's Search Ruling.

ERIC Educational Resources Information Center

Kelly, Margie

The 1971 police search of a newspaper office led to the United States Supreme Court's "Zurcher v The Stanford Daily" decision that newspaper offices can permissibly be searched if it is believed that they contain materials that relate to an ongoing criminal investigation. This decision has been viewed by the press as an attack on First…

Supreme Court Holds That Contagious Diseases Are Handicaps.

ERIC Educational Resources Information Center

Flygare, Thomas J.

1987-01-01

Describes a complex case involving termination of a third-grade teacher with recurrent tuberculosis. The United States Supreme Court upheld a circuit court's ruling that the teacher's condition satisfied section 504 of the 1973 Rehabilitation Act protecting handicapped persons against discrimination. Since contagiousness was not addressed, the…

In the public interest: intellectual disability, the Supreme Court, and the death penalty.

PubMed

Abeles, Norman

2010-11-01

This article deals with a case that recently came before the U.S. Supreme Court. The issues involved whether attorneys provided effective assistance to a person convicted of murder when no mitigating evidence was presented (either strategically or by neglect) to the jury concerning the intellectual disabilities of their client during the death penalty phase of the trial. The Supreme Court had previously ruled that the death penalty for intellectually disabled individuals (mentally retarded) constituted cruel and unusual punishment. In this case the attorneys made a strategic decision not to present possibly mitigating evidence for the death penalty phase. The Supreme Court considered whether the appeals court abdicated its judicial review responsibilities. The results of psychological evaluations are presented, and the decisions of the Supreme Court are discussed. PsycINFO Database Record (c) 2010 APA, all rights reserved.

Courtside: The Supreme Court's View of Drug Testing High School Athletes.

ERIC Educational Resources Information Center

Carpenter, Linda J.

1996-01-01

The U.S. Supreme Court recently heard a case about mandatory drug tests for student athletes. This article discusses the case, in which the U.S. Supreme Court ruled in favor of the school district's right to conduct drug tests, noting its relevance to the 4th, 5th, and 14th Amendments. (SM)

ASBO at 100: A Supreme Court Retrospective on Equal Educational Opportunities

ERIC Educational Resources Information Center

Russo, Charles J.

2009-01-01

The Supreme Court has played a crucial role in shaping education over ASBO International's first century of existence. Accordingly, this column, the first of two on the Supreme Court and education, inaugurates ASBO's centennial year with a retrospective look at key cases that were litigated in K-12 school settings around the issue of equal…

College Affirmative Action Faces Much Tougher Scrutiny in New Supreme Court Review

ERIC Educational Resources Information Center

Schmidt, Peter

2012-01-01

The Supreme Court's members generally are too decorous to exclaim "I told you so." But U.S. Supreme Court Justice Anthony M. Kennedy stands perched on the edge of an I-told-you-so moment, thanks to the court's decision to take up a challenge to a race-conscious college-admission policy that poses some of the same questions he had accused…

Supreme Court says suit against insurer can continue.

PubMed

1996-04-05

The Oregon Supreme Court is allowing the estate of [name removed], a restaurant worker, to seek damages against an insurance company that refused to cover his employer when it was determined that [name removed] had Pneumocystis carinii pneumonia, an AIDS-defining condition. [Name removed]'s lawsuit charges that the PAAC Health Plan Inc. denied the application for insurance filed by employer [name removed] [name removed] of the Old Wives' Tales Restaurant. [Name removed] sued PAAC, [name removed], and the insurance broker. Before [name removed]'s death in August 1993, an appeals court voted 2-1 to affirm a trial judge's decision to dismiss claims against the broker, but reversed an order granting summary judgment to PAAC. State Supreme Court Justice Wallace P. Carson, Jr., heard PAAC's appeal and ruled that [name removed]'s estate could proceed with claims against PAAC.

A Look Ahead: Supreme Court Likely to Have a Blockbuster Term

ERIC Educational Resources Information Center

Hawke, Catherine

2013-01-01

It is not often that Supreme Court watchers agree; however, right now, it seems that most agree on one thing: the Supreme Court term that started in October 2013 is going to be a blockbuster. The docket over the last couple of years has had more than its fair share of headline-grabbing cases, from gay marriage to Obamacare to the Voting Rights…

Supreme Court in Review--1996-97.

ERIC Educational Resources Information Center

Gregory, Gwendolyn H.

1997-01-01

In 1996 and 1997, the Supreme Court declared five acts of Congress to be unconstitutional. An overview of these decisions is offered in this article. It opens with a discussion of those acts that violated the First Amendment. These decisions dealt with the constitutionality of Arizona's "official English" statute; the Communications…

The Supreme Court and Public Pressure.

ERIC Educational Resources Information Center

Richardson, Scott

1989-01-01

Uses recent freedom of expression cases to explore the effect of public opinion and pressure on U.S. Supreme Court rulings, through a simulation for secondary students. Students are assigned a pressure group to represent, discuss the facts in small groups, and formulate their decisions and arguments for class discussion. (LS)

Supreme Court Highlights. Bill of Rights in Action, Vol. X, No. 3.

ERIC Educational Resources Information Center

Clark, Todd, Ed.

The student-oriented newsletter provides learning activities, background information, resources, teaching techniques, case studies, and other sources to help high school teachers develop, plan, and implement a course on the Supreme Court in a legal education program. The first chapter examines the role of the Supreme Court in American life,…

How Will the U.S. Supreme Court Decide?

ERIC Educational Resources Information Center

O'Brien, Joseph E.

2002-01-01

The U.S. Supreme Court is less visible to students than either Congress or the president. The Court's rulings on cases, however, are as influential on everyday life and on the political system as any bill passed by Congress or signed into law by the president. "Brown v. Board of Education," "Roe v. Wade," and "Bush v.…

Results Matter: A Decade of Difference in Kentucky's Public Schools, 1990-2000.

ERIC Educational Resources Information Center

Kentucky State Dept. of Education, Frankfort.

In 1989, the Kentucky Supreme Court ruled that Kentucky's education system was unconstitutional and invalidated the entire body of school law. In response, the General Assembly passed the Kentucky Education Reform Act of 1990 (KERA), a completely new educational system. This report upon the 10th anniversary of KERA's passage documents how key…

Superfund awakes in state supreme courts

DOE Office of Scientific and Technical Information (OSTI.GOV)

Sutherland, D.

1998-01-01

Superfund, often referred to as a sleeping giant, is waking up in state courts with rulings the insurance industry is on the hook for a large share of the nation`s environmental cleanup. While Congress has been quagmired in legislative reauthorization attempts, 40% of the state supreme courts (20 states) have passed laws favoring policyholders of comprehensive general liability insurance (CGL) to be compensated for their cleanup and litigation costs. These rulings vary in terms from state to state, but their collective action is giving the insurance industry grave concerns because of the increase in settlements with CGL policyholders.

Supreme Court Room (room 573), looking westsouthwest (bearing 250). Not ...

Library of Congress Historic Buildings Survey, Historic Engineering Record, Historic Landscapes Survey

Supreme Court Room (room 573), looking west-southwest (bearing 250). Not that missing scones are to be returned and presently obscured ceiling is proposed for restoration. - California State Library & Courts Building, 914 Capitol Mall, Sacramento, Sacramento County, CA

Supreme Court Deals Blow to Student Journalists.

ERIC Educational Resources Information Center

Gynn, Ann

1989-01-01

Covers the U.S. Supreme Court decision in Hazelwood School District v. Kuhlmeier, which gave principals the right to censor school publications. In "One Student's Pursuit of Journalism," Alexandra Salas relates one student journalist's experience, including internships, from high school through the end of college. (LS)

The New 2001-2002 Term. Supreme Court Roundup.

ERIC Educational Resources Information Center

Williams, Charles F.

2001-01-01

Discusses the issues addressed during the 2001-2002 term of the U.S. Supreme Court, which convened on October 1, 2001: (1) school vouchers; (2) affirmative action; (3) online pornography; and (4) the death penalty. (CMK)

Supreme Court Upholds Religious Liberty: Educational Implications.

ERIC Educational Resources Information Center

Mawdsley, Ralph D.; Russo, Charles J.

1994-01-01

Reviews a set of Supreme Court rulings that may dramatically alter the landscape of First Amendment jurisprudence: "Church of the Lukumi Babalu Aye v. City of Hialeah"; "Jones v. Clear Creek Independent School District"; "Lambs Chapel v. Center Moriches Union Free School District"; and Zobrest v. Catalina Foothills…

Supreme Court rules on disability discrimination.

PubMed

Elliott, R

2000-01-01

On 3 May 2000, the Supreme Court of Canada released a unanimous decision involving the interpretation of the term "handicap" in Québec's anti-discrimination legislation in three complaints filed with the province's human rights commission. While none of the cases involved HIV-related discrimination, the Court's strong decision is of definite benefit in protecting and promoting the rights of people with HIV/AIDS, particularly for those living in Québec. The decision recognizes that people are protected against discrimination based on disability even if their condition does not give rise to any functional limitation and the discrimination is based on the perception that they are disabled.

The Supreme Court's Impact on Public Education.

ERIC Educational Resources Information Center

Reutter, E. Edmund, Jr.

This volume presents an analysis and synthesis of the opinions of the Supreme Court explaining judgments that have directly decided education matters and those that have had substantial impact on public education policies and procedures even though the parties to the suits were not connected with public education. The chapters are structured…

How to Read a U.S. Supreme Court Opinion

ERIC Educational Resources Information Center

Middleton, Tiffany

2013-01-01

Reading U.S. Supreme Court opinions can be intimidating. Yet, in the digital age, it has never been easier to access them. The average opinion is about 4,750 words, and is one of approximately 75 issued by the Court each year. It might be reassuring to know that opinions contain similar parts and tend to follow a similar format. There are also…

Mediation: a response to aid-in-dying and the Supreme Court decision.

PubMed

Saulo, M; Wagener, R J; Rothschild, I S

1998-01-01

The recent U.S. Supreme Court decision concerning aid-in-dying has drawn attention to the complexity of end-of-life care. The authors summarize the recent Supreme Court's decision and the problems surrounding this complex issue. A case study is provided to demonstrate how mediation facilitates collaborative problem solving. Finally, the authors demonstrate how nurse leaders can apply this three-stage process and its attendant principles to facilitate ethical decision making in end-of-life care.

Guaranteed Authority and Contrived Dialogism: The Supreme Court's Majority Opinion in Bowers v. Hardwick.

ERIC Educational Resources Information Center

Conway, Glenda

The Supreme Court opinion's absolute authority and guaranteed admission to the legal canon make it a rhetorically unique genre, but nevertheless one that is illuminated through close analysis. On June 30, 1986, the United States Supreme Court announced its decision in Bowers v. Hardwick, expressing a judgment that the Federal Constitution does not…

Supreme Court Upholds Cal. Law Requiring Maternity Leaves.

ERIC Educational Resources Information Center

Fields, Cheryl M.

1987-01-01

A recent United State Supreme Court ruling upheld a California law requiring employers to grant female employees up to four months of unpaid maternity leave and make reasonable efforts to reinstate them when they return to work. The decision and its implications are discussed. (MSE)

Equal Justice Under Law: The Supreme Court in American Life.

ERIC Educational Resources Information Center

Harrell, Mary Ann

The document describes the establishment, development, procedures, and some landmark cases of the U.S. Supreme Court. The objective is to explore the history of the court and to explain its role in the American system of government. The booklet is presented in four chapters. The first chapter, entitled "A Heritage of Law," offers…

Supreme court agrees: FERC must regulate wholesale markets

DOE Office of Scientific and Technical Information (OSTI.GOV)

Wolak, Frank A.

The author believes that wholesale markets in the United States would have a greater likelihood of ultimately benefiting consumers if the Federal Energy Regulatory Commission did not have the mandate under the Federal Power Act (FPA) to ensure that wholesale prices are ''just and reasonable.'' However, he continues to believe that the FERC cannot avoid having an ex post criteria for asssessing whether market prices are just and reasonable. Moreover, changes in the design and regulatory oversight of U.S. wholesale electricity markets in recent years, including the recent Supreme Court decision, have caused him to believe even more strongly inmore » the guardrails-for-market-outcomes approach. Finally, several questions are addressed which relate to the pricing of fixed-price, long-term contracts and the impact of these obligations on the behavior of suppliers in short-term wholesale markets that are directly relevant to answering the two major questions that the Supreme Court remanded to FERC in its recent decision.« less

We the Students: Supreme Court Cases for and about Students.

ERIC Educational Resources Information Center

Raskin, Jamin B.

This casebook intends to show young people that their rights, their way of life, and indeed sometimes their very life, can depend on one remarkable document, the Constitution of the United States. The casebook is about the United States Constitution and how the Supreme Court and lower courts have interpreted it to govern the lives of U.S. public…

Speaking American: Comparing Supreme Court and Hollywood Racial Interpretation in the Early Twenty-First Century

ERIC Educational Resources Information Center

Hawkins, Paul Henry

2010-01-01

Apprehending that race is social, not biological, this study examines U.S. racial formation in the early twenty-first century. In particular, Hollywood and Supreme Court texts are analyzed as media for gathering, shaping and transmitting racial ideas. Representing Hollywood, the 2004 film "Crash" is analyzed. Representing the Supreme Court, the…

52. SUPREME COURT ROOM, SOUTH WALL, WEST WINDOW DETAIL OF ...

Library of Congress Historic Buildings Survey, Historic Engineering Record, Historic Landscapes Survey

52. SUPREME COURT ROOM, SOUTH WALL, WEST WINDOW DETAIL OF EAST SPLAYED JAMB AND TRIM (NOTE REPAIRED AREAS) - Independence Hall Complex, Independence Hall, 500 Chestnut Street, Philadelphia, Philadelphia County, PA

The Supreme Court at the Bar of History: A Bibliographic Essay.

ERIC Educational Resources Information Center

Stephenson, D. Grier, Jr.

1998-01-01

Presents a bibliographic essay surveying research and literature on the United States Supreme Court. Divides literature on the Court into six categories: (1) constitutional interpretation; (2) general and period histories; (3) biographies; (4) case studies; (5) judicial process; and (6) reference works. Includes a four-page bibliography. (DSK)

The Supreme Court, Affirmative Action, and Higher Education

ERIC Educational Resources Information Center

O'Neil, Robert

2008-01-01

This article discusses the curious mix of good and bad news the American higher education community found in the U.S. Supreme Court's ruling last summer, in "Parents Involved v. Seattle School District" and "Meredith v. Jefferson County Board of Education," about the use of race-based policies by public elementary and secondary…

The Supreme Court retreats another step on abortion.

PubMed

Rosoff, J I

1990-01-01

The 1973 "Roe v. Wade" decision is being further dismantled by the Supreme Court. However, in recent decisions, the new Court majority (except Justice Antonia Scalia) seems to say that there is a constitutional right to abortion. The "Hodgson v. Minnesota" and "Ohio v. Akron Center for Reproductive Health" decisions addressed difficult topics; the ability of a minor to give informed consent; and the rights of parents with regard to minor children. In most circumstances, medical treatment of children must be authorized by a guardian. However, in many states, children may seek treatment for pregnancy, substance abuse, sexually transmitted diseases, and psychological disturbances. In "Planned Parenthood of Central Missouri v. Danforth" and "Bellati v. Baird," the Supreme Court ruled that constitutional protection of abortion could not be conditioned by age, and that parents could not say no to their daughter's wish to have an abortion. If a girl did not want to notify her parent, she could go to a judge instead. The Court never ruled on whether parental notification was constitutional, or whether 1 parent (and, if so, which) or both had to be notified. All of these issues were addressed in "Hodgson" and "Ohio" in ways that were damaging to the welfare and rights of women. In "Hodgson," the Court decided that states may require both biological parents to be notified as long as they have judicial bypass. In "Ohio," the Court approved the state's complicated legal judicial bypass proceedings. It also ruled that the proceedings do not have to be anonymous, just confidential. The reasoning behind the decisions is ambiguous and contradictory. Justice Sandra Day O'Connor agreed that the Minnesota law is very stringent. She said that it was "unreasonable when one considers that only 1/2 of the minors in the State of Minnesota reside with both biological parents." The Court's majority explained that a 48-hour waiting period between the notification and the abortion might place

The Supreme Court, Affirmative Action, and Higher Education

ERIC Educational Resources Information Center

O'Nell, Robert

2008-01-01

The American higher education community found a curious mix of good and bad news in the U.S. Supreme Court's ruling last summer, in "Parents Involved v. Seattle School District and Meredith v. Jefferson County Board of Education", about the use of race-based policies by public elementary and secondary schools. This article discusses this…

Supreme Court Roundup: Review of 1999-2000 Term.

ERIC Educational Resources Information Center

Williams, Charles F.

2000-01-01

Discusses three cases that occurred during the 1999-2000 Supreme Court term: (1) Santa Fe Independent School District v. Doe where public prayers are barred at football games; (2) Boy Scouts v. Dale where a gay scoutmaster was dismissed; and (3) Mitchell v. Helms that questioned the lending of computers to religious schools. (CMK)

Supreme Court strikes down Montana's sodomy law.

PubMed

1997-08-08

The Montana Supreme Court struck down the State's sodomy law and ruled that the law violates the State constitutional right to privacy. Until this ruling, all homosexual relations were labeled deviate sexual conduct, punishable by a $50,000 fine and 10 years in prison. No one had been prosecuted under the law since it was enacted in 1973, but its existence placed gay men and lesbians at risk of prosecution. The high court was not persuaded by the State's argument that the sodomy law was permissible because it prevented HIV infection and preserved public morality, largely because the law was enacted a decade before the first case of AIDS was reported in Montana.

29 CFR 785.25 - Illustrative U.S. Supreme Court decisions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... by the U.S. Supreme Court further illustrate the types of activities which are considered an integral part of the employees' jobs. In one, employees changed their clothes and took showers in a battery...

29 CFR 785.25 - Illustrative U.S. Supreme Court decisions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... by the U.S. Supreme Court further illustrate the types of activities which are considered an integral part of the employees' jobs. In one, employees changed their clothes and took showers in a battery...

29 CFR 785.25 - Illustrative U.S. Supreme Court decisions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... by the U.S. Supreme Court further illustrate the types of activities which are considered an integral part of the employees' jobs. In one, employees changed their clothes and took showers in a battery...

29 CFR 785.25 - Illustrative U.S. Supreme Court decisions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... by the U.S. Supreme Court further illustrate the types of activities which are considered an integral part of the employees' jobs. In one, employees changed their clothes and took showers in a battery...

29 CFR 785.25 - Illustrative U.S. Supreme Court decisions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... by the U.S. Supreme Court further illustrate the types of activities which are considered an integral part of the employees' jobs. In one, employees changed their clothes and took showers in a battery...

Supreme Court to Hear Case on Union Fees

ERIC Educational Resources Information Center

Honawar, Vaishali

2006-01-01

The U.S. Supreme Court agreed last September 2006 to take up the issue of when a teachers' union may spend the money it collects in the form of "agency fees" from nonmembers on political causes. The justices said they would review a Washington state law that requires nonmembers to "affirmatively consent," or opt in, before a…

So You Want to Become a Supreme Court Justice?

ERIC Educational Resources Information Center

Nicholanco, Edward

1989-01-01

Using a simulation of the constitutional procedures on appointment of U.S. Supreme Court justices, illustrates how the separation of powers established by the Constitution affects all three branches of government. Provides an outline of the simulation procedure, a lesson plan, and a brief bibliography. (LS)

The Supreme Court and Educational Policy: The Protected Interests in Education.

ERIC Educational Resources Information Center

Uerling, Donald F.

The nature of the interests in education that are protected by the Constitution may be ascertained by reference to certain due process and equal protection decisions of the Supreme Court reviewed in this paper. Although education is not a right granted by the Constitution, the Court has often recognized the importance of education, both to the…

Science In The Courtroom: The Impact Of Recent US Supreme Court Decisions

NASA Astrophysics Data System (ADS)

Poulter, Susan

2000-03-01

Most physicists' work is far removed from the courtroom, but the principles of physics are important to a number of legal controversies. Several recent lawsuits have claimed that cellular phones cause brain cancer. And litigation over claims that electromagnetic fields cause other cancers has even more important implications for society. The problem of how to distinguish good science from bad in the courtroom has vexed lawyers and scientists alike for many years, and finally drew the attention of the United States Supreme Court in 1993. The Court has now issued three opinions on the standards for screening expert testimony, which require trial judges to evaluate scientific expert witnesses to determine if their testimony is reliable. How well are the new standards working? Is the judicial system doing any better at screening out junk science? This session will discuss how the Supreme Court's opinions are being applied and suggest several strategies, including the use of court appointed experts, that are being implemented to improve the process further.

Double Exposure: The Supreme Court and Sex Discrimination Claims

ERIC Educational Resources Information Center

Russo, Charles J.; Thro, William E.

2009-01-01

The Supreme Court's recent decision in "Fitzgerald v. Barnstable School Committee" (2009) expands the opportunities for students and their parents to sue school boards for alleged sex discrimination. Even so, as discussed here, "Fitzgerald" should have little effect on the day-to-day operations of school systems. This column…

Medically Fragile Students and the Law: Supreme Court Rules.

ERIC Educational Resources Information Center

Brown, Frank

1999-01-01

In March 1999, the U.S. Supreme Court ruled that the Individuals with Disabilities Education Act regulations defining "related services" for disabled children meant paying nursing costs for Garret Frey, a medically fragile student enrolled in the Cedar Rapids (Idaho) Community School District. However, physicians' services are not…

Labor and the Supreme Court: Significant Issues of 1989-90.

ERIC Educational Resources Information Center

Hukill, Craig

1990-01-01

In contrast to its 1988 term, the Supreme Court's new term presents less controversial, though still important, labor issues in such areas as public-sector labor relations, pensions, occupational safety and health, employment discrimination, and workers' compensation. (Author)

Free Speech for Public Employees: The Supreme Court Strikes a New Balance.

ERIC Educational Resources Information Center

Bernheim, Emily

1986-01-01

In "Connick vs. Myers" the Supreme Court applied a threshold requirement to an employee's First Amendment protection of free speech: speech must be related to public concerns as determined by the content, form, and context of a given statement. Discusses applications of this decision to lower court cases. (MLF)

High School Prayers at Graduation: Will the Supreme Court Pronounce the Benediction?

ERIC Educational Resources Information Center

Mawdsley, Ralph D.; Russo, Charles J.

1991-01-01

The Supreme Court has decided to address the facts in "Lee v. Weisman" involving the validity of graduation prayer. Reviews the opinions of the current justices regarding the role of the tripartite establishment clause "Lemon" test and concludes with a projection of the court's resolution of the "Lee" case. (73…

The Public Schools and the Challenge of the Supreme Court's Integration Decision

ERIC Educational Resources Information Center

Wells, Amy Stuart; Frankenberg, Erica

2007-01-01

This past June, a 5-4 majority of the U.S. Supreme Court declared integration plans in Louisville and Seattle unconstitutional because of their focus on race as one factor in assigning students to schools. The Court's ruling in the "Parents Involved in Community Schools" v. "Seattle School District No. 1" and…

Calculation of the Cost of an Adequate Education in Kentucky: A Professional Judgment Approach

ERIC Educational Resources Information Center

Verstegen, Deborah A.

2004-01-01

What is an adequate education and how much does it cost? In 1989, Kentucky's State Supreme Court found the entire system of education unconstitutional--"all of its parts and parcels". The Court called for all children to have access to an adequate education, one that is uniform and has as its goal the development of seven capacities,…

[Professional misconduct in obstetrics and gynecology in light of the Supreme Medical Court between 2002-2012].

PubMed

Kordel, Piotr; Kordel, Krzysztof

2014-11-01

The aim of the study was to present and analyze the verdicts of the Supreme Medical Court concerning professional misconduct among obstetrics and gynecology specialists between 2002-2012. Verdicts of the Supreme Medical Court from 84 cases concerning obstetrics and gynecology speciallsts, passed between 2002-20 12, were analyzed. The following categories were used to classify the types of professional misconduct: decisive erro, error in the performance of a medical procedure, organizational errol error of professional judgment, criminal offence, and unethical behavior. The largest group among the accused professionals were doctors working in private offices and on-call doctors in urban and district hospitals. The most frequent type of professional malpractice was decisive error and the most frequent type of case were obstetric labor complications. The analysis also showed a correlation between the type of case and the sentence in the Supreme Medical Court. A respective jurisdiction approach may be observed in the Supreme Medical Court ruling against cases concerning professional misconduct which are also criminal offences (i.e., illegal abortion, working under the influence). The most frequent types of professional misconduct should determine areas for professional training of obstetrics and gynecology specialists.

Supreme Court Agrees to Review Case of Nevada Coach; Will Focus on Role of the NCAA as a Governmental Body.

ERIC Educational Resources Information Center

Lederman, Douglas

1987-01-01

The Supreme Court agreed to review a ruling by the Nevada Supreme Court that the NCAA had violated Jerry Tarkanian's constitutional right to due process. The Court will focus on whether the NCAA acts as a governmental body when it regulates college sports. (MLW)

The Heavy Hand of the Law: The Canadian Supreme Court and Mandatory Retirement.

ERIC Educational Resources Information Center

Klassen, Thomas R.; Gillin, C. T.

1999-01-01

An analysis of decisions by the Supreme Court of Canada that mandatory retirement for firefighters at age 60 violated human rights but forced retirement of university faculty at age 65 was constitutional indicated that the court relied on stereotypes of older workers as being less competent. (JOW)

The Supreme Court Spanking Ruling: An Issue in Debate.

ERIC Educational Resources Information Center

Welsh, Ralph S.; And Others

Few issues have polarized the educational community so completely as the 1975 and 1977 decisions by the U.S. Supreme Court to allow corporal punishment in the schools. The symposium reported here was organized and conducted following the 1975 decision but prior to the 1977 one. Three papers in support and three papers against the ruling were read,…

Abortion foes get turn to ask Supreme Court for constitutional protection.

PubMed

Denniston, L

1994-04-28

The US Supreme Court began hearing arguments on the constitutionality of a Florida judge's order which placed limits on anti-abortion protesting. This case will be the last abortion--related decision for Justice Harry A. Blackmun, who was the author of the original decision granting the right to abortion in Roe vs. Wade, before retiring from the Court in September 1994. Anti-abortion activists claim 1st Amendment protection, much the same as Dr. Martin Luther King's marches in advancing Blacks' civil rights. The case involved a Melbourne abortion clinic. The murder of Dr. Gunn outside an abortion clinic in Pensacola, Florida, will be used to support the need for protection from extremist violence. The conflict appears to be over the right to save women's right to abortion and over simple, peaceful protests and prayers against abortion. One anti-abortion foe, affiliated with Operational Rescue and initiating the appeal to the Supreme Court, is scheduled to testify before the Court: Judy Madsen, a protester who has counseled outside clinics. Ms. Madsen says she is exercising her freedom to protect human life. Other testimony will come from Reverend Ed Martin of Ocala, Rescue America's founder, and Shirley Hobbs, a homemaker from Orlando. Representation will be made by lawyer Matthew Staver, who will argue that the ruling was directed to a political position. Other support will come from religious and anti-abortion groups and the AFL-CIO. Testifying for the clinic, the Aware Women's Center for Choice, will be the owner and operator Patricia Baird Windle. Over the past 5 years, the Melbourne Clinic had been a target for the nationwide anti-abortion campaign by Operation Rescue. Because of the conflicting rulings between the Florida Supreme Court, which ruled to keep protesters away from clinic grounds and staff homes, and 11th US Circuit Court of Appeals ruling of unconstitutionality, no protection is afforded the clinic. Previous protection had occurred due to a 1992

The Supreme Court, Religion and the Temper of the Times.

ERIC Educational Resources Information Center

Hunt, Thomas C.

1986-01-01

Explores ties between contemporary social issues and Supreme Court decisions during four periods. Considers Meyer v. Nebraska (1923), Pierce v. Society of Sisters (1925), Central School District v. Allen (1968), Lemon v. Kurtzman (1971), Wallace v. Jaffree (1985), Aguilar v. Felton (1985), and other decisions. (DMM)

The Supreme Court’s Climate Change Decision: Massachusetts v. EPA

DTIC Science & Technology

2007-05-18

On April 2, 2007, the Supreme Court handed down Massachusetts v. EPA, its first pronouncement on climate change . By 5-4, the Court held the following...emissions from new motor vehicles on the basis of their possible climate change impacts, and (3) Section 202 does not authorize EPA to inject policy... climate change science is so uncertain as to preclude making a finding either way. The decision also has implications for other climate - change -related

Amicus Curiae Brief for the United States Supreme Court on Mental Health Issues Associated with "Physician-Assisted Suicide"

ERIC Educational Resources Information Center

Werth, James L., Jr.; Gordon, Judith R.

2002-01-01

After providing background material related to the Supreme Court cases on "physician-assisted suicide" (Washington v. Glucksberg, 1997, and Vacco v. Quill, 1997), this article presents the amicus curiae brief that was submitted to the United States Supreme Court by 2 national mental health organizations, a state psychological association, and an…

The Supreme Court, the Religion Clauses and the Nationalization of Education

ERIC Educational Resources Information Center

Nowak, John E.

1976-01-01

In Meek v. Pittenger the Supreme Court ended the possibility that the states would be able to grant any meaningful form of aid to students attending parochial elementary or secondary schools. Implications of this and other cases are discussed. (LBH)

Oregon Supreme Court Ruling Prohibits Hospital from Refusing a Sell Order.

PubMed

Chien, Joseph; Mobbs, Karl E

2016-03-01

In a recent decision involving a capital murder case, Oregon State Hospital v. Butts, the Oregon Supreme Court conducted a mandamus hearing to ascertain whether Oregon State Hospital (OSH) had a legal duty to comply with a Sell order from a county trial court to provide antipsychotic medications to an incompetent defendant, despite its belief, as an institution, that medication was not clinically indicated. The case is reviewed and important implications, including the court's being granted the ability to circumvent the medical decision-making process, are discussed. © 2016 American Academy of Psychiatry and the Law.

Updating a Classic: "The Poisson Distribution and the Supreme Court" Revisited

ERIC Educational Resources Information Center

Cole, Julio H.

2010-01-01

W. A. Wallis studied vacancies in the US Supreme Court over a 96-year period (1837-1932) and found that the distribution of the number of vacancies per year could be characterized by a Poisson model. This note updates this classic study.

Supreme Court Strikes down a Gun Ban and Raises Questions for College Campuses

ERIC Educational Resources Information Center

Kelderman, Eric; Lipka, Sara

2008-01-01

The Supreme Court's landmark ruling overturning Washington, D.C.'s handgun ban could have implications for colleges that prohibit firearms on their campuses. Last month the court declared for the first time that the U.S. Constitution's Second Amendment protects an individual's right to keep a gun, not just the right of states to maintain armed…

Supreme Court to Hear Case that Could Limit Sex-Bias Claims against Colleges

ERIC Educational Resources Information Center

Kelderman, Eric

2008-01-01

This article reports that the U.S. Supreme Court is scheduled to hear arguments in December in a case that could make it more difficult for plaintiffs to win sexual-discrimination or sexual-harassment lawsuits against colleges and other educational institutions. The justices will decide whether to uphold a decision of the U.S. Court of Appeals for…

U.S. Supreme Court rules ADA applies to correctional facilities.

PubMed

1998-06-26

In the Pennsylvania Department of Corrections v. [Name removed], the U.S. Supreme Court unanimously ruled that correctional facilities are subject to the provisions under the Americans with Disabilities Act (ADA); this ruling has broad implications for prisoners with HIV infection. When [name removed] was denied admission to a motivational boot camp program at the prison due to hypertension, he sued, claiming that his rights under the ADA had been violated. The Court rejected Pennsylvania's argument that eligibility and participation, as used in Title II of the ADA, imply voluntariness and, therefore, do not apply because inmates are being held against their will. The Court further rejected the argument that the ADA excluded prisoners because the act doesn't specifically mention them. This decision may aid in a case that is before the 11th Circuit Court regarding inmates with HIV having the right to equal access to services. Oral arguments on the 11th Circuit Court case will be heard on September 10, 1998.

A Supreme Challenge: Achieving the Educational and Societal Benefits of Diversity after the Supreme Court's "Fisher" Decision

ERIC Educational Resources Information Center

Alger, Jonathan R.

2013-01-01

This invited commentary provides a response to the U.S. Supreme Court's decision in the case of "Fisher v. University of Texas at Austin" (2013). The author addresses the question regarding whether the newest decision about the use of affirmative action in higher education admissions raised the bar with respect to the legal doctrine of…

The Supreme Court Upholds Drug Testing of Student Participants in Extracurricular Activities.

ERIC Educational Resources Information Center

Mawdsley, Ralph D.; Russo, Charles J.

2003-01-01

Analysis of 2001 United States Supreme Court decision in "Earls v. Board of Education of Tecumseh Public Schools," upholding random drug testing for students participating in extracurricular activities. Discusses implications for school policy and practice. (Contains 15 references.) (PKP)

NCA Legal Alert. A Preview: 1986-1987 Supreme Court Cases Affecting Education.

ERIC Educational Resources Information Center

Corkill, Phillip M.

1987-01-01

Offers brief summaries of upcoming Supreme Court cases that have implications for education, including two cases involving religion, affirmative action, and school policy regarding employees and students who have Acquired Immune Deficiency Syndrome (AIDS) or carry AIDS antibodies. (DMM)

Reflections on the 25th Anniversary of the U.S. Supreme Court's Decision in Board of Education v. Rowley

ERIC Educational Resources Information Center

Yell, Mitchell L.; Katsiyannis, Antonis; Hazelkorn, Michael

2007-01-01

June 22, 2007, was the 25th anniversary of the U.S. Supreme Court's decision in Board of Education of the Hendrick Hudson Central School District v. Rowley (hereafter Rowley; 1982). In Rowley, the Supreme Court interpreted congressional intent in requiring that public schools provide a free appropriate public education (FAPE) to students with…

"Forest Grove School District v. T.A.": The Supreme Court and Unilateral Private Placements

ERIC Educational Resources Information Center

Yell, Mitchell L.; Katsiyannis, Antonis; Collins, Terri S.

2010-01-01

On June 22, 2009, the U.S. Supreme Court issued its decision in the case "Forest Grove School District v. T.A." (hereafter "Forest Grove"). In "Forest Grove," the High Court answered the question of whether the parents of students with disabilities are entitled to reimbursement for the costs associated with placing…

A Comparison of Coverage of Speech and Press Verdicts of Supreme Court.

ERIC Educational Resources Information Center

Hale, F. Dennis

1979-01-01

An analysis of the coverage by ten newspapers of 20 United States Supreme Court decisions concerning freedom of the press and 20 decisions concerning freedom of speech revealed that the newspapers gave significantly greater coverage to the press decisions. (GT)

Media Agendas and Human Rights: The Supreme Court Decision on Abortion.

ERIC Educational Resources Information Center

Pollock, John Crothers; And Others

1978-01-01

Examines coverage of the abortion issue prior to, during, and after the 1973 Supreme Court decision legalizing elective abortion in daily newspapers in Boston, Chicago, Los Angeles, New York, and Washington, D.C. Considers the effect on news coverage of local religious composition, income levels, race, and abortion rate. (GW)

Post-1970 Supreme Court Decisions Arising in Institutions of Higher Education.

ERIC Educational Resources Information Center

Zirkel, Perry A.

An annotated bibliography lists 34 Supreme Court decisions since 1970 that have arisen in colleges and universities. They are organized according to the type of institution to which they appear to apply (public, general, private, and church-related), and according to their application to student or faculty affairs. The following decisions are…

Supreme Court Rulings on Abortion: Roe v. Wade and Selected Progeny

ERIC Educational Resources Information Center

Uerling, Donald F.

2006-01-01

Abortion is one of the most controversial and contentious issues of our time. Few topics generate as much public debate or leave as little room for political compromise. This article presents a discussion of selected United States Supreme Court decisions on abortion and the legal reasoning supporting those decisions. It should be noted initially…

Supreme Court's Patent Ruling Could Spell Trouble For Blackboard and Others

ERIC Educational Resources Information Center

Carnevale, Dan

2007-01-01

Many college officials have criticized Blackboard Inc. for its patent on its course-management system, arguing that the patent is overly broad and seems to cover the entire concept of online learning. Critics of Blackboard and other companies that have patents on learning technology are welcoming a recent Supreme Court ruling that they hope may…

Using Conceptual Tensions and Supreme Court Cases to Increase Critical Thinking in Government and Civics Classrooms

ERIC Educational Resources Information Center

Magwood, Ayo; Ferraro, Krista Fantin

2013-01-01

Each week, U.S. government classes at the authors' school eagerly organize and participate in moot courts. When they began a search for a Supreme Court case study on substantive due process, they found that the only appropriate brief on the StreetLaw website--a treasure trove of student-accessible court case summaries--"Lawrence v.…

A Review of Cases Pending Before the United States Supreme Court.

ERIC Educational Resources Information Center

Fearen, William

This article, the fifteenth chapter of a book on school law, presents a sketch of education cases for which a hearing has been granted by the Supreme Court or for which petitions are pending. Hearings have been granted to education cases in five areas: church-state relationships, Title IX, book censorship, busing, and P.L. 94-142. Regarding…

California Supreme Court refuses to hear PG and E appeal

DOE Office of Scientific and Technical Information (OSTI.GOV)

Not Available

The California Supreme Court's refusal to hear an appeal to overturn the state commission's ruling is a victory for independent power producers and a defeat for Pacific Gas and Electric's effort to eliminate competition. At issue were decisions that the utility must stand by its agreement to buy power from independent producers under contract. The decision clarifies legal issues and removes the uncertainties which have hampered other projects.

Supreme Court Rejects Coach's Plea, Exempts NCAA from Constitution's Due-Process Requirement.

ERIC Educational Resources Information Center

Lederman, Douglas

1989-01-01

The Supreme Court ruled that the National Collegiate Athletic Association is not a governmental entity, enhancing the NCAA's powers by exempting it from constitutional guarantees that governments must act according to due process of law. A dichotomy between the ability of universities to implement NCAA penalties is seen. (MLW)

"Endrew F. v. Douglas County School District" (2017): FAPE and the U.S. Supreme Court

ERIC Educational Resources Information Center

Yell, Mitchell L.; Bateman, David F.

2017-01-01

Thirty-five years ago, the U.S. Supreme Court announced its decision in "Rowley" (1982). The case, which was the first special education case to be heard by the Court, ruled on the question of what constituted Free Appropriate Public Education (FAPE) for students with disabilities under the Education for All Handicapped Children Act of…

"Forest Grove School District v. T.A." Supreme Court Case: Implications for School Psychology Practice

ERIC Educational Resources Information Center

Dixon, Shauna G.; Eusebio, Eleazar C.; Turton, William J.; Wright, Peter W. D.; Hale, James B.

2011-01-01

The 2009 "Forest Grove School District v. T.A." United States Supreme Court case could have significant implications for school psychology practice. The Court ruled that the parents of a student with a disability were entitled to private school tuition reimbursement even though T.A. had not been identified with a disability or previously…

Violent Video Games and the Supreme Court: Lessons for the Scientific Community in the Wake of Brown v. Entertainment Merchants Association

ERIC Educational Resources Information Center

Ferguson, Christopher J.

2013-01-01

In June 2011 the U.S. Supreme Court ruled that video games enjoy full free speech protections and that the regulation of violent game sales to minors is unconstitutional. The Supreme Court also referred to psychological research on violent video games as "unpersuasive" and noted that such research contains many methodological flaws.…

Supreme Court refuses to review clinic access law; Second Appeals Court upholds statute.

PubMed

1995-06-30

On June 19, the US Supreme Court refused to review "Woodall v. Reno," a challenge to the Freedom of Access to Clinic Entrances Act (FACE) filed in Virginia by an anti-choice individual. FACE prohibits the use of force, threat of force, or physical obstruction to intentionally injure, intimidate, or interfere with anyone providing or obtaining reproductive health services. By denying the petition for "certiorari," the High Court let stand the US Court of Appeals for the Fourth Circuit decision in February. In that ruling, the midlevel federal court affirmed a lower court's dismissal of two of the eight anti-choice lawsuits challenging FACE, "Woodall v. Reno" and "American Life League v. Reno," which were consolidated by the appeals panel. Although plaintiffs in the first case filed a request for review by the High Court within days of the appellate court ruling, plaintiffs in the latter case waited until May to do so. The Department of Justice, which is defending the federal statute, and CRLP and the NOW Legal Defense and Education Fund, who are intervening on behalf of women and health care providers, will file their opposition to the review by July 26. The Justices will then decide to hear the case. On June 23, a three-judge panel for the US Court of Appeals for the Eleventh Circuit affirmed a lower court's decision to dismiss "Cheffer v. Reno," a facial challenge by Florida anti-choice activists seeking to invalidate FACE. The appeals court had ruled the law did not infringe on First Amendment rights, and the panel rejected the argument that Congress had exceeded its authority under the Commerce Clause of the US Constitution by finding that the measure "protects and regulates commercial enterprises." The appeals court accepted an "amicus" brief filed by CRLP and NOW Legal Defense and Education Fund on behalf of the National Abortion Federation, the National Organization of Women, physicians, and women's health clinics, but denied their request to intervene in the

The Supreme Court, "Endrew", and the Appropriate Education of Students with Disabilities

ERIC Educational Resources Information Center

Turnbull, H. Rutherford; Turnbull, Ann P.; Cooper, David H.

2018-01-01

In this article, we analyze the Supreme Court's decision in "Endrew F. v. Douglas County School District RE-1" (2017), interpreting the Individuals with Disabilities Education Act (IDEA) and its provisions creating a right of every student with a disability to have an appropriate education. We compare the "Endrew" decision with…

Agency Shop Fees and the Supreme Court: Union Control and Academic Freedom.

ERIC Educational Resources Information Center

Russo, Charles J.; And Others

1992-01-01

In "Lehnert v. Ferris Faculty Association" the Supreme Court agreed that local unions can charge nonmembers for some parent-organization expenses not directly related to bargaining. Contends that the decision weakens the academic freedom for college and university faculty members who do not wish to voluntarily support union activity. (21…

The Supreme Court Holds That Section 504 Does Not Require Affirmative Action.

ERIC Educational Resources Information Center

Flygare, Thomas J.

1979-01-01

In deciding that a person with a serious hearing handicap could be denied entry into a nursing program, the Supreme Court held that Section 504 of the Rehabilitation Act of 1973 does not require affirmative action but imposes the lesser obligation that institutions avoid discrimination against handicapped persons. (Author/IRT)

Changing the constitutional landscape for firearms: the US Supreme Court's recent Second Amendment decisions.

PubMed

Vernick, Jon S; Rutkow, Lainie; Webster, Daniel W; Teret, Stephen P

2011-11-01

In 2 recent cases-with important implications for public health practitioners, courts, and researchers-the US Supreme Court changed the landscape for judging the constitutionality of firearm laws under the Constitution's Second Amendment. In District of Columbia v Heller (2008), the court determined for the first time that the Second Amendment grants individuals a personal right to possess handguns in their home. In McDonald v City of Chicago (2010), the court concluded that this right affects the powers of state and local governments. The court identified broad categories of gun laws-other than handgun bans-that remain presumptively valid but did not provide a standard to judge their constitutionality. We discuss ways that researchers can assist decision makers.

Voluntary Race-Conscious Affirmative Action Plans: The Significance of Two Recent Supreme Court Decisions.

ERIC Educational Resources Information Center

Fischer, Louis

1987-01-01

Presents the United States Supreme Court's decisions in Wygant v. the Jackson Board of Education and in International Association of Firefighters v. City of Cleveland. Explores the decisions' more general applications to voluntary affirmative action plans. (PS)

The Young Oxford Companion to the Supreme Court of the United States.

ERIC Educational Resources Information Center

Patrick, John J.

This book, intended for juveniles and young students, provides an encyclopedic collection of reference information about the U.S. Supreme Court. The articles are arranged alphabetically to aid in looking up words, ideas, or names. Lists of "see also" entries are located at the end of articles to refer the reader to related subjects. The…

Changing the Constitutional Landscape for Firearms: The US Supreme Court's Recent Second Amendment Decisions

PubMed Central

Rutkow, Lainie; Webster, Daniel W.; Teret, Stephen P.

2011-01-01

In 2 recent cases—with important implications for public health practitioners, courts, and researchers—the US Supreme Court changed the landscape for judging the constitutionality of firearm laws under the Constitution's Second Amendment. In District of Columbia v Heller (2008), the court determined for the first time that the Second Amendment grants individuals a personal right to possess handguns in their home. In McDonald v City of Chicago (2010), the court concluded that this right affects the powers of state and local governments. The court identified broad categories of gun laws—other than handgun bans—that remain presumptively valid but did not provide a standard to judge their constitutionality. We discuss ways that researchers can assist decision makers. PMID:21940936

Accommodation and Adjudication in Student-Administration Conflicts: The Difficult Legacy of the U.S. Supreme Court

ERIC Educational Resources Information Center

Meyer, Heinz-Dieter; Bratge, Katrina

2011-01-01

In this article, we consider a series of U.S. Supreme Court rulings that place public school students under an expansive shield of constitutional rights while often hampering the ability of administrators to engage in flexible and creative conflict resolution in the context of the school's mission. The court's readiness to adjudicate a large range…

Prescription data mining, medical privacy and the First Amendment: the U.S. Supreme Court in Sorrell v. IMS health Inc.

PubMed

Boumil, Marcia M; Dunn, Kaitlyn; Ryan, Nancy; Clearwater, Katrina

2012-01-01

In 2011, the United States Supreme Court in Sorrell v. IMS Health Inc. struck down a Vermont law that would restrict the ability of pharmaceutical companies to purchase certain physician-identifiable prescription data without the consent of the prescriber. The law's stated purpose was threefold: to protect the privacy of medical information, to protect the public health and to contain healthcare costs by promoting Vermont's preference in having physicians prescribe more generic drugs. The issue before the Supreme Court was whether the Vermont law represented a legitimate, common sense regulatory program or a bold attempt to suppress commercial speech when the "message" is disfavored by the state. Striking down the law, the Supreme Court applied a heightened level of First Amendment scrutiny to this commercial transaction and held that the Vermont law was not narrowly tailored to protect legitimate privacy interests.

Nine Men Plus. Supreme Court Opinions on Free Speech and Free Press. An Academic Game Simulation.

ERIC Educational Resources Information Center

Gorden, William I.

The format of this text is dialogue--dialogue which involves formulating answers to knotty kinds of questions about free speech and free press which have worked their way to the Supreme Court. But it is a test meant to be played rather than read. Small groups within a classroom can simulate the Court's decision making process after minimal…

Professors Join the Fray as Supreme Court Hears Arguments in File-Sharing Case

ERIC Educational Resources Information Center

Foster, Andrea L.

2005-01-01

U.S. Supreme Court justices struggled in a lively debate with how to balance the competing interests of the entertainment industry and developers of file-sharing technology. Some justices sharply questioned whether it was fair to hold inventors of a distribution technology liable for copyright infringement, while others suggested that it was wrong…

Supreme Court Hears Privacy Case Between NASA and Jet Propulsion Laboratory Scientists

NASA Astrophysics Data System (ADS)

Showstack, Randy

2010-10-01

After NASA put into practice the 2004 Homeland Security Presidential Directive-12, known as HSPD-12, Dennis Byrnes talked to then-NASA administrator Michael Griffin. Byrnes recalls that Griffin told him in 2007 that if he didn’t like the agency's implementation of HSPD-12, he should go to court. That's exactly what Byrnes, an employee of the California Institute of Technology (Caltech) working as a senior engineer at NASA's Jet Propulsion Laboratory (JPL) in Pasadena, Calif., did. Concerned about prying and open-ended background investigations of federal contractors through NASA's implementation of HSPD-12, he, along with lead plaintiff Robert Nelson and 26 other Caltech employees working at JPL, sued NASA. Following several lower court decisions, including an injunction issued by a U.S. federal appeals court in response to a plaintiff motion, the case made it all the way to the U.S. Supreme Court, which heard oral arguments on 5 October.

The Many Faces of Compliance: The Supreme Court's Decision in "Horne v. Flores"

ERIC Educational Resources Information Center

Thro, William E.

2009-01-01

At first blush, the Supreme Court's recent decision in "Horne v. Flores" (2009) appears to be about the proper standard for determining when to modify a previous judgment, a topic that would interest only civil procedure geeks. Yet, on closer examination, "Horne" is about giving local and state officials discretion to solve education problems and,…

U.S. Supreme Court Attempts to Establish New First Amendment "Right": Pico v. Island Trees School Board.

ERIC Educational Resources Information Center

Jarvis, Mel

1982-01-01

In the case of "Pico v. Island Trees Union Free School District," involving school library censorship by a Long Island (New York) board, the U.S. Supreme Court in 1982 failed to decide whether board discretion or First Amendment rights should prevail, and instead remanded the case to lower courts. The author of this document first…

Supreme court of Canada's "Beautiful Mind" case.

PubMed

Gray, John E; O'Reilly, Richard L

2009-01-01

The Supreme Court of Canada's (SCC) first case involving capacity and the refusal of involuntary psychiatric treatment involved a self described "professor" who had been referred to as "Canada's Beautiful Mind". He had been found not criminally responsible on account of mental disorder for uttering death threats. While considered incapable of making a treatment decision by psychiatrists and a review board, three levels of court, including the SCC, found him to be capable. "Professor" Starson therefore continued to refuse treatment for his psychosis and spent over seven years detained because he refused the treatment required to become well enough to be released. This refusal of treatment is permitted under Ontario law, although it is not permitted in some other Canadian provinces, and in many other countries. This article describes Starson's situation, Ontario's law with respect to consent to treatment and relevant Canadian constitutional and criminal law. It provides an analysis of the Consent and Capacity Board decision and the court appeals. Implications from Starson's case are analyzed in relation to what happened to Starson, human rights and comparative law pertaining to involuntary patients' refusal of treatment, especially their relevance to the Canadian Charter of Rights and Freedoms, and laws in some other countries. Many Canadian and foreign jurisdictions where laws apparently accord with human rights codes do not allow a person to refuse the treatment required to restore their liberty. We conclude that a law that allows a person with a mental illness to be incarcerated indefinitely in a "hospital" because needed psychiatric treatment cannot, by law, be provided is not justifiable in a caring democratic jurisdiction.

NON-NAVIGABLE STREAMS AND ADJACENT WETLANDS: ADDRESSING SCIENCE NEEDS FOLLOWING THE SUPREME COURT'S RAPANOS DECISION

EPA Science Inventory

In June of 2006, the US Supreme Court ruled in two cases concerning jurisdiction under the Clean Water Act (CWA). The decisions suggest that hydrological permanence of non-navigable streams and adjacent wetlands (NNSAWs) and their effects on the chemical, physical, and biological...

Health Implications of the Supreme Court's Obergefell vs. Hodges Marriage Equality Decision

PubMed Central

2015-01-01

Abstract The United States Supreme Court's Obergefell vs. Hodges groundbreaking marriage equality decision also created new terrain for lesbian, gay, bisexual, and transgender (LGBT) persons regarding health, healthcare, and health benefits. This article addresses the health implications of this decision by examining its impact on minority stress and stigmatization and health-related benefits. It also includes a discussion of several impending issues affecting LGBT health that remain after Obergefell. PMID:26788668

Health Implications of the Supreme Court's Obergefell vs. Hodges Marriage Equality Decision.

PubMed

Perone, Angela K

2015-09-01

The United States Supreme Court's Obergefell vs. Hodges groundbreaking marriage equality decision also created new terrain for lesbian, gay, bisexual, and transgender (LGBT) persons regarding health, healthcare, and health benefits. This article addresses the health implications of this decision by examining its impact on minority stress and stigmatization and health-related benefits. It also includes a discussion of several impending issues affecting LGBT health that remain after Obergefell.

[Chakrabarty today: 30 years after the United States Supreme Court Resolution].

PubMed

Bergel, Salvador Darío

2010-01-01

The decision of the United States Supreme Court in the Chakrabarty case marked the beginning of a far reaching process, the development of which considerably extended the field of patentabiltiy of humans, their body parts and genetic information. The author believes that a period of three decades is sufficient to draw conclusions. A critical point has been reached from a debatable decision, which had more economic support than legal, which requires serious recapitulation of the scope and the purpose of industrial property rights.

The Evolving Nature of the Supreme Court since Brown v. Board of Education of Topeka, 1954 in Retrospect and Prospect.

ERIC Educational Resources Information Center

Gill, Robert L.

1980-01-01

Traces Supreme Court responses to civil rights issues since 1953. Considers the personal role of Chief Justice Earl Warren in reversing many discriminatory laws, and the conservative decisions of the more recent Burger Court with its Nixon appointees. (GC)

The Supreme Court, abortion, and the jurisprudence of class.

PubMed Central

Mariner, W K

1992-01-01

The US Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v Casey both protects a woman's liberty to choose to terminate her pregnancy and permits the state to make it more difficult for her to exercise her choice. In their opinion on the case, Justices O'Connor, Kennedy, and Souter eloquently defend constitutional protection of the right to make intimate decisions like continuing or ending a pregnancy. At the same time, they permit the state to try to persuade pregnant women not to have abortions and to make abortion harder to obtain and more costly, as long as the state's methods do not create an "undue burden" on the decision. Any restriction on abortion is a burden; whether it is "undue" (and therefore unconstitutional) depends on one's circumstances. The Court appears to view the difference between an undue burden and mere inconvenience from the perspective of privilege. The restrictions that were upheld may not significantly affect middle-class access to abortion, but they could prove insurmountable for many less privileged women. PMID:1443311

What Do You See? The Supreme Court Decision in "PICS" and the Resegregation of Two Southern School Districts

ERIC Educational Resources Information Center

Anderson, Celia Rousseau

2011-01-01

Background/Context: In June 2007, the U.S. Supreme Court ruled to prohibit student assignment on the basis of race. In Parents Involved in Community Schools v. Seattle School District No. 1 (hereafter referred to as PICS), the court deemed race-based strategies used to voluntarily desegregate school districts to be unconstitutional. Although the…

Mum's the word: the Supreme Court and family planning.

PubMed Central

Mariner, W K

1992-01-01

On May 23, 1991, the US Supreme Court upheld federal regulations that prohibit federally funded family planning programs from counseling about or referring for abortion. As a result, government benefits may now entail substantial costs. The regulations changed the nature of government-assisted family planning from comprehensive care and counseling to limited services and government-prescribed information. The reasoning in Rust v Sullivan allows government to limit freedom of speech in federally funded programs. The decision may have been influenced by antiabortion sentiment, but it does not affect the legality of abortion. Instead, it sets a precedent for government control of whether and how health care can be discussed wherever government pays some of the bills. PMID:1739169

A CONCEPTUAL FRAMEWORK FOR ADDRESSING INFORMATION NEEDS FOLLOWING THE US SUPREME COURT'S RAPANOS AND CARABELL DECISIONS

EPA Science Inventory

In June 2006, the US Supreme Court issued decisions in two cases concerning the Clean Water Act (CWA). The decisions discuss factors potentially relevant to CWA jurisdiction, including the hydrological permanence of non-navigable streams and adjacent wetlands (NNSAWs) and their ...

ASBO at 100: A Supreme Court Retrospective on Religion, Student Rights, and Employee Rights

ERIC Educational Resources Information Center

Russo, Charles J.

2009-01-01

In the opening sentence of his May 1949 article in this journal, Ward W. Keesecker was on the mark in writing, "What the Supreme Court of the United States has said pertaining to State school administration and how their decisions affect the rights and privileges of individuals are matters of wide interest and concern to school business officials…

Public Education, Constitutional Values and the Supreme Court of Canada: Has Our Highest Court Offered a Balanced Approach to Judicial Decision-Making?

ERIC Educational Resources Information Center

Clarke, Paul T.

2004-01-01

Since the advent of the "Canadian Charter of Rights and Freedoms", the Supreme Court of Canada (SCC) has rendered judgments in four cases where individual educational stakeholders have alleged violations of their constitutional rights. In three of the cases, "R. v. Jones", "Eaton v. Brant County Board of Education",…

Hazelwood Decision: The Complete Text of the Jan. 13 U.S. Supreme Court 5-3 Decision.

ERIC Educational Resources Information Center

Quill and Scroll, 1988

1988-01-01

Reprints the complete text of the January 13, 1988 United States Supreme Court decision on Hazelwood School District versus Kuhlmeier, which concerns educators' editorial control over the content of a high school newspaper produced as part of a school's journalism curriculum. (MS)

Forum: Reconsidering the Supreme Court's "Rodriguez" Decision--Is There a Federal Constitutional Right to Education?

ERIC Educational Resources Information Center

Ogletree, Charles J., Jr.; Robinson, Kimberly Jenkins; Lindseth, Alfred A.; Testani, Rocco E.; Peifer, Lee A.

2017-01-01

Does the U.S. Constitution guarantee a right to education? The Supreme Court declared that it does not in "San Antonio Independent School District v. Rodriguez," a 1973 case alleging that disparities in spending levels among Texas school districts violated students' constitutional rights. This issue's forum contains two essays. The first…

Statistical Mechanics of US Supreme Court

NASA Astrophysics Data System (ADS)

Lee, Edward; Broedersz, Chase; Bialek, William; Biophysics Theory Group Team

2014-03-01

We build simple models for the distribution of voting patterns in a group, using the Supreme Court of the United States as an example. The least structured, or maximum entropy, model that is consistent with the observed pairwise correlations among justices' votes is equivalent to an Ising spin glass. While all correlations (perhaps surprisingly) are positive, the effective pairwise interactions in the spin glass model have both signs, recovering some of our intuition that justices on opposite sides of the ideological spectrum should have a negative influence on one another. Despite the competing interactions, a strong tendency toward unanimity emerges from the model, and this agrees quantitatively with the data. The model shows that voting patterns are organized in a relatively simple ``energy landscape,'' correctly predicts the extent to which each justice is correlated with the majority, and gives us a measure of the influence that justices exert on one another. These results suggest that simple models, grounded in statistical physics, can capture essential features of collective decision making quantitatively, even in a complex political context. Funded by National Science Foundation Grants PHY-0957573 and CCF-0939370, WM Keck Foundation, Lewis-Sigler Fellowship, Burroughs Wellcome Fund, and Winston Foundation.

A plea for caution: violent video games, the Supreme Court, and the role of science.

PubMed

Hall, Ryan C W; Day, Terri; Hall, Richard C W

2011-04-01

On November 2, 2010, the US Supreme Court heard arguments in the case of Schwarzenegger v Entertainment Merchants Association, with a ruling expected in 2011. This case addressed whether states have the right to restrict freedom of speech by limiting the sale of violent video games to minors. To date, 8 states have tried to pass legislation to this effect, with all attempts being found unconstitutional by lower courts. In large part, the Supreme Court's decision will be determined by its review and interpretation of the medical and social science literature addressing the effects of violent video games on children. Those on both sides of the violent video game debate claim that the scientific literature supports their opinions. Some involved in the debate have proclaimed that the debate is scientifically settled and that only people holding personal interests and biases oppose these "established truths." We review the historical similarities found in the 1950s comic book debate and studies identified from a PubMed search of the term violent video games showing both the harmful and beneficial effects of these video games. We define factors that physicians need to consider when reading and stating opinions about this literature. Opinions from past court rulings are discussed to provide insight into how judges may approach the application of these social science studies to the current legal issue. Although on the surface the case of Schwarzenegger v Entertainment Merchants Association pertains only to the restriction of violent video games, it may establish principles about how medical and public health testimony can affect fundamental constitutional rights and how much and on what basis the courts will defer to legislators' reliance on unsettled science.

Sexual Harassment Law after the 1997-98 U.S. Supreme Court Term. [School Boards Liability].

ERIC Educational Resources Information Center

Shaw, Brian C.; Hyde, W. Brent

1998-01-01

During its 1997-98 term, the U.S. Supreme Court decided four major sexual harassment cases. This article summarizes those cases' impact on the analytical framework governing school boards' liability of sexual harassment. The text opens with the issue of sexual harassment of employees by supervisors and two cases that established new standards…

"Political Propaganda": An Analysis of the U.S. Supreme Court Decision in Meese v. Keene.

ERIC Educational Resources Information Center

Lipschultz, Jeremy Harris

The United States Supreme Court case, Meese v. Keene, in which the justices narrowly defined the meaning of the term "political propaganda," failed to address adequately the complexities of the issue. In this case it is necessary to bring together divergent views about communications in the analysis of the legal problem, including…

Classification, Social Contracts, Obligations, Civil Rights, and the Supreme Court: Sutton v. United Air Lines.

ERIC Educational Resources Information Center

Turnbull, H. Rutherford, III; Stowe, Matthew J.

2001-01-01

This article analyzes the 1999 decision of the U.S. Supreme Court, Sutton v. United Air Lines, as it pertains to people with disabilities, especially students covered by federal education and civil rights legislation. It sets out implications of the decision for special and general educators as they engage in Individualized Education Program…

The Effect of a Supreme Court Decision Regarding Gay Marriage on Social Norms and Personal Attitudes.

PubMed

Tankard, Margaret E; Paluck, Elizabeth Levy

2017-09-01

We propose that institutions such as the U.S. Supreme Court can lead individuals to update their perceptions of social norms, in contrast to the mixed evidence on whether institutions shape individuals' personal opinions. We studied reactions to the June 2015 U.S. Supreme Court ruling in favor of same-sex marriage. In a controlled experimental setting, we found that a favorable ruling, when presented as likely, shifted perceived norms and personal attitudes toward increased support for gay marriage and gay people. Next, a five-wave longitudinal time-series study using a sample of 1,063 people found an increase in perceived social norms supporting gay marriage after the ruling but no change in personal attitudes. This pattern was replicated in a separate between-subjects data set. These findings provide the first experimental evidence that an institutional decision can change perceptions of social norms, which have been shown to guide behavior, even when individual opinions are unchanged.

Refusing to Leave Desegregation Behind: From Graduates of Racially Diverse Schools to the Supreme Court

ERIC Educational Resources Information Center

Wells, Amy Stuart; Duran, Jacquelyn; White, Terrenda

2008-01-01

Background/Context: In light of the June 2007 U.S. Supreme Court decision in the Louisville and Seattle voluntary school desegregation cases, making it more difficult for district officials to racially balance their schools, this article presents an analysis of prior research on the long-term effects of attending racially diverse schools on their…

Citizens United, Public Health, and Democracy: The Supreme Court Ruling, Its Implications, and Proposed Action

PubMed Central

2011-01-01

The 2010 US Supreme Court Citizens United v Federal Election Commission 130 US 876 (2010) case concerned the plans of a nonprofit organization to distribute a film about presidential candidate Hillary Clinton. The Court ruled that prohibiting corporate independent expenditures for advocacy advertising during election campaigns unconstitutionally inhibits free speech. Corporations can now make unlimited contributions to election advocacy advertising directly from the corporate treasury. Candidates who favor public health positions may be subjected to corporate opposition advertising. Citizen groups and legislators have proposed remedies to ameliorate the effects of the Court's ruling. The public health field needs to apply its expertise, in collaboration with others, to work to reduce the disproportionate influence of corporate political speech on health policy and democracy. PMID:21421946

Citizens United, public health, and democracy: the Supreme Court ruling, its implications, and proposed action.

PubMed

Wiist, William H

2011-07-01

The 2010 US Supreme Court Citizens United v Federal Election Commission 130 US 876 (2010) case concerned the plans of a nonprofit organization to distribute a film about presidential candidate Hillary Clinton. The Court ruled that prohibiting corporate independent expenditures for advocacy advertising during election campaigns unconstitutionally inhibits free speech. Corporations can now make unlimited contributions to election advocacy advertising directly from the corporate treasury. Candidates who favor public health positions may be subjected to corporate opposition advertising. Citizen groups and legislators have proposed remedies to ameliorate the effects of the Court's ruling. The public health field needs to apply its expertise, in collaboration with others, to work to reduce the disproportionate influence of corporate political speech on health policy and democracy.

The Impact of the U.S. Supreme Court 1954 "Brown" Decision Upon Education in Detroit.

ERIC Educational Resources Information Center

Drachler, Norman

The history of education and civil rights in Detroit is briefly reviewed before discussion begins on the implications of the Brown decision. It is a premise of the author that the 1954 Supreme Court decision influenced or directly brought about some major changes in the schools. The issues discussed here were raised during the decade following…

Statistical Mechanics of the US Supreme Court

NASA Astrophysics Data System (ADS)

Lee, Edward D.; Broedersz, Chase P.; Bialek, William

2015-07-01

We build simple models for the distribution of voting patterns in a group, using the Supreme Court of the United States as an example. The maximum entropy model consistent with the observed pairwise correlations among justices' votes, an Ising spin glass, agrees quantitatively with the data. While all correlations (perhaps surprisingly) are positive, the effective pairwise interactions in the spin glass model have both signs, recovering the intuition that ideologically opposite justices negatively influence each another. Despite the competing interactions, a strong tendency toward unanimity emerges from the model, organizing the voting patterns in a relatively simple "energy landscape." Besides unanimity, other energy minima in this landscape, or maxima in probability, correspond to prototypical voting states, such as the ideological split or a tightly correlated, conservative core. The model correctly predicts the correlation of justices with the majority and gives us a measure of their influence on the majority decision. These results suggest that simple models, grounded in statistical physics, can capture essential features of collective decision making quantitatively, even in a complex political context.

Physician assisted suicide and the Supreme Court: putting the constitutional claim to rest.

PubMed Central

Mariner, W K

1997-01-01

Like the debate about many controversial questions of ethics and medical care in America, public debate about physician assisted suicide became focused on questions of constitutional law. On June 26, 1997, the United States Supreme Court unanimously rejected any constitutional right of terminally ill patients to physician assisted suicide. An analysis of the Court's reasoning reveals that its decisions resolved only a narrow constitutional question that affects relatively few people--mentally competent, terminally ill patients who wish to hasten their imminent deaths by having a physician prescribe medication that they intend to use to commit suicide. Although suicide is not a crime, states remain free to prohibit assisted suicide. One consequence of the Court's decisions may be renewed debate on state laws. A more productive result would be to address the broader public health concerns that gave rise to support for physician assisted suicide--inadequate care for the terminally ill and prevention of suicide. PMID:9431307

A Plea for Caution: Violent Video Games, the Supreme Court, and the Role of Science

PubMed Central

Hall, Ryan C. W.; Day, Terri; Hall, Richard C. W.

2011-01-01

On November 2, 2010, the US Supreme Court heard arguments in the case of Schwarzenegger v Entertainment Merchants Association, with a ruling expected in 2011. This case addressed whether states have the right to restrict freedom of speech by limiting the sale of violent video games to minors. To date, 8 states have tried to pass legislation to this effect, with all attempts being found unconstitutional by lower courts. In large part, the Supreme Court's decision will be determined by its review and interpretation of the medical and social science literature addressing the effects of violent video games on children. Those on both sides of the violent video game debate claim that the scientific literature supports their opinions. Some involved in the debate have proclaimed that the debate is scientifically settled and that only people holding personal interests and biases oppose these “established truths.” We review the historical similarities found in the 1950s comic book debate and studies identified from a PubMed search of the term violent video games showing both the harmful and beneficial effects of these video games. We define factors that physicians need to consider when reading and stating opinions about this literature. Opinions from past court rulings are discussed to provide insight into how judges may approach the application of these social science studies to the current legal issue. Although on the surface the case of Schwarzenegger v Entertainment Merchants Association pertains only to the restriction of violent video games, it may establish principles about how medical and public health testimony can affect fundamental constitutional rights and how much and on what basis the courts will defer to legislators' reliance on unsettled science. PMID:21454733

Supremely Hot Potatoes.

ERIC Educational Resources Information Center

Daly, Joseph L.; Walz, Monte

1983-01-01

Supreme Court decisions about fund-raising by Political Action Committees, prayer in public schools, and disclosure of political campaign contributors are reviewed. Cases before the Court involving solicitation of funds by charities, unsolicited mailed advertisements for contraceptives, aliens, the exclusionary rule, and sex discrimination issues…

Law Library - Alaska Court System

Science.gov Websites

, Federal Info, US Supreme Court, State Links, 9th Circuit Links Library Databases & eBooks WestlawNext state agencies Alaska Supreme Court briefs (1960-current) Alaska Court of Appeals briefs (1980-current

Fourth Amendment Update: The Supreme Court and Strip Searches--"Safford Unified School District No. 1 v Redding"

ERIC Educational Resources Information Center

Russo, Charles J.

2008-01-01

In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…

Affirmative Action Hanging in the Balance: Giving Voice to the Research Community in the Supreme Court

ERIC Educational Resources Information Center

Orfield, Gary

2013-01-01

Good research does not mean good policy, but policy or legal conclusions that rely on false assumptions are certain to be bad. When the rights of U.S. students of color are at stake, the Supreme Courts need the best research findings the country can offer. The U.S. Constitution contains sweeping and undefined terms. Reaching a conclusion about the…

Youth Access to Violent Video Games on Trial: The U.S. Supreme Court Takes the Case

ERIC Educational Resources Information Center

Bickford, Rebekah S.

2010-01-01

This fall, the U.S. Supreme Court will hear arguments in a case that promises to affect the lives of many children. Up for debate is whether a law aimed at curbing children's access to violent video games violates their constitutional right to free speech. Signed 5 years ago by Governor Schwarzenegger, the California statute, which has yet to take…

A Problem-Based Learning Approach to Civics Education: Exploring the Free Exercise Clause with Supreme Court Simulations

ERIC Educational Resources Information Center

Pagnotti, John; Russell, William B., III

2015-01-01

The purpose of this article is to empower those interested in teaching students powerful and engaging social studies. Through the lens of Supreme Court simulations, this article provides educators with a viable, classroom-tested lesson plan to bring Problem-Based Learning into their classrooms. The specific aim of the lesson is to provide students…

The Supreme Court, Civil Rights, and Preference Policies: Judicial Decision Making Processes in the United States and India.

ERIC Educational Resources Information Center

Parikh, Sunita

1990-01-01

Presents a comparative analysis of the U.S. and Indian Supreme Courts' roles in civil rights and preference policies. Despite structural and historical differences, similarities exist in the development of such policies. Both are more concerned with fidelity to constitutional and statutory interpretations than to personal ideological viewpoints.…

The Three Faces of Power: The U.S. Supreme Court's Legitimization of School Authority's Parental, Police, and Pedagogic Roles.

ERIC Educational Resources Information Center

Ehrensal, Patricia A.

2003-01-01

Examines legal and ethical ramifications of three roles of school authorities (agents-of-state, custodial, tutelary) legitimated in two Supreme Court decisions: "New Jersey v. T.L.0." (search and seizure) and "Vernonia v. Action" (drug use testing). (Contains 34 references.)(PKP)

The Right to Minority Language Public School Education as a Function of the Equality Guarantee: A Reanalysis of the "Gosselin" Supreme Court of Canada Charter Case

ERIC Educational Resources Information Center

Grover, Sonja

2006-01-01

This paper concerns a recent Supreme Court of Canada decision dealing ostensibly with the protection of language minority rights. The case, in fact, however, concerns the Court imposing statutory limits on constitutionally guaranteed equality and liberty rights. The Court in the instant case held as constitutional Quebec legislation permitting…

The Supreme Court's spring term: abortion, the right to die, and the decline of privacy rights.

PubMed

Wing, K R

1990-01-01

Wing analyzes the constitutional significance and the important long-term implications for health policy of three 1990 U.S. Supreme Court decisions: Hodgson v. Minnesota, Ohio v. Akron Center for Reproductive Health, and Cruzan v. Director, Missouri Department of Health. Hodgson and Ohio upheld state statutes requiring parental notification of a minor's impending abortion. Cruzan upheld a state court decision refusing to allow the family of a patient in a persistent vegetative state to discontinue life-sustaining treatment. Wing argues that these decisions reach far beyond "the abortion issue" or "the right to die." Not only have they narrowed the constitutional protection of individual privacy, but they allow states to regulate activities like abortion in a manner that indicates that the Court is prepared to repeal the notion that individual privacy is entitled to enhanced judicial protection.

Child health in the workplace: the Supreme Court in Hammer v. Dagenhart (1918).

PubMed

Berger, L R; Johansson, S R

1980-01-01

Exploitation of children in the labor force at the beginning of this century gave rise to a national campaign leading to congressional passage of the Keating-Owen Act in 1916. The act prohibited from interstate commerce goods produced in factories or mines that employed children who either were under fourteen years of age or who were under sixteen years of age and worked more than eight hours a day. Despite its popular support, the Act was declared unconstitutional by the Supreme Court in Hammer v. Dagenhart (1918). The Court's decision involved several major issues: interpretation of the Fifth and Fourteenth Amendments to the Constitution, freedom of contract, police power of the states, and the interstate commerce clause. Review of previous Court decisions suggests that the justices were on less than solid legal ground in reaching their decision. Examination of the historical context of the decision, however, suggests other factors that may have played a more important role than judicial precedents. The debate prompted by Hammer v. Dagenhart has much relevance to such current issues as young agricultural workers, sex discrimination in industry, and the powers of the federal government vis-a-vis states and individual citizens.

Supreme Court of the United States Syllabus: Hortonville Joint School District No. 1 et al. v. Hortonville Education Assn. et al. Certiorari to the Supreme Court of Wisconsin. No. 74-1606. Argued February 23-24, 1976--Decided June 17, 1976.

ERIC Educational Resources Information Center

Supreme Court of the U. S., Washington, DC.

This publication presents the full text of the U.S. Supreme Court's decision in Hortonville Joint School District No. 1 et al. v. Hortonville Education Association et al., as written by Chief Justice Burger. Also included is the text of the dissenting opinion written by Justice Stewart, as well as a brief syllabus that summarizes the major issues…

The United States Supreme Court and psychiatry in the 1990s.

PubMed

Ciccone, J R

1999-03-01

In the 1990s, the Supreme Court has decided several cases that have had an impact on psychiatry and psychiatric patients in the criminal justice system, on psychiatric hospitalization, and on psychotherapist-patient privilege. Of the seven cases discussed in this article, Chief Justice Rehnquist and Justice Scalia voted similarly in all seven cases. Since joining the court, Justice Thomas has voted with them. Justice Scalia interprets the Constitution, using what has been termed "textualism": avoid reference to legislative history, and interpret the Constitution according to the plain language meaning of the relevant section. Chief Justice Rehnquist and Justices Scalia and Thomas are inclined to protect states' rights from court decisions that expand US Constitutional power in cases involving civil plaintiffs and criminal defendants. They seek to protect states from being sued in federal courts, and, if there is doubt, lean toward not interfering with state prerogatives. They tend to not find unenumerated rights and prefer clear-cut rules over amorphous standards. Justices Kennedy and O'Connor, at times joined by Justice Souter in the middle of the court, provide the deciding votes in many cases. They seem to prefer a case-by-case pragmatism over a global jurisprudential philosophy. Approaching cases one at a time, they usually avoid broad philosophic pronouncements when they join with Chief Justice Rehnquist. Justice Stevens, joined by Justices Breyer and Ginsburg since they have been appointed to the court, is more likely to favor a broader reading of the 14th Amendment's Due Process and Equal Protection clauses. Of the seven cases, Kennedy and O'Connor voted with the majority in five cases, the dissent in one case (Zinermon v Burch), and split their votes in one case (Foucha v Louisiana, with O'Connor siding with the Court and Kennedy with the dissent). Commager, a noted historian, believed that political issues can be explored, explained, and debated and that

The government's best offense is deference: the decision of the Supreme Court in Shalala v. Guernsey Memorial Hospital.

PubMed

Roth, R L

1995-01-01

The United States Supreme Court agreed with the Secretary of Health and Human Services that Guernsey Memorial Hospital's advance refunding transaction costs would be subject to a medicare reimbursement policy that is not based upon generally accepted accounting principles. According to the sharp dissent in this case, this policy, set forth in a manual provision, contradicts federal regulations.

CONVERTING THE 'RIGHT TO LIFE' TO THE 'RIGHT TO PHYSICIAN-ASSISTED SUICIDE AND EUTHANASIA': AN ANALYSIS OF CARTER V CANADA (ATTORNEY GENERAL), SUPREME COURT OF CANADA.

PubMed

Chan, Benny; Somerville, Margaret

2016-01-01

In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for 'revisiting' Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying. © The Author 2016. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Appellate Courts - Alaska Court System

Science.gov Websites

Court Cases Appellate Case Management System Oral Argument Supreme Court Calendar, Court of Appeals , which contains the Alaska cases excerpted from P.2d and P.3d. The Pacific Reporter or the Alaska the Alaska cases excerpted from P.2d and P.3d. The Pacific Reporter or the Alaska Reporter is

Advance Health Care Directives and “Public Guardian”: The Italian Supreme Court Requests the Status of Current and Not Future Inability

PubMed Central

Busardò, Francesco Paolo; Bello, Stefania; Gulino, Matteo; Zaami, Simona; Frati, Paola

2014-01-01

Advance health care decisions animate an intense debate in several European countries, which started more than 20 years ago in the USA and led to the adoption of different rules, based on the diverse legal, sociocultural and philosophical traditions of each society. In Italy, the controversial issue of advance directives and end of life's rights, in the absence of a clear and comprehensive legislation, has been over time a subject of interest of the Supreme Court. Since 2004 a law introduced the “Public Guardian,” aiming to provide an instrument of assistance to the person lacking in autonomy because of an illness or incapacity. Recently, this critical issue has once again been brought to the interest of the Supreme Court, which passed a judgment trying to clarify the legislative application of the appointment of the Guardian in the field of advance directives. PMID:24729977

CONVERTING THE ‘RIGHT TO LIFE’ TO THE ‘RIGHT TO PHYSICIAN-ASSISTED SUICIDE AND EUTHANASIA’: AN ANALYSIS OF CARTER V CANADA (ATTORNEY GENERAL), SUPREME COURT OF CANADA

PubMed Central

Chan, Benny; Somerville, Margaret

2016-01-01

In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for ‘revisiting’ Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying. PMID:27099364

Violent video games and the Supreme Court: lessons for the scientific community in the wake of Brown v. Entertainment Merchants Association.

PubMed

Ferguson, Christopher J

2013-01-01

In June 2011 the U.S. Supreme Court ruled that video games enjoy full free speech protections and that the regulation of violent game sales to minors is unconstitutional. The Supreme Court also referred to psychological research on violent video games as "unpersuasive" and noted that such research contains many methodological flaws. Recent reviews in many scholarly journals have come to similar conclusions, although much debate continues. Given past statements by the American Psychological Association linking video game and media violence with aggression, the Supreme Court ruling, particularly its critique of the science, is likely to be shocking and disappointing to some psychologists. One possible outcome is that the psychological community may increase the conclusiveness of their statements linking violent games to harm as a form of defensive reaction. However, in this article the author argues that the psychological community would be better served by reflecting on this research and considering whether the scientific process failed by permitting and even encouraging statements about video game violence that exceeded the data or ignored conflicting data. Although it is likely that debates on this issue will continue, a move toward caution and conservatism as well as increased dialogue between scholars on opposing sides of this debate will be necessary to restore scientific credibility. The current article reviews the involvement of the psychological science community in the Brown v. Entertainment Merchants Association case and suggests that it might learn from some of the errors in this case for the future. (c) 2013 APA, all rights reserved.

Modernizing "San Antonio Independent School District v. Rodriguez": How Evolving Supreme Court Jurisprudence Changes the Face of Education Finance Litigation

ERIC Educational Resources Information Center

Saleh, Matthew

2011-01-01

This article aims to "modernize" the current legal debate over inequitable public school funding at the state and local level. The 1973 Supreme Court case of "San Antonio Independent School District v. Rodriguez" established precedent, allowing for property-tax based education funding programs at the state-level--a major source…

The Supreme Court's surprising decision on the Medicaid expansion: how will the federal government and states proceed?

PubMed

Rosenbaum, Sara; Westmoreland, Timothy M

2012-08-01

In National Federation of Independent Business v. Sebelius, the US Supreme Court upheld the constitutionality of the requirement that all Americans have affordable health insurance coverage. But in an unprecedented move, seven justices first declared the mandatory Medicaid eligibility expansion unconstitutional. Then five justices, led by Chief Justice John Roberts, prevented the outright elimination of the expansion by fashioning a remedy that simply limited the federal government's enforcement powers over its provisions and allowed states not to proceed with expanding Medicaid without losing all of their federal Medicaid funding. The Court's approach raises two fundamental issues: First, does the Court's holding also affect the existing Medicaid program or numerous other Affordable Care Act Medicaid amendments establishing minimum Medicaid program requirements? And second, does the health and human services secretary have the flexibility to modify the pace or scope of the expansion as a negotiating strategy with the states? The answers to these questions are key because of the foundational role played by Medicaid in health reform.

Race-Conscious Policies for Assigning Students to Schools: Social Science Research and the Supreme Court Cases. Committee on Social Science Research Evidence on Racial Diversity in Schools

ERIC Educational Resources Information Center

Linn, Robert L. Ed.; Welner, Kevin G., Ed.

2007-01-01

This report summarizes and analyzes the existing body of research related to race-conscious student assignment policies, building upon the amicus curiae (friend of the court) briefs filed with the Supreme Court in support of petitioners and respondents in these two cases. The National Academy of Education (NAEd) Board of Directors recognized the…

Retirement and death in office of U.S. Supreme Court justices.

PubMed

Stolzenberg, Ross M; Lindgren, James

2010-05-01

We construct demographic models of retirement and death in office of U.S. Supreme Court justices, a group that has gained demographic notice, evaded demographic analysis, and is said to diverge from expected retirement patterns. Models build on prior multistate labor force status studies, and data permit an unusually clear distinction between voluntary and "induced" retirement. Using data on every justice from 1789 through 2006, with robust, cluster-corrected, discrete-time, censored, event-history methods, we (1) estimate retirement effects of pension eligibility, age, health, and tenure on the timing of justices' retirements and deaths in office, (2) resolve decades of debate over the politicized departure hypothesis that justices tend to alter the timing of their retirements for the political benefit or detriment of the incumbent president, (3) reconsider the nature of rationality in retirement decisions, and (4) consider the relevance of organizational conditions as well as personal circumstances to retirement decisions. Methodological issues are addressed.

Retirement and Death in Office of U.S. Supreme Court Justices

PubMed Central

STOLZENBERG, ROSS M.; LINDGREN, JAMES

2010-01-01

We construct demographic models of retirement and death in office of U.S. Supreme Court justices, a group that has gained demographic notice, evaded demographic analysis, and is said to diverge from expected retirement patterns. Models build on prior multistate labor force status studies, and data permit an unusually clear distinction between voluntary and “induced” retirement. Using data on every justice from 1789 through 2006, with robust, cluster-corrected, discrete-time, censored, event-history methods, we (1) estimate retirement effects of pension eligibility, age, health, and tenure on the timing of justices’ retirements and deaths in office, (2) resolve decades of debate over the politicized departure hypothesis that justices tend to alter the timing of their retirements for the political benefit or detriment of the incumbent president, (3) reconsider the nature of rationality in retirement decisions, and (4) consider the relevance of organizational conditions as well as personal circumstances to retirement decisions. Methodological issues are addressed. PMID:20608097

Leading Court Decision Pertinent to Public School Desegregation.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on the Judiciary.

This document comprises eight federal court decisions pertinent to public school desegregation: (1) "Brown v. Board of Education," 347 U.S. 483 (1954); Mr. Chief Justice Warren delivered the opinion of the Supreme Court; (2) "Bolling v. Sharpe," 374 U.S. 497 (1954); Mr. Chief Justice Warren delivered the opinion of the Supreme Court; (3) "Brown v.…

Do recent US Supreme Court rulings on patenting of genes and genetic diagnostics affect the practice of genetic screening and diagnosis in prenatal and reproductive care?

PubMed Central

Chandrasekharan, Subhashini; McGuire, Amy L.; Van den Veyver, Ignatia B.

2015-01-01

Thousands of patents have been awarded that claim human gene sequences and their uses, and some have been challenged in court. In a recent high-profile case, Association for Molecular Pathology, et al. vs. Myriad Genetics, Inc., et al., the United States Supreme Court ruled that genes are natural occurring substances and therefore not patentable through “composition of matter” claims. The consequences of this ruling will extend well beyond ending Myriad's monopoly over BRCA testing, and may affect similar monopolies of other commercial laboratories for tests involving other genes. It could also simplify intellectual property issues surrounding genome-wide clinical sequencing, which can generate results for genes covered by intellectual property. Non-invasive prenatal testing (NIPT) for common aneuploidies using cell-free fetal (cff) DNA in maternal blood is currently offered through commercial laboratories and is also the subject of ongoing patent litigation. The recent Supreme Court decision in the Myriad case has already been invoked by a lower district court in NIPT litigation and resulted in invalidation of primary claims in a patent on currently marketed cffDNA-based testing for chromosomal aneuploidies. PMID:24989832

How did the Supreme Court ruling on DOMA affect astronomers?

NASA Astrophysics Data System (ADS)

Rigby, Jane R.; The AAS Working Group on LGBTIQ Equality

2014-01-01

In June 2013, the United States Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Section 3 had barred the federal government from recognizing same-sex marriages. The decision in United States v. Windsor, made headlines around the world, and particularly affected astronomers, since astronomers in the US are more likely than the general population to be foreign nationals, to have a foreign-born spouse, or to work for the federal government. In this poster, we highlight some of the real-world ways that the Windsor case has affected US astronomers and our profession. Bi-national couples can now apply for green cards granting permanent residency. Scientists who work for the federal government, including NASA and the NSF, can now obtain health insurance for a same-sex spouse. From taxes to death benefits, health insurance to daycare, immigration to ethics laws, the end of S3 of DOMA has had profoundly improved the lives of US scientists who are lesbian, gay, bisexual, or transgender (LGBT). Here we, highlight several real-world examples of how DOMA's demise has improved the lives and careers of US astronomer.

Workers’ Liberty, Workers’ Welfare: The Supreme Court Speaks on the Rights of Disabled Employees

PubMed Central

Bayer, Ronald

2003-01-01

On June 10, 2002, a unanimous US Supreme Court rejected the claim by Mario Echazabal that he had been denied his rights under the Americans with Disabilities Act when Chevron USA had refused to employ him because he had hepatitis C. Chevron believed that Echazabal’s exposure to hepatotoxic chemicals in its refinery would pose a grave risk to his health. This case poses critical questions about the ethics of public health: When, if ever, is paternalism justified? Must choice always trump other values? What ought to be the balance between welfare and liberty? Strikingly, the groups that came to Echazabal’s defense adopted an antipaternalistic posture fundamentally at odds with the ethical foundations of occupational health and safety policy. PMID:12660193

Supreme Court of the United States Syllabus: San Antonio Independent School District Et. Al. v. Rodriguez Et. Al. Appeal from the United States District Court for the Western District of Texas. No. 71-1332, Argued October 12, 1972 -- Decided March 21, 1973.

ERIC Educational Resources Information Center

Supreme Court of the U. S., Washington, DC.

In this landmark educational finance opinion (presented here in full) the U.S. Supreme Court held that the Texas case was not a proper case in which to examine a State's laws under standards of strict judicial scrutiny. That test, according to the Court, is reserved for cases involving laws that operate to the disadvantage of suspect classes or…

The Effects of Five Ohio Supreme Court Decisions (1964-1980) Involving the Park Investment Company on Property Assessment and Taxation for Ohio Public Schools.

ERIC Educational Resources Information Center

Morvai, Ronald L.; Dye, Charles M.

This document reviews the results of a study of five Ohio Supreme Court cases concerning the equalization of property assessments among the various classes of real property: commercial, industrial, residential, and agricultural. Each of the decisions--occurring between 1964 and 1980, and involving the Park Investment Company--is briefly summarized…

Order in the Court!

ERIC Educational Resources Information Center

Farbman, Madeline

2005-01-01

This fall teachers will have the infrequent, but valuable opportunity to teach children about the Supreme Court and its confirmation process. The appointment of a new Justice lets students witness the Court's role and how the three branches of government work together. Teachers also report that the Court is a favorite topic because children can…

Microsimulation of private health insurance and medicaid take-up following the U.S. Supreme court decision upholding the Affordable Care Act.

PubMed

Parente, Stephen T; Feldman, Roger

2013-04-01

To predict take-up of private health insurance and Medicaid following the U.S. Supreme Court decision upholding the Affordable Care Act (ACA). Data came from three large employers and a sampling of premiums from ehealthinsurance.com. We supplemented the employer data with information on state Medicaid eligibility and costs from the Kaiser Family Foundation. National predictions were based on the MEPS Household Component. We estimated a conditional logit model of health plan choice in the large group market. Using the coefficients from the choice model, we predicted take-up in the group and individual health insurance markets. Following ACA implementation, we added choices to the individual market corresponding to plans that will be available in state and federal exchanges. Depending on eligibility for premium subsidies, we reduced the out-of-pocket premiums for those choices. We simulated several possible patterns for states opting out of the Medicaid expansion, as allowed by the Supreme Court. The ACA will increase coverage substantially in the private insurance market and Medicaid. HSAs will remain desirable in both the individual and employer markets. If states opt out of the Medicaid expansion, this could increase the federal cost of health reform, while reducing the number of newly covered lives. © Health Research and Educational Trust.

Microsimulation of Private Health Insurance and Medicaid Take-Up Following the U.S. Supreme Court Decision Upholding the Affordable Care Act

PubMed Central

Parente, Stephen T; Feldman, Roger

2013-01-01

Objective To predict take-up of private health insurance and Medicaid following the U.S. Supreme Court decision upholding the Affordable Care Act (ACA). Data Sources Data came from three large employers and a sampling of premiums from http://ehealthinsurance.com. We supplemented the employer data with information on state Medicaid eligibility and costs from the Kaiser Family Foundation. National predictions were based on the MEPS Household Component. Study Design We estimated a conditional logit model of health plan choice in the large group market. Using the coefficients from the choice model, we predicted take-up in the group and individual health insurance markets. Following ACA implementation, we added choices to the individual market corresponding to plans that will be available in state and federal exchanges. Depending on eligibility for premium subsidies, we reduced the out-of-pocket premiums for those choices. We simulated several possible patterns for states opting out of the Medicaid expansion, as allowed by the Supreme Court. Principal Findings The ACA will increase coverage substantially in the private insurance market and Medicaid. HSAs will remain desirable in both the individual and employer markets. Conclusions If states opt out of the Medicaid expansion, this could increase the federal cost of health reform, while reducing the number of newly covered lives. PMID:23398372

Reflections upon an "Atheist Epic": Madalyn Murray O'Hair and "Baltimore Sun" Reporters Comment about Coverage of the First Incidents Leading to the Supreme Court's Banning of Compulsory Prayer in Public Schools.

ERIC Educational Resources Information Center

Bowman, Jim; Kahan, Bob

In 1960 a teenage boy, Bill Murray, refused to participate in Bible reading, and the result was a series of court cases that culminated in the 1963 United States Supreme Court decision banning compulsory prayer in public schools. To gain insight into the dynamics of journalism practiced during controversy, a case study attempts to examine the…

Affirmative Action, the Fisher Case, and the Supreme Court: What the Justices and the Public Need to Know. Research & Occasional Paper Series: CSHE.2.13

ERIC Educational Resources Information Center

Douglass, John Aubrey

2013-01-01

Once again, the U.S. Supreme Court will decide on the contentious issue of Affirmative Action, and specifically the use of race in admissions decisions in public universities. Despite differences in the details, seasoned veterans of affirmative action debates are experiencing déjà vu. In this case, Abigail Noel Fisher claims overt racial…

A general approach for predicting the behavior of the Supreme Court of the United States

PubMed Central

Bommarito, Michael J.; Blackman, Josh

2017-01-01

Building on developments in machine learning and prior work in the science of judicial prediction, we construct a model designed to predict the behavior of the Supreme Court of the United States in a generalized, out-of-sample context. To do so, we develop a time-evolving random forest classifier that leverages unique feature engineering to predict more than 240,000 justice votes and 28,000 cases outcomes over nearly two centuries (1816-2015). Using only data available prior to decision, our model outperforms null (baseline) models at both the justice and case level under both parametric and non-parametric tests. Over nearly two centuries, we achieve 70.2% accuracy at the case outcome level and 71.9% at the justice vote level. More recently, over the past century, we outperform an in-sample optimized null model by nearly 5%. Our performance is consistent with, and improves on the general level of prediction demonstrated by prior work; however, our model is distinctive because it can be applied out-of-sample to the entire past and future of the Court, not a single term. Our results represent an important advance for the science of quantitative legal prediction and portend a range of other potential applications. PMID:28403140

Supreme Court Ethics Act of 2013

THOMAS, 113th Congress

Rep. Slaughter, Louise McIntosh [D-NY-25

2013-08-01

House - 09/13/2013 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Does the U.S. Supreme Court's Recent Activism in Reviewing Educational Disputes Make the Attempt To Implement a Code of Professional Ethics for Educators a Vain Effort?

ERIC Educational Resources Information Center

Petronicolos, Loucas

This paper explores whether or not the recent increase of interest by the U.S. Supreme Court in educational disputes results in a gradual reduction in the role that professional ethics plays in educators' everyday decisions. It is argued that there are links between an educator's professional ethics and constitutional justice. The increase in…

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

DTIC Science & Technology

2006-09-26

Separation of Powers Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Eliminating Federal Court Jurisdiction Where There Is No State Court Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 542 U.S. 466 (2004). Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court In Rasul v. Bush,1 a divided Supreme Court declared that “a state

The Supreme Court of Canada Ruling on Physician-Assisted Death: Implications for Psychiatry in Canada.

PubMed

Duffy, Olivia Anne

2015-12-01

On February 6, 2015, the Supreme Court of Canada ruled that the prohibition of physician-assisted death (PAD) was unconstitutional for a competent adult person who "clearly consents to the termination of life" and has a "grievous and irremediable (including an illness, disease, or disability) condition that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition." The radically subjective nature of this ruling raises important questions about who will be involved and how this practice might be regulated. This paper aims to stimulate discussion about psychiatry's role in this heretofore illegal practice and to explore how psychiatry might become involved in end-of-life care in a meaningful, patient-centred way. First, I will review existing international legislation and professional regulatory standards regarding psychiatry and PAD. Second, I will discuss important challenges psychiatry might face regarding capacity assessment, the notion of rational suicide, and the assessment of suffering.

The Supreme Court of Canada Ruling on Physician-Assisted Death: Implications for Psychiatry in Canada

PubMed Central

Duffy, Olivia Anne

2015-01-01

On February 6, 2015, the Supreme Court of Canada ruled that the prohibition of physician-assisted death (PAD) was unconstitutional for a competent adult person who “clearly consents to the termination of life” and has a “grievous and irremediable (including an illness, disease, or disability) condition that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition.”1 The radically subjective nature of this ruling raises important questions about who will be involved and how this practice might be regulated. This paper aims to stimulate discussion about psychiatry’s role in this heretofore illegal practice and to explore how psychiatry might become involved in end-of-life care in a meaningful, patient-centred way. First, I will review existing international legislation and professional regulatory standards regarding psychiatry and PAD. Second, I will discuss important challenges psychiatry might face regarding capacity assessment, the notion of rational suicide, and the assessment of suffering. PMID:26720829

The Roberts Court and Academic Freedom

ERIC Educational Resources Information Center

Rahdert, Mark C.

2007-01-01

Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v.…

Speech Cases Turned Aside by High Court

ERIC Educational Resources Information Center

Walsh, Mark

2012-01-01

The U.S. Supreme Court declined without comment to take up two major appeals involving student free-speech rights on the Internet. One appeal encompassed two cases decided in favor of students last June by the full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. The other appeal stemmed from a decision by the U.S. Court of Appeals for…

Rulings in Argentinean and Colombian courts decriminalize possession of small amounts of narcotics.

PubMed

Cozac, David

2009-12-01

Two recent court decisions in South America have reflected a growing backlash in the region against the so-called, U.S.-led "war on drugs". In Argentina, the Supreme Court of Justice ruled unanimously on 25 August 2009 that the second paragraph of Article 14 of the country's drug control legislation, which punishes the possession of drugs for personal consumption, was unconstitutional. In Colombia, the Supreme Court of Justice ruled on 8 July 2009 that the possession of illegal drugs for personal use was not a criminal offence.

Indiana Court Strikes Down Mandatory Fees

ERIC Educational Resources Information Center

Greifner, Laura

2006-01-01

The Indiana Supreme Court has struck down a school district's $20 school activity fee as a violation of the state constitution because, the court said, it is equivalent to a tuition charge. The 22,100-student Evansville-Vanderburgh school district imposed the fee on all K-12 students in the 2002-03 school year. The money was used to pay for…

High Court's TB Ruling Probably Applies to AIDS.

ERIC Educational Resources Information Center

Sendor, Benjamin

1987-01-01

Discusses a United States Supreme Court decision upholding Section 504 protection for an elementary school teacher fired due to recurrent tuberculosis. The school board may need to make reasonable accommodation for employees handicapped by contagious diseases. The Court might also interpret Section 504 as covering AIDS carriers. (MLH)

In the Superior Court of Fulton County, State of Georgia.

PubMed

1992-01-01

In sum, it is the decision of this Court that the hospital not deescalate Jane Doe's treatment or enforce any DNR order unless both parents agree to this final course of treatment. Scottish Rite, its physicians, staff, agents, and employees are enjoined from taking any action inconsistent with this order. This Court hopes that the ordeal suffered by all concerned in having to resort to the courts for direction will soon be alleviated by judicial precedent or legislative enactment establishing proper rules and procedures for all involved in a future dilemma such as this one. In an effort to define such rules and procedures, however, this Court hereby directs the Attorney General to appeal this Order to the Supreme Court of Georgia for immediate review, as this case involves important constitutional issues. The Clerk is directed to prepare the record in this case for immediate transmittal to the Supreme Court. This Court thanks respective counsel involved for the highly professional and dignified manner in which this case has been handled, and to the parents of Jane Doe goes this Court's admiration for their strength and courage under these most trying circumstances. Love often travels a rugged highway.

Massachusetts Meets Education Guarantee, State High Court Says

ERIC Educational Resources Information Center

Gehring, John

2005-01-01

Massachusetts is meeting its constitutional requirement to provide students with an adequate education and does not have to overhaul its school funding formula, the state's highest court ruled in a closely watched case in February 2005. The February 15 decision by the Massachusetts Supreme Judicial Court surprised many observers, who had expected…

Connecting Climate Science to Policy: from Global Food Production to the US Supreme Court

NASA Astrophysics Data System (ADS)

Battisti, D. S.

2016-12-01

There are myriad ways climate science has been used to inform on global food security, and to affect law and policy. In this talk, I will summarize examples that include the application of the El Nino - Southern Oscillation science to improve food security in Indonesia and provide water forecasts for agriculture in northwest Mexico, as well as the application of climate change science to project changes in global grain production. In the latter case, reliable information on the impact of increasing greenhouse gases on growing season temperature is applied to assess the impact of climate change on average crop yields, on the volatility in crop yields, and on the loss of yield due to increasing pest pressure - all of which have acute implications for agricultural policy. In the US, climate change science was of paramount importance for the Supreme Court decision in the case "Massachusetts vs. EPA," which to this day greatly shapes US policy related to climate change - most notably in setting emission standards for vehicles. My colleagues and I have learned several lessons from our experiences in these applications of climate science that I will share, including some thoughts on the nature of interdisciplinary teams for producing reliable and effective products, and the on the professional pros and cons of pursuing applied work.

[Judicial intervention of the DNA test (comment on decisions of the Second Chamber of the Supreme Court No. 501/2005, of April 19, 2005, and No. 1311/2005, of October 14, 2005)].

PubMed

Libano Beristain, Arantza

2005-01-01

The controversy has been arisen by the Spanish Supreme Court in two recent judgments, as they clearly show the lack of a unique criterion in the Spanish jurisprudence when genetic data have to be analysed in the course of a criminal process, in order to identify a person. The DNA proof cannot be practised without judicial intervention under Spanish law.

78 FR 51821 - Sentencing Guidelines for United States Courts

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-21

... inserting ``However, the Supreme Court has held that the ex post facto clause applies to sentencing.... Ct. 2072, 2078 (2013) (holding that 'there is an ex post facto violation when a defendant is... ex post facto clause, in which case the court shall apply the Guidelines Manual in effect on the date...

The Path of Diversity in K-12 Educational Institutions

ERIC Educational Resources Information Center

Hunter, Richard C.

2009-01-01

The U.S. Supreme Court's recent decisions in cases involving school districts in Seattle, Washington, and Louisville, Kentucky, seem to indicate that the United States is moving away from diversity in its public schools. In "Parents Involved in Community Schools v. Seattle School District No. 1" (2007) and "Meredith v. Jefferson…

Juveniles in court.

PubMed

Soulier, Matthew F; Scott, Charles L

2010-01-01

Nineteenth-century American reformers were concerned about the influence of immaturity and development in juvenile offenses. They responded to their delinquent youths through the creation of juvenile courts. This early American juvenile justice system sought to treat children as different from adults and to rehabilitate wayward youths through the state's assumption of a parental role. Although these rehabilitative goals were never fully realized, the field of American child psychiatry was spawned from these efforts on behalf of delinquent youths. Early child psychiatrists began by caring for juvenile offenders. The function of a child psychiatrist with juvenile delinquents expanded beyond strictly rehabilitation, however, as juvenile courts evolved to resemble criminal adult courts-due to landmark Supreme Court decisions and also juvenile legislation between 1966 and 1975. In response to dramatically increased juvenile violence and delinquency rates in the 1980s, juvenile justice became more retributional, and society was forced to confront issues such as capital punishment for juveniles, their transfer to adult courts, and their competency to stand trial. In the modern juvenile court, child psychiatrists are often asked to participate in the consideration of such issues because of their expertise in development. In that context we review the role of psychiatrists in assisting juvenile courts.

The Camera Comes to Court.

ERIC Educational Resources Information Center

Floren, Leola

After the Lindbergh kidnapping trial in 1935, the American Bar Association sought to eliminate electronic equipment from courtroom proceedings. Eventually, all but two states adopted regulations applying that ban to some extent, and a 1965 Supreme Court decision encouraged the banning of television cameras at trials as well. Currently, some states…

K-12 Implications Seen in Some Cases before High Court

ERIC Educational Resources Information Center

Walsh, Mark

2010-01-01

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

Shaping the Negro Revolution Through Court Decisions, 1964-1966.

ERIC Educational Resources Information Center

Gill, Robert L.

1967-01-01

In a two year period the Congress enacted a series of laws which had a profound effect on the Negro revolution. Discussed in this document are the cases which were brought to the Supreme Court to either challenge the constitutionality of these laws or to appeal for reversal of lower court decisions on the basis of the laws. Cited are cases based…

A Prediction for the Outcome of Press-Enterprise Co. v. Superior Court (II).

ERIC Educational Resources Information Center

Schwartz, Thomas A.

To determine whether U.S. Supreme Court judges have a systematic attitude toward court cases dealing with the law of newsgathering and fair trial-free press, and whether that attitude can help predict the outcome of the pending case Press-Enterprise Co. v. Superior Court (II), this paper applies an attitudinal theory from the field of social…

Court of Public Opinion

ERIC Educational Resources Information Center

Oguntoyinbo, Lekan

2011-01-01

It was late on Election Day 2010 and Vander Plaats, a Sioux City, Iowa, businessman and leader of a campaign to oust three Iowa Supreme Court justices, had just gotten word that he and his team had pulled it off. The voters had rejected the three justices up for a retention vote: David Baker, Michael Streit, and Chief Justice Marsha Ternus.…

How State Courts Have Responded to "Gertz" in Setting Standards of Fault.

ERIC Educational Resources Information Center

McCarthy, William Osler

1979-01-01

A review of recent state court decisions in libel cases suggests that the law of defamation is in as much disarray as it was when the Supreme Court recognized the problem and tried to remedy it with its 1974 decision in "Gertz v. Robert Welch Inc." (GT)

Virginia Court, Rejecting Lawsuits, Says Randolph College Can Admit Men

ERIC Educational Resources Information Center

Masterson, Kathryn

2008-01-01

The Supreme Court of Virginia has ruled in favor of Randolph College in two lawsuits brought by students and alumnae donors upset that the institution, formerly Randolph-Macon Woman's College, went coed last fall. In one case, the court ruled against a group of students who argued that the decision to enroll men was a breach of contract. The…

The baby broker boom.

PubMed

Annas, G J

1986-06-01

Annas comments on two 1986 court decisions involving surrogate motherhood: Surrogate Parenting Associates v. Kentucky and Smith v. Jones. In the first case, the Supreme Court of Kentucky ruled against the state's Attorney General in his attempt to revoke the charter of a company prompting surrogate arrangements. The court determined that the state's prohibition of child purchasing would not be violated if financial arrangements were worked out before conception and if the surrogate mother retained the right to cancel the contract up to the moment she relinquished her parental rights. In Smith v. Jones, a lower court judge in Michigan allowed an infertile ovum donor and her husband to be listed as the parents on a child's birth certificate, rather than the surrogate who had been artificially inseminated. Annas sees both decisions as accommodating the law to modern science, and as encouraging commercial surrogacy.

Court sees no basis to void policy issued to man with HIV.

PubMed

1997-08-22

The Massachusetts Supreme Judicial Court found that Protective Life Insurance Company cannot rescind a policy if it failed to detect fraud within a two-year contestability period. The court ruled that the insurer should have exercised reasonable diligence when conducting the medical exam of [name removed]. [Name removed] one year after he tested positive for HIV-antibodies. [Name removed] lied about his health on the insurance application and omitted the names of the doctors who had been treating him for HIV. [Name removed] authorized the Protective Life Insurance Company to conduct HIV testing but the company never did so. A Federal judge granted judgement in favor of the insurer. After [name removed]'s death, litigation continued. In 1996, the 1st U.S. Circuit Court of Appeals stated that the judge's ruling was premature due to ambiguity in the State law, traced back to 1890, and asked the State Supreme Judicial Court to intervene. The case is being returned to the 1st Circuit for a decision.

Court Okays Special Leave for Pregnant Workers.

ERIC Educational Resources Information Center

Sendor, Benjamin

1987-01-01

The recent Supreme Court decision in the employment discrimination case "California Savings and Loan Association v. Guerra" permits employers to treat pregnancy the same as other disabling conditions relating to employment opportunities. Also, state legislatures may mandate preferential treatment for pregnancy. (MD)

26 CFR 301.7481-1 - Date when Tax Court decision becomes final; decision modified or reversed.

Code of Federal Regulations, 2010 CFR

2010-04-01

... the Supreme Court directs that the decision of the Tax Court be modified or reversed, the decision of... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Date when Tax Court decision becomes final... Proceedings Civil Actions by the United States § 301.7481-1 Date when Tax Court decision becomes final...

Natural Law, Santa Clara, and the Supreme Court.

ERIC Educational Resources Information Center

Rodgers, Raymond S.; Lujan, Phillip

The court case, "Santa Clara Pueblo, et al. v. Julia Martinez, et al.," is the subject of this paper. It gives the background of the case of a woman whose children were refused admittance to tribal rolls because of an ordinance prohibiting the enrollment of children whose father is not a tribal member. The paper gives the arguments of…

In Federal Court, at Least, Comparable Worth Gets a Cool Reception.

ERIC Educational Resources Information Center

Zakariya, Sally Banks

1985-01-01

The concept of comparable worth bases its legal claims in the Equal Pay Act of 1963, the Civil Rights Act of 1964, and a 1981 decision of the United States Supreme Court. Still, assertions that comparable worth should be invoked to correct wage discrimination have usually been rejected in federal courts. (PGD)

"Gertz" and "Firestone": How Courts have Construed the "Public Figure" Criteria.

ERIC Educational Resources Information Center

Trager, Robert; Stonecipher, Harry W.

Since the "New York Times Co. v. Sullivan" decision in 1964, courts have debated the degrees of protection from defamation that should be offered to individuals and the concomitant degree of freedom that the press should have to report on matters of public concern. Most recently, the Supreme Court has attempted to balance these competing…

Court Upholds Confidentiality of Research Records/Data.

ERIC Educational Resources Information Center

Florio, David H.

1980-01-01

Reviews the background of the Forsham v Harris case and discusses the implications of the Supreme Court's ruling that research records and data of federally funded grantees are not considered federal agency records subject to disclosure under the Freedom of Information Act. (Author/GC)

Brown Plus Thirty: Perspectives on Desegregation. Proceedings of a Conference Commemorating the Thirtieth Anniversary of the 1954 Supreme Court Decision in Brown v. The Board of Education of Topeka, Kansas (New York, New York, September 11-14, 1984).

ERIC Educational Resources Information Center

Miller, Lamar P., Ed.

This report comprises papers delivered at a conference assessing the impact of the Supreme Court decision in the case of Brown v. Board of Education 30 years after it was passed in 1954. The following papers (and authors) are included: (1) "Reflections on Brown after Thirty Years" (Linda Brown Smith); (2) "School Integration and the…

US: Kansas court strikes down harsher penalty for gay underage sex.

PubMed

Klein, Alana

2006-04-01

In October 2005, the Kansas Supreme Court struck down a law that would impose harsher penalties for same-sex statutory rape cases than for heterosexual cases. In arriving at its conclusion that the distinction had no rational basis, the Court noted that gay teenage sex is no more likely than adult or heterosexual sex to result in HIV transmission.

Another Look at the Burger Court and Freedom of Expression: A Textual Approach to First Amendment Analysis.

ERIC Educational Resources Information Center

Walden, Ruth

An analysis of the Supreme Court's First Amendment decisions under Chief Justice Warren Burger does not indicate any pattern of repudiation of doctrinal advances made by earlier courts. Like its predecessors, the Burger Court has dealt most frequently with First Amendment cases requiring definition and interpretation of government abridgement. In…

The embryo research debate in Brazil: from the National Congress to the Federal Supreme Court.

PubMed

Cesarino, Letícia; Luna, Naara

2011-04-01

New forms of life produced by biomedical research, such as human embryonic stem cells (hESC), have been the object of public debate beyond the scientific fields involved. This article brings to light the case of Brazil, where recently passed federal legislation has authorized research with in vitro human embryos. It focuses on the legislative debate in the Brazilian National Congress between 2003 and 2005 on the Biosafety Bill of Law, which cleared for hESC research a certain share of supernumerary and unviable human embryos frozen in the country's assisted reproduction clinics. The passing of this Bill triggered other public reactions, chiefly a Direct Action of Unconstitutionality in Brazil's Federal Supreme Court. This study adopts an anthropological perspective for describing and analyzing the chief arguments in both debates, in terms of how the notion of 'life' was deployed and negotiated by contending parties. If, on the one hand, the definition of life appeared firmly attached to a conception of both the in vitro embryo and the fetus as a human person, on the other a movement towards breaking down life along utilitarian lines was found when the potential beneficiaries of stem cell therapy came into the equation. In all cases, however, notions of life were negotiated from a hybrid continuum of (biological) facts and (religious, moral and juridical) values, and resonated in different ways with the idea of the individual as privileged mode of constructing personhood in the context of modern nation states.

The Burger Court in Factorial Space.

ERIC Educational Resources Information Center

Schwartz, Thomas A.

The attitudes of Supreme Court justices toward freedom of the press and ways in which their voting patterns affect the press were investigated in a study involving an examination of 235 nonunanimous decisions (G-cases), 199 nonunanimous civil liberties cases (C-cases), and 23 nonunanimous freedom of the press cases (P-cases) decided by the Burger…

The First Amendment and the Rehnquist Court: Protecting Majority Values or Limiting Individual Liberty?

ERIC Educational Resources Information Center

Schimmel, David

1991-01-01

Examines recent Supreme Court opinions to illustrate how the justices are reinterpreting the First Amendment. Discusses student freedom of expression, freedom of religion, the free exercise clause, and the establishment clause. Concludes that a perceived trend in court decisions to limit freedom of religion and expression requires teachers to help…

IDEA Issues Getting Ear of High Court

ERIC Educational Resources Information Center

Trotter, Andrew

2006-01-01

In this article, the author states that by granting review of the third case in two years involving the Individuals with Disabilities Education Act, the U.S. Supreme Court has signaled a renewed interest in resolving legal conflicts arising under the federal law that governs services provided to nearly 6.7 million school children in special…

High Court Blows Political Smoke in Cigarette Tax Cases.

ERIC Educational Resources Information Center

Skibine, A. T.

1980-01-01

Ignoring legal precedent, the Supreme Court recently ruled that states can impose cigarette taxes on reservation sales to nontribal members. The ruling will have a disastrous effect on the tribes' capability to raise revenue through taxation and on the business existence of many traders and merchants. (SB)

Florida Court: Vouchers Unconstitutional--Ruling Will End Opportunity Scholarships Program for Students in State's Lowest-Rated Schools

ERIC Educational Resources Information Center

Richard, Alan

2006-01-01

Florida's voucher program for students in the lowest-rated public schools is unconstitutional, the state supreme court ruled early January 2006 in a 5-2 decision that friends and foes of private school choice are scrutinizing for its potential impact on voucher debates nationwide. Chief Justice Barbara J. Pariente of the Florida Supreme Court…

What is your reasonable expectation of success in obtaining pharmaceutical or biotechnology patents having nonobvious claimed inventions that the courts will uphold? An overview of obviousness court decisions.

PubMed

Pereira, Daniel J; Kunin, Stephen G

2014-12-04

This article explores the legal basis for establishing the nonobviousness of patent claims in the life sciences fields of technology drawn from the guidance provided in published decisions of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board, federal district courts, the Federal Circuit Court of Appeals, and the U.S. Supreme Court. Our analysis, although equally applicable to all disciplines and technologies, focuses primarily on decisions of greatest import affecting patents in the fields of pharmaceutical chemistry and biotechnology. Copyright © 2015 Cold Spring Harbor Laboratory Press; all rights reserved.

A Guide to the Changing Court Rulings on Union Security in the Public Sector: A Management Perspective.

ERIC Educational Resources Information Center

Clark, R. Theodore, Jr.

1985-01-01

In "Ellis vs. Brotherhood of Railway, Airline and Steamship Clerks," the Supreme Court clarified the line between permissible and nonpermissible expenses and what procedures must be available to prevent compulsory subsidization of ideological activity by objecting employees. This article also describes the Court's decisions subsequent to…

Challenging Sex Discrimination Through the Courts: Maternity Leave Policies.

ERIC Educational Resources Information Center

Pottker, Janice

This study attempted to determine the extent to which school districts had brought their maternity leave policies into compliance with the latest Supreme Court ruling. The study also analyzed the maternity leave requirements of the Equal Employment Opportunities Commission (EEOC), and sought to determine which variables were associated with…

Massachusetts high court supports use of civil rights law to bar blockades.

PubMed

1994-04-15

In a 4-3 opinion issued on April 11, the Supreme Judicial Court of the Commonwealth of Massachusetts affirmed a lower court order preventing anti-choice activists from blocking access to a facility providing abortion counseling or services. Granted under the Massachusetts Civil Rights Act, the injunction also prohibits using force against anyone entering, leaving, or working at such a location (see RFN II/22). Several health care providers and pro-choice organizations obtained a preliminary injunction in 1989 against trespassing or blockading at specific clinics. The following year, the Commonwealth of Massachusetts intervened in the case and was granted a similar statewide order by Superior Court Judge Peter Lauriat. Upholding application of the civil rights statute in this context, the Massachusetts Supreme Judicial Court found that the trial court "properly concluded that the defendants' conduct constituted threats, intimidation, and coercion" of women seeking to exercise their constitutional right to choose abortion. Moreover, the state High Court held that the trial court "did not abuse its discretion in denying disclosure of the identities of the women affected by the defendants' conduct." Anti-choice activists had claimed they needed to question patients to show that blockades--not threats, intimidation, or coercion--caused them to delay their abortion procedures. Congratulations to John Henn of Foley, Hoag and Eliot of Boston, who represented plaintiffs in Planned Parenthood League of Massachusetts v. Blake. CRLP's Janet Benshoof, Catherine Albisa, and Priscilla Smith filed an amicus brief in the case (see RFN II/22). full text

Ending to What End? The Impact of the Termination of Court-Desegregation Orders on Residential Segregation and School Dropout Rates

ERIC Educational Resources Information Center

Liebowitz, David D.

2018-01-01

In the early 1990s, the Supreme Court established standards to facilitate the release of school districts from racial desegregation orders. Over the next two decades, federal courts declared almost half of all districts under court order in 1991 to be "unitary"--that is, to have met their obligations to eliminate dual systems of…

Preventive Detention of Juveniles. Hearing before the Subcommittee on Juvenile Justice of the Committee on the Judiciary. United States Senate, Ninety-Eighth Congress, Second Session. Oversight Hearing to Review the Recent Supreme Court Decision Relating to the Pretrial Detention of Juvenile Offenders. Serial No. J-98-145.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. Senate Committee on the Judiciary.

This document contains prepared statements and witness testimony from the Congressional hearing on the pretrial detention of juveniles. The opening statement of Senator Arlen Specter, subcommittee chairman, is presented, focusing on the concerns arising from the Supreme Court decision in the case of Schall versus Martin (New York) which supports…

Supreme Court Decision Could Help Efforts to Block Animal Research.

ERIC Educational Resources Information Center

Jaschik, Scott

1991-01-01

A decision in the case involving the "Silver Spring Monkeys" and National Institutes of Health research left open the possibility of suing the federal agency in state courts, possibly making it easier for animal-rights groups to block some animal research. However, the ruling addresses only a narrow jurisdictional question. (MSE)

High court asked to review differing definitions of 'disability'.

PubMed

1997-02-21

[Name removed] applied for and received Social Security benefits after losing his job at The Disney Stores, Inc. [Name removed], who has AIDS, alleges he was fired in violation of the Americans with Disabilities Act (ADA). The 3rd U.S. Circuit Court of Appeals said [name removed] could not sue [name removed] because of a discrepancy between his statements on the disability application and in the lawsuit. The Court said he had to choose between suing and accepting disability benefits. The court would not accept [name removed]'s argument that the definitions of disability under the Social Security Act and the ADA differed significantly. The U.S. Supreme Court has been asked to overturn this ruling. In a related case, the Michigan Court of Appeals invoked judicial estoppel to bar a worker from suing his employer under the State Handicappers' Civil Rights Act.

The Court versus Consent Decrees? Schools, "Horne v. Flores" and Judicial Strategies of Institutional Reform Litigation

ERIC Educational Resources Information Center

Chilton, Bradley; Chwialkowski, Paul

2014-01-01

Is the U.S. Supreme Court inviting litigants to take aim at unraveling injunctions in institutional reform litigation--especially consent decrees in the schools? In "Horne v. Flores" (2009), the court remanded a 17-year-old school reform case to a federal judge with orders to look beyond consent decrees on financing, reducing class…

Military Justice: Courts-Martial, an Overview

DTIC Science & Technology

2013-08-12

stages of a criminal prosecution. Criminal proceedings provide both the opportunity to contest guilt and to challenge the government’s conduct that...P. 11(a). Defendant is entitled to jury instructions explaining that guilt must be proved on the evidence beyond a reasonable doubt. Taylor v...Kentucky, 436 U.S. 478 (1978). Defendant is entitled to appear in court without unnecessary physical restraints or other indicia of guilt , such as

Justice O'Connor's Retirement May Change Court's Approach to Higher Education

ERIC Educational Resources Information Center

Schmidt, Peter

2005-01-01

Supreme Court Justice Sandra Day O'Connor has announced she will retire as soon as a replacement is nominated and confirmed. Article discusses O'Connor's ruling and comments on education-related cases, possible judicial nominees, and pending or upcoming cases related to higher education.

Fighting addiction's death row: British Columbia Supreme Court Justice Ian Pitfield shows a measure of legal courage

PubMed Central

2008-01-01

The art in law, like medicine, is in its humanity. Nowhere is the humanity in law more poignant than in BC Supreme Court Justice Ian Pitfield's recent judgment in the legal case aimed at protecting North America's only supervised injection facility (SIF) as a healthcare program: PHS Community Services Society versus the Attorney General of Canada. In order to protect the SIF from politicization, the PHS Community Services Society, the community organization that established and operates the program, along with two people living with addiction and three lawyers working for free, pro bono publico, took the federal government of Canada to court. The courtroom struggle that ensued was akin to a battle between David and Goliath. The judge in the case, Justice Pitfield, ruled in favour of the PHS and gave the Government of Canada one year to bring the Controlled Drugs and Substances Act (CDSA) into compliance with the country's Charter of Rights and Freedoms. If parliament fails to do so, then the CDSA will evaporate from enforceability and law in June of 2009. Despite the fact that there are roughly twelve million intravenous drug addiction users in the world today, politics andprejudice oards harm reduction are still a barrier to the widespread application of the "best medicine" available for serious addicts. Nowhere is this clearer than in the opposition by conservative Prime Minister Stephen Harper and his faithful servant, federal health minister Tony Clement, towards Vancouver's SIF ("Insite"). The continued angry politicization of addiction will only lead to the tragic loss of life, as addicts are condemned to death from infectious diseases (HIV & hepatitis) and preventable overdoses. In light of the established facts in science, medicine and now law, political opposition to life-saving population health programs (including SIFs) to address the effects of addiction is a kind of implicit capital punishment for the addicted. This commentary examines the socio

State court rejects estoppel in job accommodation case.

PubMed

1997-07-25

The Supreme Judicial Court of Massachusetts ruled that a person who applies for disability benefits does not forfeit his right to pursue an employment discrimination claim if the employer refuses to accommodate his disability. The court ruled in favor of [name removed], who sued the law firm of [name removed] and [name removed] in Boston for violating the State's Anti-Discrimination Law. The law firm cited Federal and State precedents to show that [name removed] should be estopped from pursuing his lawsuit. [Name removed], who had multiple sclerosis, proved that he was capable of performing the tasks required of him as long as his schedule was flexible.

High Court Rules that Law Bars Bias against Persons with Contagious Ills.

ERIC Educational Resources Information Center

Fields, Cheryl M.

1987-01-01

The Supreme Court has ruled that Section 504 of the Rehabilitation Act of 1973, which protects disabled people from discrimination, covers persons with contagious diseases. This decision is seen as strengthening the rights of people suffering from AIDS as well as other diseases. (MSE)

Justices Query Lawyers in Florida Court Showdown over Voucher Program

ERIC Educational Resources Information Center

Richard, Alan

2006-01-01

Florida's Opportunity Scholarships faced their most crucial test in June 2005, as the state supreme court heard arguments in a case about the constitutionality of the voucher program. In more than an hour of oral arguments in "Bush v. Holmes," held June 7, in Tallahassee and shown live on the Internet, lawyers sparred over the…

A Guide to the Changing Court Rulings on Union Security in the Public Sector: A Union Perspective.

ERIC Educational Resources Information Center

Darko, Richard J.; Knapp, Janet C.

1985-01-01

The Supreme Court in "Ellis vs. Brotherhood of Railway, Airline and Steamship Clerks" has provided a systematic process for determining what constitutes union expenses properly charged to objecting nonmembers. (MLF)

The Supreme Court, the Constitution, and the Struggle for Political Power

ERIC Educational Resources Information Center

Pulliam, William E.; Rich, Lynne O'Brien

1977-01-01

Reviews a series of films entitled "Equal Justice Under Law" and suggests how the films might be used in secondary and college classes. The major objective of the films is to help students understand the role of the early Court in establishing the American system of government. (Author/RM)

School Prayer: The Court, the Congress, and the First Amendment.

ERIC Educational Resources Information Center

Alley, Robert S.

When Congress adopted the First Amendment to the U.S. Constitution in 1789, it left open many questions that would arise concerning church-state relations. It became clear early in the history of the country that the Supreme Court would have a great impact on how the First Amendment would be upheld and interpreted. This book examines how Congress…

High-Court Ruling Transforms Battles over Desegregation at Colleges in 19 States.

ERIC Educational Resources Information Center

Jaschik, Scott

1992-01-01

This article examines the impact on institutions of higher education, particularly in 19 southern and border states, from the U.S. Supreme Court's decision on how the states must show they have removed vestiges of past segregation. Its impact on affirmative action, admissions criteria, and redistricting are examined. (GLR)

School Discipline in the Dark: Crippling Court Confusion Offers Mixed Messages for School Administrators Attempting to Discipline Students for Cyber Misconduct

ERIC Educational Resources Information Center

Summers, Beth A.

2013-01-01

This dissertation examines the demarcation line of school authority between off campus conduct and on campus discipline involving student cyber speech. A lack of clear direction from the Supreme court has left school administrators wading through a quagmire of advice and disparate lower court rulings regarding their authority to punish students…

Sex Discrimination--Court Narrows Gilbert--Some Pregnancy Discrimination Is Sex Related.

ERIC Educational Resources Information Center

Allen, Claudia G.; Powers, Jean C.

1978-01-01

Issues concerning sex discrimination based on pregnancy, presented in Nashville Gas Co. vs. Satty, and the Supreme Court's treatment of the issues are examined. The way in which the Satty opinion limits the scope of the General Electric Co. vs. Gilbert decision, and an analysis of the implications of the Satty decision are included. (JMD)

Affirmative Action Case Queued Up for Airing at High Court

ERIC Educational Resources Information Center

Walsh, Mark

2012-01-01

The future of affirmative action in education--not just for colleges but potentially for K-12 schools as well--may be on the line when the U.S. Supreme Court takes up a race-conscious admissions plan from the University of Texas next month. That seems apparent to the scores of education groups that have lined up behind the university with…

High Court Case Could Rein in Private Placements under IDEA

ERIC Educational Resources Information Center

Walsh, Mark

2007-01-01

This article reports on starkly contrasting portraits of special education that the justices are sure to hear on the first day of the new U.S. Supreme Court term. In a case from New York City, the 1.1 million-student district argues that school officials made every attempt to provide an appropriate education plan under the federal Individuals with…

The Afro-American before the Burger Court, 1976-1978: Justice Granted or Justice Denied?

ERIC Educational Resources Information Center

Gill, Robert Lewis

1978-01-01

Supreme Court rulings during 1976-78 on capital punishment; criminal justice and prisoner rights; busing and school desegregation; discrimination in housing and employment; rights of illegitimates and family relations; abortion, voting rights, tenant landlord relations; and "reverse discrimination" have had a significant impact on Black…

Montana's courting of physician aid in dying. Could Des Moines follow suit?

PubMed

Svenson, Arthur G

2010-09-01

Montana recently joined Oregon and Washington as the only states in the nation to legalize the choice among terminally ill adults to hasten death by self-administering a lethal dose of drugs prescribed by a physician. Unlike Oregon and Washington, however, Montana's legalization of physician aid in dying (PAID) resulted not from public consideration of a statewide initiative, but from the judicial resolution of a lawsuit, Baxter v. Montana. As originally conceived, a trial judge reasoned that the unenumerated right to PAID is embraced by enumerated state constitutional rights to privacy and dignity. On appeal, Montana's supreme court jettisoned this construct, and, in its place, fashioned a legal home for PAID out of state homicide, consent defense, and end-of-life statutes. Central to this court's statutory rendering is the finding that state law, allowing terminally ill Montanans sustained by life support to withdraw such treatment and die, discriminates against terminally ill Montanans not sustained by life support who seek death; these classes are similar, the justices reckoned, entitling both to choose death. This analysis examines Montana's courting of PAID, offering textual examination of state trial and appellate court opinions, an accounting of legal strategies advanced in amici curiae briefs, and commentary about the problems and prospects with Baxter's holding. I argue, ultimately, that the equality principles statutorily conceived in Baxter (1) could be parroted in the vast majority of states that both criminalize assisted suicide and enumerate constitutional equal protection guarantees, and (2) could replace sub silentio the equal protection paradigm applied to "physician-assisted suicide" by the United States Supreme Court in its landmark Vacco v. Quill ruling.

Mental Retardation and the Law: A Report on Status of Current Court Cases.

ERIC Educational Resources Information Center

Friedman, Paul R.; Beck, Ronna Lee

Featured in the issue is an analysis of the Supreme Court's decision on O'Connor v. Donaldson, and provided are updated summaries of 104 cases previously reported in the publication. Reviewed are cases on the following topic areas: architectural barriers, classification, commitment, custody, education, employment, guardianship, protection from…

Conservative Politicians Are Lashing Out at Courts That Order Equal Funding for Education

ERIC Educational Resources Information Center

Corriher, Billy

2014-01-01

Conservative governors and legislators across America are angry at the third branch of government. Some of these lawmakers are pushing legislation that could throw judges off the bench, while others are pushing to limit judicial authority. In one state, a governor unilaterally removed a justice of the state supreme court. Another Republican…

A Guide to the Changing Court Rulings on Union Security in the Public Sector: An Introduction.

ERIC Educational Resources Information Center

Jascourt, Hugh D.

1985-01-01

Introduces two articles that (1) supply the union and management perspectives of the Supreme Court decision in "Ellis vs. Brotherhood of Railway, Airline and Steamship Clerks" and (2) discuss how this decision affects the public sector in the area of education. (MLF)

Lost in the crowd: prison mental health care, overcrowding, and the courts.

PubMed

Appelbaum, Paul S

2011-10-01

Skyrocketing inmate populations have put considerable pressure on prison mental health services. In California, prison populations have exceeded 200% of capacity, and litigation to rectify constitutionally inadequate care has been under way for more than two decades. After the failure of other remedies, a federal court ordered the state to reduce its inmate population to 137.5% of capacity in two years. The U.S. Supreme Court upheld the order, although it signaled that California could obtain more time to comply. Other states now are on notice that the justices will not permit grossly inadequate treatment conditions to continue indefinitely.

Implications of Recent Court Decisions Involving Rights and Responsibilities on the Campus.

ERIC Educational Resources Information Center

Paulsen, Monrad G.

The US has witnessed an enormous federalization of protective devices in the field of criminal law and an expanded interpretation of the first 8 Bill of Rights provisions in recent years. Since the Supreme Court approaches college cases and criminal law cases in the same manner, it is important to know what is happening to the shape of the law. At…

Circuit courts clash over HIV in the workplace.

PubMed

1997-09-19

Some of the major differences of opinions between the circuit courts on issues affecting HIV and employment are examined. In the seven years since the passing of the Americans with Disabilities Act (ADA), there has been disagreement among the circuits relative to the interpretation of the law. At the heart of the debate is whether or not HIV infection, without symptoms of AIDS, actually qualifies for a disability under the meaning and intent of the ADA. Another fundamental issue is whether or not reproduction is considered a major life activity under the ADA. Federal circuit courts have also considered what happens to patients in the latter stages of HIV diseases, when symptoms are so pronounced that he or she qualifies for disability benefits including Social Security or private disability plans. There is disagreement among the circuits as to whether insurance products, including those provided through an employee benefit program, are covered under the ADA. As of this date, the U.S. Supreme Court has not intervened on any of the HIV/ADA-related cases.

Civil Rights and Social Change: The Contributions of Interest Groups, Social Movements, and the Courts.

ERIC Educational Resources Information Center

O'Connor, Karen

1990-01-01

Discusses a faculty seminar on the role of interest groups in the judicial process, focusing on U.S. Supreme Court decisions. Explores the dynamics of social change and defines interest groups. Examines the role of interest groups in civil rights litigation and delineates the contours of the current constitutional changes. Includes seminar…

Sex-Bias Remedies Upheld: High Court to Hear Cases on Student Search, IDEA

ERIC Educational Resources Information Center

Walsh, Mark

2009-01-01

This article reports a U.S. Supreme Court decision last week which supports the parents of a Massachusetts student who claimed that school officials failed to respond adequately to sexual harassment of their daughter--then in kindergarten--by a 3rd grade boy on her bus. The parents sued the district under both Title IX and Section 1983. In the…

76 FR 78194 - Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Kentucky; Regional...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-16

...EPA is proposing a limited approval and a limited disapproval of two revisions to the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky through the Kentucky Energy and Environment Cabinet, Division of Air Quality (KYDAQ), on June 25, 2008, and May 28, 2010, that address regional haze for the first implementation period. These revisions address the requirements of the Clean Air Act (CAA or Act) and EPA's rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas (national parks and wilderness areas) caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing a limited approval of these SIP revisions to implement the regional haze requirements for Kentucky on the basis that the revisions, as a whole, strengthen the Kentucky SIP. Also in this action, EPA is proposing a limited disapproval of these same SIP revisions because of the deficiencies in the Commonwealth's regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) to EPA of the Clean Air Interstate Rule (CAIR).

Social Science Research and the Courts: Informing Post-"Grutter" v. "Bollinger" Developments in Higher Education Cases

ERIC Educational Resources Information Center

Garces, Liliana M.

2013-01-01

During its 2013-2014 term, the U.S. Supreme Court will consider the constitutionality of Proposal 2, a ballot measure that amended Michigan's state constitution to ban the consideration of race in admissions at public postsecondary institutions. This article outlines the legal questions that have emerged in the case--Schuette v. Coalition to…

"New York Times v. Sullivan": A Reassessment of the Court's Analysis of the Seditious Libel Doctrine.

ERIC Educational Resources Information Center

Herbeck, Dale A.; Fishman, Donald

The United States Supreme Court in New York Times v. Sullivan (1964) extended the scope of protection provided to the press when covering public officials, requiring officials claiming libel by the press to prove "actual malice" (knowledge of falsity or reckless disregard of truth or falsity). The Alien and Sedition Acts of 1798 limited…

Property Assessment by Machine; A Case Study of the Application of Data Processing to Real Estate Assessments in a Kentucky County. Bureau of School Service Bulletin, Vol. 46, No. 1.

ERIC Educational Resources Information Center

Redman, John C.; Middleton, James W.

In 1965 the Court of Appeals of Kentucky ruled that all property should be assessed at 100 percent of fair market value. In compliance with the court decision, the county assessors began reassessing properties in January 1966. A great controversy arose over the new assessment procedures and problems. This study evaluates the results of the 1966…

Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate

DTIC Science & Technology

2007-06-25

a new Congress confirmed the nominee by voice vote. Another Court nominee to be re-nominated and then confirmed was Pierce Butler of Minnesota in 1922...importance the Framers of the Constitution attached to the word “advice” in the phrase “advice and consent.” The Framers, some have maintained, contemplated...that the “more sensible reading of the term ‘advice’ is that it means that the Senate is constitutionally entitled to give advice to a president on

Court refuses to reconsider Hydro-Quebec case

DOE Office of Scientific and Technical Information (OSTI.GOV)

Not Available

1993-02-01

A US court has denied a request that it reconsider a decision upholding Hydro-Quebec's $4 billion sale of 340 MW to 16 Vermont utilities. The Vermont Supreme Court issued the decision in October, rejecting arguments that the contract would result in construction of Hydro-Quebec's giant Grande Baleine (Great Whale) hydroelectric development, flooding Creek Indian lands and harming waterfowl. The Vermont Public Service Board endorsed the 340-MW sale - the continuation of a previous sale - to 24 utilities in 1990, but rejected sale of an additional 110 MW without more proof that the power is needed and that its generationmore » would not cause undue environmental damage. Since 1990, one utility merged with another, and seven withdrew from the contract, leaving 16 buyers. The New England Coalition for Energy Efficiency and the Environment and the Grand Council of the Cree appealed the Public Service Board approval. The high court agreed with the Public Service Board that the 340-MW purchase - a fraction of Hydro-Quebec's total 24,000-MW output - is a continuation of an earlier purchase and that no new construction at James Bay is necessary to supply the power. That finding undercut arguments about Grande Baleine's effects on the Cree.« less

77 FR 15561 - Requests for Testimony or the Production of Records in a Court or Other Proceedings in Which the...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-03-16

... regulations, after the Supreme Court's decision in United States ex rel. Touhy v. Regan, 340 U.S. 462 (1951..., telegrams, memoranda, facsimiles, reports, studies, calendar and diary entries, maps, graphs, pamphlets.... Legal proceeding means all pretrial, trial and post-trial stages of all judicial or administrative...

State summaries: Kentucky

USGS Publications Warehouse

Greb, S.F.; Anderson, W.H.

2006-01-01

Kentucky mines coal, limestone, clay, sand and gravel. Coal mining operations are carried out mainly in the Western Kentucky Coal Field and the Eastern Kentucky Coal field. As to nonfuel minerals, Mississippian limestones are mined in the Mississippian Plateaus Region and along Pine Mountain in southeastern Kentucky. Ordovician and Silurian limestones are mined from the central part of the state. Clay minerals that are mined in the state include common clay, ceramic and ball clays, refractory clay and shale. Just like in 2004, mining activities in the state remain significant.

Special Report: The Trial Court's Decision. In Evidence: Policy Reports from the CFE Trial, Volume 3.

ERIC Educational Resources Information Center

Campaign for Fiscal Equity, Inc., New York, NY.

This report summarizes a 2001 decision by the New York State Supreme Court in a landmark school funding case, Campaign for Fiscal Equity (CFE), Inc. v. State of New York. The original lawsuit was filed on behalf of New York City students, charging that New York State has underfunded the New York City public schools and denied City students their…

78 FR 33784 - Approval and Promulgation of Implementation Plans; Kentucky: Kentucky Portion of Cincinnati...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-06-05

... Promulgation of Implementation Plans; Kentucky: Kentucky Portion of Cincinnati-Hamilton, Supplement Motor.... SUMMARY: EPA is proposing to approve a revision to the Kentucky State Implementation Plan (SIP), submitted... maintenance plan for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN, maintenance area for the 1997...

Matrix of Key Federal Statutes and Federal and State Court Decisions Reflecting the Core Concepts of Disability Policy

ERIC Educational Resources Information Center

Turnbull, H. Rutherford, III; Stowe, Matt; Klein, Samara; Riffel, Brandon

2012-01-01

This matrix displays the decisions of the United States Supreme Court and the federal statutes most relevant to individuals with disabilities and their families. It is organized according to the core concepts of disability policy as identified by Rud Turnbull and his colleagues at the Beach Center on Disability, the University of Kansas, Lawrence,…

Examining implementation and preliminary performance indicators of veterans treatment courts: The Kentucky experience.

PubMed

Shannon, Lisa M; Birdwhistell, Shira; Hulbig, Shelia K; Jones, Afton Jackson; Newell, Jennifer; Payne, Connie

2017-08-01

Veterans' Treatment Courts (VTCs) are posited as a solution to offer rehabilitation for veterans involved in the criminal justice system. Despite the pervasive implementation of VTCs, there is little research focused specifically on VTC implementation and outcomes, which are based on other problem-solving court models such as drug court. The current study presents qualitative process evaluation data from key stakeholders (n=21) and veteran participants (n=4) to show accomplishments, challenges, and lessons learned during first-year implementation at two VTC sites. Quantitative performance data is also presented on veteran participants (n=19) served during the first year to show: types of services, monitoring, judicial interaction, sanctions/therapeutic responses, and rewards, as well as preliminary data on recidivism. Qualitative data, from both key stakeholders and veteran participants, suggests that offering rehabilitation via various program components, services/referrals, and accountability are critical to the success of the VTC. Data also provides valuable lessons learned for VTC implementation including communication, collaboration, information/protocols, and resources. Performance data shows that a variety of services are utilized and that frequent judicial interaction, drug testing, and sanctions are cornerstones of the VTC. Implications and future directions for research are discussed. Copyright © 2017 Elsevier Ltd. All rights reserved.

Congress, courts, and commerce: upholding the individual mandate to protect the public's health.

PubMed

Hodge, James G; Brown, Erin C Fuse; Orenstein, Daniel G; O'Keefe, Sarah

2011-01-01

Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's "individual mandate" (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial "inactivity." Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme Court. Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health. © 2011 American Society of Law, Medicine & Ethics, Inc.

Am I my brother's (or customer's or tenant's) keeper? Economic and ethical aspects to the California Supreme Court's struggle with the issue of landowner's standard of care.

PubMed

Hodson, T J; Englander, F; Englander, V

2001-07-01

The Supreme Court of California has ruled on several cases involving the question of to what extent a possessor of land is liable for the harm to customers or tenants occurring when a third party commits a criminal act against the customers or tenants present on the land. This paper reviews the historical development of this aspect of negligence law and analyzes the ethical and economic efficiency implications of ascribing legal responsibility for such crimes to: a) local government, b) the possessor of land, c) the customer, and d) the criminal. For example, is there an effort by the judicial system to substitute deterrence from criminal acts provided by possessors of land (i.e., specific deterrence) for the general deterrence traditionally provided through the use of police powers by local government? Analysis indicates that specific deterrence may be more effective in changing the location of criminal acts than in reducing the level of criminal activities. Also, the expense of complying with the legal responsibilities of protecting customers and clients may be especially high in high-crime, low-income areas, thus forcing commercial establishments to move or go out of business. Thus, we have a troubling tradeoff: compensating individual crime victims in a high-crime area could ultimately deprive the residents of basic economic opportunities.

Hispanic Administrators in Kentucky

ERIC Educational Resources Information Center

Ballestero, Victor; Wright, Sam

2008-01-01

The study was designed to provide information on Hispanic administrators in the Commonwealth of Kentucky. The data was obtained from Kentucky school Superintendents or their designees in 175 public school districts. The Hispanic survey contained six questions. The survey was mailed to Kentucky Superintendents on April 21, 2008. A follow-up survey…

Meghan Rene, et al., v. Dr. Suellen Reed, et al. "Due Process." Lesson Plans for Secondary School Teachers on the Constitutional Requirement of "Due Process of Law." Courts in the Classroom: Curriculum Concepts and Other Information on Indiana's Courts for the K-12 Educator.

ERIC Educational Resources Information Center

Osborn, Elizabeth

In the Rene v. Reed case, Meghan Rene and other disabled students argued that their due process rights were violated in regard to the Indiana Statewide Testing for Educational Progress (ISTEP) graduation examination. This set of four lesson plans uses the case of Rene v. Reed, which was first argued before the Indiana Supreme Court, to study the…

Student Expression: The Uncertain Future

ERIC Educational Resources Information Center

Bathon, Justin M.; McCarthy, Martha M.

2008-01-01

On June 25, 2007, the United States Supreme Court rendered its decision in "Morse v. Frederick", a long-awaited ruling regarding student speech in public schools. For nearly twenty years, the Supreme Court had been silent on the issue while lower courts attempted to apply the rules announced in previous Supreme Court decisions. It is…

2009 Kentucky traffic collision facts

DOT National Transportation Integrated Search

2009-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2009 is based on collision reports submitted to the Kentucky State Police : Records Branch. As required by Kentucky Revised Statutes 189.635, every law enforcement agency whose officers investigate :...

2005 Kentucky traffic collision facts

DOT National Transportation Integrated Search

2005-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2005 is based on collision reports submitted to the Kentucky State Police : Records Branch. As required by Kentucky Revised Statutes 189.635, every law enforcement agency whose officers investigate :...

2004 Kentucky traffic collision facts

DOT National Transportation Integrated Search

2004-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2004 is based on collision reports submitted to the Kentucky State Police : Records Branch. As required by Kentucky Revised Statutes 189.635, every law enforcement agency whose officers investigate :...

2008 Kentucky traffic collision facts

DOT National Transportation Integrated Search

2008-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2008 is based on collision reports submitted to the Kentucky State Police : Records Branch. As required by Kentucky Revised Statutes 189.635, every law enforcement agency whose officers investigate :...

2002 Kentucky traffic collision facts

DOT National Transportation Integrated Search

2002-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2002 is based on collision reports submitted to the Kentucky State Police : Records Branch. As required by Kentucky Revised statutes 189.635, every law enforcement agency whose officers investigate :...

2003 Kentucky traffic collision facts

DOT National Transportation Integrated Search

2003-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2003 is based on collision reports submitted to the Kentucky State Police : Records Branch. As required by Kentucky Revised Statutes 189.635, every law enforcement agency whose officers investigate :...

2001 Kentucky traffic collision facts

DOT National Transportation Integrated Search

2001-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2001 is based on collision reports submitted to the Kentucky State Police : Records Branch. As required by Kentucky Revised Statutes 189.635, every law enforcement agency whose officers investigate :...

2007 Kentucky traffic collision facts

DOT National Transportation Integrated Search

2007-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2007 is based on collision reports submitted to the Kentucky State Police : Records Branch. As required by Kentucky Revised Statutes 189.635, every law enforcement agency whose officers investigate :...

2006 Kentucky traffic collision facts

DOT National Transportation Integrated Search

2006-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2006 is based on collision reports submitted to the Kentucky State Police : Records Branch. As required by Kentucky Revised Statutes 189.635, every law enforcement agency whose officers investigate :...

2000 Kentucky traffic collision facts

DOT National Transportation Integrated Search

2000-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2000 is based on collision reports submitted to the Kentucky State Police : Records Branch. As required by Kentucky Revised statutes 189.635, every law enforcement agency whose officers investigate :...

1995 Kentucky traffic accident facts

DOT National Transportation Integrated Search

1995-01-01

KENTUCKYS TRAFFIC ACCIDENT FACTS report for 1995 is based on accident reports submitted to the Accident Unit housed : in the Kentucky State Police Information Services Branch, Records Section. As required by Kentucky Revised statutes 189.635, : ...

1996 Kentucky traffic accident facts

DOT National Transportation Integrated Search

1996-01-01

KENTUCKYS TRAFFIC ACCIDENT FACTS report for 1996 is based on accident reports submitted to the Accident Unit housed : in the Kentucky State Police Information Services Branch, Records Section. As required by Kentucky Revised statutes 189.635, : ...

1998 Kentucky traffic accident facts

DOT National Transportation Integrated Search

1998-01-01

KENTUCKYS TRAFFIC ACCIDENT FACTS report for 1998 is based on accident reports submitted to the Accident Unit housed : in the Kentucky State Police Information Services Branch, Records Section. As required by Kentucky Revised statutes 189.635, : ...

1997 Kentucky traffic accident facts

DOT National Transportation Integrated Search

1997-01-01

KENTUCKYS TRAFFIC ACCIDENT FACTS report for 1997 is based on accident reports submitted to the Accident Unit housed : in the Kentucky State Police Information Services Branch, Records Section. As required by Kentucky Revised statutes 189.635, : ...

Kentucky Traffic Collision Facts 2016

DOT National Transportation Integrated Search

2016-09-26

KENTUCKYS TRAFFIC COLLISION FACTS report is based on collision reports submitted to the Kentucky State Police Records Branch. As required by Kentucky Revised Statutes 189.635, every law enforcement agency whose officers investigate a vehicle ac...

Kentucky traffic collision facts 2015.

DOT National Transportation Integrated Search

2016-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2015 is based on collision reports submitted to the Kentucky State Police Records Branch. As required by Kentucky Revised Statutes 189.635, every law enforcement agency whose officers investigate a v...

2010 Kentucky traffic collision facts

DOT National Transportation Integrated Search

2010-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 2010 is based on collision reports submitted to the Kentucky State Police Records Branch. As required by Kentucky Revised Statutes 189.635, every law enforcement agency whose officers investigate a v...

1999 Kentucky traffic accident facts

DOT National Transportation Integrated Search

1999-01-01

KENTUCKYS TRAFFIC COLLISION FACTS report for 1999 is based on accident reports submitted to the Accident Unit housed in the Kentucky State Police Information Services Branch, Records Section. As required by Kentucky Revised statutes 189.635, ev...

Ira C. Ritter and The Kroger Co., v. Jerry and Ruth Stanton. "Trial by Jury." Lesson Plans for Secondary Teachers on the Constitutional Protections of Trial by Jury. Courts in the Classroom: Curriculum Concepts and Other Information on Indiana's Courts for the K-12 Educator.

ERIC Educational Resources Information Center

Osborn, Elizabeth

In the case of Ritter v. Stanton, the attorneys for Ira Ritter and Kroger alleged that the amount of damages awarded by the jury were excessive and asked the Indiana Supreme Court to review the matter. This set of three lesson plans for secondary educators uses the Ritter v. Stanton case to examine the concept of the U.S. constitutional right to…

Nursing Manpower Licensed in Kentucky, 1979-1981. Kentucky Nursing Education Project.

ERIC Educational Resources Information Center

Kentucky State Council on Higher Education, Frankfort.

Data on nurses licensed in Kentucky for 1979-1981 are presented, as part of the Kentucky Nursing Education Project. Information is provided on: licensure status, home state/district/county, employment status, employment state/district/county, field of employment in nursing, position, highest educational level attained, age, sex, marital status,…

Evaluation of Kentucky's "Buckle Up Kentucky : It's the Law & It's Enforced" campaign.

DOT National Transportation Integrated Search

2003-08-01

The objective of this report was to document the results of the "Buckle Up Kentucky: It's the Law & It's Enforced" campaign in Kentucky. Data were also taken to document the change in usage after enactment of the primary enforcement law. The campaign...

Village of Arlington Heights et al. v. Metropolitan Housing Development Corp. et al. Certiorari to the United States Court of Appeals for the Seventh Circuit. Syllabus.

ERIC Educational Resources Information Center

Supreme Court of the U. S., Washington, DC.

This document presents the Supreme Court decision in the law suit between the Village of Arlington Heights, Illinois, and the Metropolitan Housing Development Corporation (MHDC). MHDC, a nonprofit developer contracted to purchase a tract within the boundaries of the Village of Arlington Heights, Illinois in order to build racially integrated low…

ACHP | News

Science.gov Websites

Taylor as a Cultural Property The Supreme Court of the State of New Mexico affirmed as lawful the area) are proposed. Below, a copy of the original text of the article, which follows: Supreme Court Thursday by the New Mexico Supreme Court. The listing by the New Mexico Cultural Properties Review

US Supreme Court set to hear oral arguments in Montana coal tax case

DOE Office of Scientific and Technical Information (OSTI.GOV)

Not Available

1981-04-01

Montana defends it 30% coal severance tax as proper compensation for exporting an exhaustible resource, but 11 utilities and four coal companies are suing on constitutional grounds. The suit charges that the tax does not balance costs and benefits and that it represents an effort to export tax burdens. Montana contends that the tax passed in 1975 recognizes the state's long-term needs by requiring that 50% of the revenue be placed in a permanent trust fund for future social and environmental adjustments and questions whether the courts can put a monetary value on these impacts. The plaintiffs see the trustmore » fund as an admission that the tax is excessive and the state's failure to comply with national energy policy. (DCK)« less

Kentucky's forests, 2004

Treesearch

Jeffery A. Turner; Christopher M. Oswalt; James L. Chamberlain; Roger C. Conner; Tony G. Johnson; Sonja N. Oswalt; KaDonna C. Randolph

2008-01-01

Forest land area in the Commonwealth of Kentucky amounted to 11.97 million acres, including 11.6 million acres of timberland. Over 110 different species, mostly hardwoods, account for an estimated 21.2 billion cubic feet of all live tree volume. Hardwood forest types occupy 85 percent of Kentucky’s timberland, and oak-hickory is the dominant forest-type group...

Suicide Mortality among Kentucky Farmers, 1979-1985.

ERIC Educational Resources Information Center

Stallones, Lorann

1990-01-01

Compared age-specific suicide rates for Kentucky White farmers, Kentucky White males, and United States White males. Found suicide rates highest for farmers, followed by Kentucky males, and the United States males. All males were most likely to use firearms to commit suicide, but farmers and other Kentucky males used firearms significantly more…

Kentucky Water Resources Research Institute (KWRRI)

Science.gov Websites

HOME Home Programs History of the Institute USGS Institute Faculty Research Support Technology Watershed Management University of Kentucky Superfund Research Center Kentucky Research Consortium on Energy Environmental Research and Training Laboratory (ERTL) Kentucky Geological Survey For Faculty Faculty Research

Evaluation of Kentucky's "Buckle Up Kentucky : It's the Law & It's Enforced" 2007 campaign.

DOT National Transportation Integrated Search

2007-08-01

The objective of this report was to document the results of the "Buckle Up Kentucky: It's the Law & It's Enforced" 2007 campaign in Kentucky. Data were also taken to document the change in usage after enactment of the primary enforcement law. The cam...

Evaluation of Kentucky's "Buckle Up Kentucky : It's the Law & It's Enforced" 2004 campaign.

DOT National Transportation Integrated Search

2004-07-01

The objective of this report was to document the results of the "Buckle Up Kentucky: It's the Law & It's Enforced" 2004 campaign in Kentucky. Data were also taken to document the change in usage after enactment of the primary enforcement law. The cam...

Evaluation of Kentucky's "Buckle Up Kentucky : It's the Law & It's Enforced" 2006 campaign.

DOT National Transportation Integrated Search

2006-07-01

The objective of this report was to document the results of the "Buckle Up Kentucky: It's the Law & It's Enforced" 2006 campaign in Kentucky. Data were also taken to document the change in usage after enactment of the primary enforcement law. The cam...

Evaluation of Kentucky's "Buckle Up Kentucky : It's the Law & It's Enforced" 2005 campaign.

DOT National Transportation Integrated Search

2005-07-01

The objective of this report was to document the results of the "Buckle Up Kentucky: It's the Law & It's Enforced" 2005 campaign in Kentucky. Data were also taken to document the change in usage after enactment of the primary enforcement law. The cam...

Court Directory - Alaska Court System

Science.gov Websites

FORMS SELF-HELP COURT RULES LAW LIBRARY ADMINISTRATION Home » Court Directory 'Unknown' © Carl Whitepages Law Libraries Locations, Contact Numbers State Observed Holidays List of State Observed Holidays | Go to Therapeutic Courts Homepage | Return to Court Homepage Law Libraries Anchorage - Staffed

Finance.

ERIC Educational Resources Information Center

MacPhail-Wilcox, Bettye; Anthony, Pat

One Supreme Court decision, seven federal appellate decisions, and two district court decisions were published in the area of school finance in 1990. The Supreme Court reviewed a case concerning allegations of school district segregation, along with an ensuing tax assessment issue. Federal appellate courts handed down decisions involving alleged…

Kentucky Workforce Pathways Development

ERIC Educational Resources Information Center

Coburn, Karen L.

2017-01-01

The purpose of the study was to determine whether the advent of healthcare information technology was a viable career pathway for the people of northeastern Kentucky. The qualitative study used the Delphi Method to conduct and examine interviews with nine experts in Kentucky's workforce development, economic development, education, and healthcare…

Venezuela: Background and U.S. Relations

DTIC Science & Technology

2016-08-22

opposition challenges on August 7 and criticized them for being “insulting” and “disrespectful” of the court and other institutions . 25 While the Supreme ...unrest and a government commitment to fill senior vacancies in such institutions as the National Electoral Council and the Supreme Court with...preventing four MUD representatives from taking office (denying the opposition a supermajority) and using the Supreme Court to block bills approved

Forests of Kentucky, 2013

Treesearch

Christopher Oswalt

2017-01-01

This resource update provides an overview of forest resource attributes for Kentucky based on an annual inventory conducted by the Forest Inventory and Analysis (FIA) Program at the Southern Research Station of the Forest Service, U.S. Department of Agriculture in cooperation with the Kentucky Department of Natural Resources Division of Forestry. These estimates, along...

Ignoring the data and endangering children: why the mature minor standard for medical decision making must be abandoned.

PubMed

Cherry, Mark J

2013-06-01

In Roper v. Simmons (2005) the United States Supreme Court announced a paradigm shift in jurisprudence. Drawing specifically on mounting scientific evidence that adolescents are qualitatively different from adults in their decision-making capacities, the Supreme Court recognized that adolescents are not adults in all but age. The Court concluded that the overwhelming weight of the psychological and neurophysiological data regarding brain maturation supports the conclusion that adolescents are qualitatively different types of agents than adult persons. The Supreme Court further solidified its position regarding adolescents as less than fully mature and responsible decisionmakers in Graham v. Florida (2010) and Miller v. Alabama (2012). In each case, the Court concluded that the scientific evidence does not support the conclusion that children under 18 years of age possess adult capacities for personal agency, rationality, and mature choice. This study explores the implications of the Supreme Court decisions in Roper v. Simmons, Graham v. Florida, and Miller v. Alabama for the "mature minor" standard for medical decision making. It argues that the Supreme Court's holdings in Roper, Graham, and Miller require no less than a radical reassessment of how healthcare institutions, courts of law, and public policy are obliged to regard minors as medical decisionmakers. The "mature minor" standard for medical decision making must be abandoned.

Trends in Adolescent Childbearing in Kentucky: 1970-1977. Kentucky Women: Challenges and Prospects.

ERIC Educational Resources Information Center

Keith, Verna; Garkovich, Lorraine

This report analyzes trends in childbearing among Kentucky's adolescents from 1970 through 1977 and reviews childbearing patterns in Kentucky and in the United States for adolescents aged 10-14 and 15-19 to identify several factors associated with adolescent pregnancy. The fact that adolescent women are reaching biological maturity at an earlier…

Fair Employment Implication for HRD: The Case of Washington vs. Davis

ERIC Educational Resources Information Center

Sharf, James C.

1977-01-01

Examines several decisions of district and appeals courts and the Supreme Courts, both State and Federal, under title VII of the Civil Rights Act of 1964 and their implications for personnel and training management. In a reversal of the appeals court decision, the Supreme Court ruled in the case of Washington vs. Davis that the…

The courts and public health: caught in a pincer movement.

PubMed

Parmet, Wendy E; Jacobson, Peter D

2014-03-01

Public health practitioners are familiar with the general outlines of legal authority and with judicial standards for reviewing public health regulations. What may not be as familiar are 3 emerging judicial doctrines that pose considerable risks to public health initiatives. We explain the contentious series of judicial rulings that now place health departments' broad grant of authority in jeopardy. One doctrine invokes the First Amendment to limit regulatory authority. The second involves the Supreme Court's reinterpretation of federalism to limit both federal and state public health interventions. The third redefines the standard of evidence required to support regulations. Together, these judicial trends create a pincer movement that places substantial new burdens on the ability of health departments to protect health.

School Law.

ERIC Educational Resources Information Center

Splitt, David A.

1986-01-01

Outlines important implications for consideration in developing employment policies prohibiting sexual harassment. The recent Supreme Court decision on a sexual harassment case shows that employers are not "insulated" from liability if courts find harassment in the workplace. Also discusses two other Supreme Court decisions. (MD)

Kentucky highway user survey 2008.

DOT National Transportation Integrated Search

2009-01-01

This study updates surveys of Kentucky driver opinion regarding the quality of Kentucky's highway system. The survey was conducted in 2008. Data is presented in bar graphs and tables that allow the analysis of changes in public opinion since the firs...

[Information and consensus for an appropriate medical-legal management of nosocomial infections, also in the light of the recommendations of the Joint Commission International Accreditation and the directions of the Supreme Court].

PubMed

Buzzi, Fabio

2010-01-01

The author, underlined the general importance of the information towards the persons who receive hospital assistance and recalled also the historical bases and the international inquiry upon this matter, precises the reasons that need particular information procedure regarding the hospital infections, because the problems raised by these infections and the safety measures against them request to involve also all people entering the hospital as visitors. On the basis of some specific items fixed by the Joint Commission International Accreditation in order of the duties of the hospital directions, well applicable on this matter, the author suggests that the material impossibility to zeroing occurrence of the hospital infections, in case of litigations between hospitals and patients needs alternative dispute solutions. In this respect the author mentions the opportunities created by law in France and, very recently, in Italy too. Finally, the author points out the pretentions of the Italian Supreme Court about the completeness and the precision that must caractherize the procedure of informed consent about all risks of every medical activity, otherwise the liability of the hospitals and the members of their care staffs is quite presumed--even from the point of view of the penal aforethought--while the medical performance has been proper.

Where Theory and Law Meet: Trends in establishment clause jurisprudence in the US federal courts and implications for science education

NASA Astrophysics Data System (ADS)

King, Lance E.; Southerland, Sherry A.

2013-03-01

In this study, federal court opinions and writings of legal scholars, spanning 63 years of establishment clause jurisprudence in the US federal courts were analysed in an effort to determine dominant trends in judicial philosophy that are of significance to science educators. The study's findings suggest that the dominant legal theory underpinning the adjudication of establishment clause cases on the US Supreme Court has undergone a shift from one that emphasizes separation of church and state to one that favours integration of religion in the public sphere. This development poses significant challenges to science educators who are charged with the task of teaching in accordance with state science standards that emphasize topics that are considered controversial (e.g. evolution and global climate change) by many in the faith-based community. These findings constitute a basis for forecasting future actions in US courts regarding the role of government in establishing religious practices in the public sphere-particularly where such actions intersect with the roles of teachers in the nation's public K-12 science classrooms. Finally, we argue that scientists and science educators must adopt an assertive stance in defining science in curricular frameworks, providing something for the courts to draw upon in future decisions.

Naval Law Review. Volume 64, 2015

DTIC Science & Technology

2016-03-16

Supreme Court noted that concepts of ownership of or title to natural resources such as natural gas, minerals, landfill areas, birds, fish and other...unappropriated water is consistent with the approach the Supreme Court has taken in cases involving the use or disposition of water in the Western states.6...existing rights.12 In California Oregon Power Co. v. Beaver Portland Cement Co., the Supreme Court held that the effect of the Desert Land Act was

Education and the Law: Implications for American Indian/Alaska Native Students.

ERIC Educational Resources Information Center

Warner, Linda Sue

This chapter provides an overview of federal education case law and legislation. Currently, there is no Supreme Court education case law applicable specifically to American Indian students. Following brief descriptions of categories of jurisdiction and the structure of the federal court system, the overview summarizes Supreme Court case law…

LaFleur, Cohen and Aiello: An Aftermath

ERIC Educational Resources Information Center

French, Larry L.

1974-01-01

Discusses recent court decisions dealing with school district maternity leave policy, emphasizing the Aiello case, where the Supreme Court upheld a state insurance program that excluded disabilities relating to normal pregnancies, and the LaFleur and Cohen cases, where the Supreme Court held that mandatory termination of pregnant teachers is…

Can the government ban organ sale? Recent court challenges and the future of US law on selling human organs and other tissue.

PubMed

Cohen, I G

2012-08-01

On December 1, 2011, in Flynn v. Holder, a panel of the US Court of Appeals for the Ninth Circuit upheld the National Organ Transplant Act of 1984 (NOTA) from a constitutional challenge, but interpreted the act such that its prohibition on sale did not encompass "peripheral blood stem cells" obtained through apheresis. Rehearing of the case was denied on March 27, 2012. The Obama administration must now decide whether to pursue its challenge in the US Supreme Court. This article explains the litigation, its significance and uses it as a backdrop against which to understand the history and future trajectory of the laws governing selling organs and other human tissue. © Copyright 2012 The American Society of Transplantation and the American Society of Transplant Surgeons.

Assessment program for Kentucky traffic records.

DOT National Transportation Integrated Search

2015-02-01

During 2013, the Kentucky Transportation Center identified 117 potential performance metrics for the ten databases in : the Kentucky Traffic Records System. This report summarizes the findings of three main tasks completed in 2014: (1) : assessment o...

Recent Church-State Litigation.

ERIC Educational Resources Information Center

Bryson, Joseph E.

After a brief synopsis of the 1974 legal activity centering on the church-state relationship, the speaker examines three particular cases: the United States Supreme Court decision in Wheeler v. Barrera, a Missouri district court decision in Luetkemeyer v. Kaufmann, and the Supreme Court decision in Franchise Tax Board of California v. United…

Trial Courts - Alaska Court System

Science.gov Websites

Search Court Cases Search Case Information Through the CourtView Public Access Website Court Calendars & Case Dispositions Description Adult Change of Name Cases Filed * Lists adult change of name cases filed in the prior month Adult Change of Name Cases Granted * Lists adult change of name cases granted

Predictors of intimate partner problem-related suicides among suicide decedents in Kentucky

PubMed Central

Comiford, Ashley L.; Sanderson, Wayne T.; Chesnut, Lorie; Brown, Sabrina

2016-01-01

Abstract: Background: Suicide is the 10th leading cause of death in the United States. Furthermore, intimate partner problems are amid the top precipitating circumstances among suicide decedents. The aim of this study was to determine circumstantial associations of intimate partner problem-related suicides in suicide decedents in Kentucky. Methods: All suicides that were reported to the Kentucky Violent Death Reporting System between 2005 and 2012 were eligible for this study. Multiple logistic regression was used to explore predictors (precipitating health-related problems, life stressors, and criminal/legal issues) of intimate partner problem-related suicides. Results: Of the 4,754 suicides, included in this study, approximately 17% had intimate partner problems prior to suicide. In the adjusted analysis, mental health issues, alcohol problems, history of suicides attempts, suicides precipitated by another crime, and other legal problems increased the odds of having an intimate partner-related suicide. However, having physical health problems, prior to the suicide, decreased the odds of intimate partner-related suicide. Conclusions: These results provide insight for the development of suicide interventions for individuals with intimate partner problems by targeting risk factors that are prevalent among this population. Moreover, these results may help marriage/relationship and/or family/divorce court representatives identify individuals with intimate partner problems more at risk for suicide and alleviate the influence these suicide risk factors have on individuals experiencing Intimate partner problems. PMID:27092956

Predictors of intimate partner problem-related suicides among suicide decedents in Kentucky.

PubMed

Comiford, Ashley L; Sanderson, Wayne T; Chesnut, Lorie; Brown, Sabrina

2016-07-01

Suicide is the 10th leading cause of death in the United States. Furthermore, intimate partner problems are amid the top precipitating circumstances among suicide decedents. The aim of this study was to determine circumstantial associations of intimate partner problem-related suicides in suicide decedents in Kentucky. All suicides that were reported to the Kentucky Violent Death Reporting System between 2005 and 2012 were eligible for this study. Multiple logistic regression was used to explore predictors (precipitating health-related problems, life stressors, and criminal/legal issues) of intimate partner problem-related suicides. Of the 4,754 suicides, included in this study, approximately 17% had intimate partner problems prior to suicide. In the adjusted analysis, mental health issues, alcohol problems, history of suicides attempts, suicides precipitated by another crime, and other legal problems increased the odds of having an intimate partner-related suicide. However, having physical health problems, prior to the suicide, decreased the odds of intimate partner-related suicide. These results provide insight for the development of suicide interventions for individuals with intimate partner problems by targeting risk factors that are prevalent among this population. Moreover, these results may help marriage/relationship and/or family/divorce court representatives identify individuals with intimate partner problems more at risk for suicide and alleviate the influence these suicide risk factors have on individuals experiencing Intimate partner problems. © 2016 KUMS, All rights reserved.

Amy and Drew: Two Children Who Helped Determine What Free Appropriate Public Education Means

ERIC Educational Resources Information Center

Hammel, Alice M.

2018-01-01

Two Supreme Court cases have served to frame our legal rights and responsibilities regarding a Free Appropriate Public Education for students in our music classrooms and ensembles. This article serves as record of the two cases and their merits, according to the Supreme Court, as well as the actions recommended based on the court decisions.

Mexicano/Chicano Concerns and School Desegregation in Los Angeles. Monograph No. 9.

ERIC Educational Resources Information Center

Haro, Carlos Manuel

On June 26, 1976, the California State Supreme Court affirmed a 1970 lower court decision that the Los Angeles City Unified School District was segregated and school desegregation was ordered. The Supreme Court decision was of great importance to the large population of black residents in the district. However, unlike other desegregation efforts,…

Argumentation in Miranda v. Arizona.

ERIC Educational Resources Information Center

Benoit, William L.

1991-01-01

Investigates the argumentation advanced in briefs, oral arguments, and the Supreme Court's opinion in the case of Miranda versus Arizona. Considers the background of the case, analyzes the argumentation and its influences on the court, and stresses the importance of viewing the Supreme Court as an active participant in the decision-making process.…

Gene Patents and Personalized Cancer Care: Impact of the Myriad Case on Clinical Oncology

PubMed Central

Offit, Kenneth; Bradbury, Angela; Storm, Courtney; Merz, Jon F.; Noonan, Kevin E.; Spence, Rebecca

2013-01-01

Genomic discoveries have transformed the practice of oncology and cancer prevention. Diagnostic and therapeutic advances based on cancer genomics developed during a time when it was possible to patent genes. A case before the Supreme Court, Association for Molecular Pathology v Myriad Genetics, Inc seeks to overturn patents on isolated genes. Although the outcomes are uncertain, it is suggested here that the Supreme Court decision will have few immediate effects on oncology practice or research but may have more significant long-term impact. The Federal Circuit court has already rejected Myriad's broad diagnostic methods claims, and this is not affected by the Supreme Court decision. Isolated DNA patents were already becoming obsolete on scientific grounds, in an era when human DNA sequence is public knowledge and because modern methods of next-generation sequencing need not involve isolated DNA. The Association for Molecular Pathology v Myriad Supreme Court decision will have limited impact on new drug development, as new drug patents usually involve cellular methods. A nuanced Supreme Court decision acknowledging the scientific distinction between synthetic cDNA and genomic DNA will further mitigate any adverse impact. A Supreme Court decision to include or exclude all types of DNA from patent eligibility could impact future incentives for genomic discovery as well as the future delivery of medical care. Whatever the outcome of this important case, it is important that judicial and legislative actions in this area maximize genomic discovery while also ensuring patients' access to personalized cancer care. PMID:23766521

Forest statistics of eastern Kentucky

Treesearch

The Forest Survey Organization Central States Forest Experiment Station

1952-01-01

The Forest Survey is conducted in the various regions by the forest experiment stations of the Forest Service. In Kentucky the project is directed by the Central States Forest Experiment Station with headquarters in Columbus, Ohio. This Survey Release presents the more significant preliminary statistics on the forest area and timber volume for the Eastern Kentucky...

Dolly and Alice

PubMed Central

Burk, Dan L.

2015-01-01

The opinion of the United States Court of Appeals for the Federal Circuit, In re Roslin Institute, rejecting patent claims to mammals cloned from somatic cells, was rendered about a month before the United States Supreme Court's decision in Alice Corp. v. CLS Bank International. The Alice opinion explicitly sets out the standard for determining whether an invention falls within statutory patentable subject matter. Thus one is thus left to wonder what the Roslin opinion might have looked like had it been decided only a few weeks later, after the Alice decision was published, with the benefit of the Supreme Court's further direction on patentable subject matter. In this essay I explore whether in hindsight the Alice standard might have dictated a different outcome in Roslin, suggesting how the two-part test articulated by the Supreme Court in Alice might apply to a ‘products of nature’ analysis for cloned mammals. Drawing on that analysis, I then use the Roslin case as a vehicle to highlight certain issues with the Supreme Court's current subject matter jurisprudence as applied to biotechnology. By juxtaposing Dolly with Alice, it becomes clear that the Supreme Court has revivified a number of dormant biotechnology patent problems in the guise of subject matter analysis. PMID:27774214

Using litigation to defend women prosecuted for abortion in Mexico: challenging state laws and the implications of recent court judgments.

PubMed

Paine, Jennifer; Noriega, Regina Tamés; Puga, Alma Luz Beltrán Y

2014-11-01

While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

Improving Responsiveness to Fiscal Stress: The Kentucky Experience.

ERIC Educational Resources Information Center

Blanton, Jack C.; And Others

1984-01-01

Kentucky legislation that has restructured the business management of the state's public colleges and universities is discussed. Attention is directed to: conditions in Kentucky prior to the passage of H.B. 622; the events surrounding the development of the legislation; the effects of the legislation on Kentucky's eight universities and 13…

The timber resources of Kentucky

Treesearch

David A. Gansner

1968-01-01

The McSweeney-McNary Forest Research Act of 1928 authorizes the U. S. Forest Service to complete a statewide forest inventory of Kentucky at approximate 10-year intervals as part of the nationwide program of maintaining a current account of our timber resources. The Division of Forestry of the Kentucky Department of Natural Resources and the U. S. Forest Service...

Forest statistics of central Kentucky

Treesearch

The Forest Survey Organization Central States Forest Experiment Station

1950-01-01

This Survey Release presents the more significant preliminary statistics on the forest area and timber volume for each of the four regions of Central Kentucky. A similar report has been published for the Western Kentucky region and a release for the eastern region will be issued as soon as field work and tabulations are completed. Later an analytical report for the...

77 FR 69916 - SJI Board of Directors Meeting; Notice

Federal Register 2010, 2011, 2012, 2013, 2014

2012-11-21

... other business. All portions of this meeting are open to the public. ADDRESSES: New Mexico Supreme Court..., 2012 at 9:30 a.m. The meeting will be held at the New Mexico Supreme Court, in Santa Fe, New Mexico...

77 FR 34888 - Kentucky Regulatory Program

Federal Register 2010, 2011, 2012, 2013, 2014

2012-06-12

... DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 917 [KY-255-FOR; OSM-2012-0004] Kentucky Regulatory Program AGENCY: Office of Surface Mining Reclamation... Program (hereinafter, the ``Kentucky program'') under the Surface Mining Control and Reclamation Act of...

76 FR 50436 - Kentucky Regulatory Program

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-15

... DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 917 [KY-254-FOR; OSM-2011-0005] Kentucky Regulatory Program AGENCY: Office of Surface Mining Reclamation... Program (hereinafter, the ``Kentucky program'') under the Surface Mining Control and Reclamation Act of...

Migration in Kentucky: Will the Circle Be Unbroken?

ERIC Educational Resources Information Center

Price, Michael

This chapter examines Kentucky's history of net migration, the age and education of recent in-migrants and out-migrants, and implications of these trends for Kentucky in the next century. Kentucky's migration history for much of the 20th century reveals the departure of young adults from the state, an exodus from rural areas, and an attraction of…

Defense.gov Special Report: Lesbian, Gay, Bisexual, and Transgender (LGBT)

Science.gov Websites

against LGBT Americans. Source June 15, 2015 On January 13, 1958, the United States Supreme Court ruled in his government job in 1957 for being gay. In 1961, he became the first to petition the Supreme Court

76 FR 12849 - Kentucky Regulatory Program

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-09

... (underground mining). The text of the Kentucky regulations can be found in the administrative record and online... DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 917 [KY-252-FOR; OSM-2009-0011] Kentucky Regulatory Program AGENCY: Office of Surface Mining Reclamation...

Kentucky and Missouri School Improvement Models.

ERIC Educational Resources Information Center

Wheeler, Nedra; Agruso, Ramona

The Kentucky Education Reform Act of 1990 mandates radical changes in curriculum, finances, and governance for all Kentucky schools and requires that all schools implement school-based decision making (SBDM). SBDM involves a cooperative problem solving approach to operational decisions. New York's Johnson City school district developed an…

Performance Assessment & KERA. Proceedings of a Conference of the Kentucky Educational Research Association (Lexington, Kentucky, April 1991).

ERIC Educational Resources Information Center

Kentucky Univ., Lexington. Center for Professional Development.

In April 1991, members of the Kentucky Educational Research Association (KERA), held a conference to discuss performance assessment and its use in Kentucky schools. The following papers from the conference are included: (1) "Our Conference and the Performance Assessment Committee" (S. Kifer); (2) "Performance Assessment: A National…

Summary of biological investigations relating to surface-water quality in the Kentucky River basin, Kentucky

USGS Publications Warehouse

Bradfield, A.D.; Porter, S.D.

1990-01-01

The Kentucky River basin, an area of approximately 7,000 sq mi, is divided into five hydrologic units that drain parts of three physiographic regions. Data on aquatic biological resources were collected and reviewed to assess conditions in the major streams for which data were available. The North, Middle, and South Forks of the Kentucky River are in the Eastern Coal Field physiographic region. Streams in this region are affected by drainage from coal mines and oil and gas operations, and many support only tolerant biotic stream forms. The Kentucky River from the confluence of the three forks to the Red River, is in the Knobs physiographic region. Oil and gas production operations and point discharges from municipalities have affected many streams in this region. The Red River, a Kentucky Wild River, supported a unique flora and fauna but accelerated sedimentation has eliminated many species of mussels. The Millers Creek drainage is affected by brines discharged from oil and gas operations, and some reaches support only halophilic algae and a few fish. The Kentucky River from the Red River to the Ohio River is in the Bluegrass physiographic region. Heavy sediment loads and sewage effluent from urban centers have limited the aquatic biota in this region. Silver Creek and South Elkhorn Creek have been particularly affected and aquatic communities in these streams are dominated by organisms tolerant of low dissolved oxygen concentrations. Biological data for other streams indicate that habitat and water quality conditions are favorable for most commonly occurring aquatic organisms. (USGS)

Mandated Preparation Program Redesign: Kentucky Case

ERIC Educational Resources Information Center

Browne-Ferrigno, Tricia

2013-01-01

This case study presents a chronicle of events spanning a decade in Kentucky that led to state policy changes for principal preparation and details the response to those mandated changes by professors at the University of Kentucky. Professors' collaborative efforts resulted in a new teacher leadership program and redesigned principal certification…

Eastern Kentucky Teacher and Administrative Stress

ERIC Educational Resources Information Center

Wright, Sam; Ballestero, Victor

2011-01-01

The purpose of this research was to survey selected Eastern Kentucky Principals (Elementary, Middle, and High School) to collect data about stress in public schools. A stress survey (Appendix C) was sent to randomly selected elementary, middle, and high school principals located in the Eastern Kentucky region serviced by Morehead State University…

Women in Kentucky: A Documented Profile.

ERIC Educational Resources Information Center

Stewart, Hester R.

A study was conducted in Kentucky to increase the database available to the state's decision makers concerning women in relation to family status, occupational participation, income and earnings, and issues and concerns that may need greater emphases. Data were gathered through Kentucky government agencies and the U.S. Bureau of the Census as well…

Water resources activities in Kentucky, 1986

USGS Publications Warehouse

Faust, R. J.

1986-01-01

The U.S. Geological Survey, Water Resources Division, conducts three major types of activities in Kentucky in order to provide hydrologic information and understanding needed for the best management of Kentucky 's and the Nation 's water resources. These activities are: (1) Data collection and dissemination; (2) Water-resources appraisals (interpretive studies); and (3) Research. Activities described in some detail following: (1) collection of surface - and groundwater data; (2) operation of stations to collect data on water quality, atmospheric deposition, and sedimentation; (3) flood investigations; (4) water use; (5) small area flood hydrology; (6) feasibility of disposal of radioactive disposal in deep crystalline rocks; (7) development of a groundwater model for the Louisville area; (8) travel times for streams in the Kentucky River Basin; (9) the impact of sinkholes and streams on groundwater flow in a carbonate aquifer system; (10) sedimentation and erosion rates at the Maxey Flats Radioactive Waste Burial site; and (11) evaluation of techniques for evaluating the cumulative impacts of mining as applied to coal fields in Kentucky. (Lantz-PTT)

School Desegregation Since Brown (1954): 30-Year Perspective.

ERIC Educational Resources Information Center

Parker, Franklin

Views concerning the influence of the 1954 Supreme Court decision in "Brown versus the Board of Education" which ended school segregation are discussed. Historian Raymond Wolters believes that while segregation was wrong and the Supreme Court's unanimous decision reversing the "separate but equal" interpretation was right, the…

The Shaping of Policy: Exploring the Context, Contradictions, and Contours of Privilege in "Milliken v. Bradley," over 40 Years Later

ERIC Educational Resources Information Center

Green, Terrance L.; Gooden, Mark A.

2016-01-01

Background/Context: "Milliken v. Bradley" (1974) ("Milliken I") is a pivotal Supreme Court case that halted a metropolitan school desegregation remedy between Detroit and 53 surrounding suburban school districts. In a 5-4 Supreme Court decision, the "Milliken" ruling was a significant retraction from the landmark…

Cancer Mortality in Rural Appalachian Kentucky. Appalachian Data Bank Report #6.

ERIC Educational Resources Information Center

Tucker, Thomas C.; And Others

This report compares cancer mortality rates in rural Appalachian Kentucky with rates for rural non-Appalachian Kentucky and the U.S. white population. Rural Appalachian Kentucky differs from the rest of rural Kentucky in having a younger, poorer, less educated population with greater employment in mining as opposed to agriculture, and with less…

Unfitness to stand trial decision-making in the extraordinary Chambers in the Courts of Cambodia.

PubMed

Freckelton, Ian; Karagiannakis, Magda

2014-06-01

In the small number of trials for matters such as genocide and crimes against humanity that have taken place before the Extraordinary Chambers in the Courts of Cambodia, by 2014 three occasions had arisen in which the fitness of the accused persons to participate in their trials had become contentious. This is hardly surprising given that the key period of Khmer Rouge government occurred a very long while ago--between 1975 and 1979. The accused persons are all aged. In two instances, the Trial Chamber of the Courts of its own motion sought expert evaluations of the accused persons' fitness to stand trial and, promptly, upon receipt of such reports, determined them to be fit by reference to criteria utilised by the Appeal Chamber of the International Criminal Court for the Former Yugoslavia (the ICTY). In the other instance an accused person, leng Thirith, was found unfit to stand trial and a range of important issues was traversed as to the measures that can properly be taken to try to render a person fit for trial and how legitimate the imposition of detention for that purpose is, and then how legitimate encroachments on a person's civil liberties are to monitor them if there is only a remote possibility that their mental state might improve. It is likely that the balance adopted by the Supreme Court Chamber in the Courts of Cambodia in making significant efforts to render an accused person fit for trial and then in continuing to monitor their mental state when such efforts do not bear fruit, instead of simply releasing them back into the community, will stand as an important precedent for future occasions under international criminal law when issues of fitness to stand trial and how they should be handled arise.

Alternative Fuels Data Center: Kentucky Transportation Data for Alternative

Science.gov Websites

) 804 Source: BioFuels Atlas from the National Renewable Energy Laboratory Case Studies Video thumbnail April 7, 2011 More Case Studies Videos Text Version More Kentucky Videos on YouTube Video thumbnail for ://www.youtube.com/embed/iISl9VguTlo Video thumbnail for Kentucky Charges Forward with All-Electric Buses Kentucky

Educational Adequacy Litigation in the American South: 1973-2009

ERIC Educational Resources Information Center

Dishman, Mike; Redish, Traci

2010-01-01

Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

Charting the Future of College Affirmative Action: Legal Victories, Continuing Attacks, and New Research

ERIC Educational Resources Information Center

Orfield, Gary, Ed.; Marin, Patricia, Ed.; Flores, Stella M., Ed.; Garces, Liliana M., Ed.

2007-01-01

The United States Supreme Court's landmark 2003 decisions in "Grutter v. Bollinger" and "Gratz v. Bollinger" firmly established that university admissions policies which are designed to promote student body diversity and which employ race in a carefully crafted selection process can withstand constitutional challenge. The Supreme Court ruled that…

Is the Door in the Invisible Wall Closing?

ERIC Educational Resources Information Center

Windsor, Duane; Greanias, George

Several Supreme Court decisions in the 1970s have rejected constitutional arguments aimed at eliminating exclusionary zoning and growth management schemes which allegedly maintain existing problems of racial and income segregation in major metropolitan areas. These decisions have led observers to conclude that the Supreme Court has greatly…

76 FR 31387 - Kentucky Disaster # KY-00040

Federal Register 2010, 2011, 2012, 2013, 2014

2011-05-31

... SMALL BUSINESS ADMINISTRATION [Disaster Declaration 12599 and 12600] Kentucky Disaster KY-00040 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the Commonwealth of Kentucky (FEMA-1976-DR), dated 05/19/ 2011. Incident...

Smoke-free legislation and charitable gaming in Kentucky.

PubMed

Pyles, M K; Hahn, E J

2009-02-01

To determine the effect of municipal smoke-free laws in Kentucky on gross and/or net revenues from charitable gaming activities. Between January 2000 and June 2007, 13 Kentucky communities implemented smoke-free legislation; only three specifically exempted charitable gaming facilities and compliance in several communities was not consistent. Kentucky is a tobacco-growing state that has the highest smoking rate in the United States. A fixed-effects time series design to estimate the impact of municipal smoke-free laws on charitable gaming. 13 Kentucky counties that implemented smoke-free laws during the study period of January 2000 through June 2007. All charitable gaming facilities in 13 counties in which a smoke-free ordinance was enacted during the study period. Gross and net revenues from charitable gaming activities in each county for each quarter of the study period, obtained from the Kentucky Department of Charitable Gaming. When controlling for economic variables, county-specific effects and time trends using a robust statistical framework, there was no significant relation between smoke-free laws and charitable gaming revenues. Municipal smoke-free legislation had no effect on charitable gaming revenues. No significant harm to charitable gaming revenues was associated with the smoke-free legislation during the 7.5-year study period, despite the fact that Kentucky is a tobacco-producing state with higher-than-average smoking rates.

Measuring the value of Kentucky vehicle enforcement activities.

DOT National Transportation Integrated Search

2008-01-01

The responsibility for monitoring commercial vehicles on Kentuckys roadways and enforcing the applicable laws and regulations falls primarily on Kentucky Vehicle Enforcement (KVE). KVE personnel are involved in a variety of activities including co...

Postsecondary Education Reform in Kentucky. Issue Brief.

ERIC Educational Resources Information Center

Rabuzzi, Daniel A.; Carson, Ron

As governors and states seek to improve the responsiveness of postsecondary education, Kentucky's experience provides a powerful example of a systemic reform strategy. In 1997, Kentucky's governor proposed, and the General Assembly approved, the Postsecondary Education Improvement Act (House Bill 1), which reshaped the state system of public…

The Struggle for Equality.

ERIC Educational Resources Information Center

Williams, Mary Louise

1991-01-01

Presents a lesson tracing the legal evolution toward greater justice in U.S. society from 1865-1965 through congressional acts and Supreme Court decisions. Includes student handouts of major civil rights cases, legislation, and background information. Provides a bar graph for evaluating Supreme Court decisions and congressional acts that advance…

Brown v. Board at 60: Why Have We Been so Disappointed? What Have We Learned?

ERIC Educational Resources Information Center

Rothstein, Richard

2014-01-01

May 17 is the 60th anniversary of "Brown v. Board of Education," the U.S. Supreme Court's 1954 decision that prohibited Southern states from segregating schools by race. The "Brown" decision annihilated the "separate but equal" rule, previously sanctioned by the Supreme Court in 1896, that permitted states and school…

Santa Fe v. Doe and The Secularization of America.

ERIC Educational Resources Information Center

Wales, Steven

2002-01-01

Suggests that the Supreme Court's Santa Fe v. Doe decision (involving voluntary, student-led prayer at high school football games) was erroneous. Concludes that the Supreme Court's jurisprudence in this area has effectively expunged religion from the public square, particularly public schools, by writing into the Constitution a strict wall between…

Ohio's School Finance System: Constitutional or Unconstitutional?

ERIC Educational Resources Information Center

Bulach, Clete

Since June 1979, when the Ohio Supreme Court declared Ohio's finance system constitutional, that system has continued to deteriorate, as evidenced by the number of districts borrowing from the school loan fund. Moreover, the supreme courts of four other states have recently declared their state financing systems unconstitutional. This paper…

Implementing "Abbott v. Burke": A Guide to the 2006 K-12 Abbott Regulations

ERIC Educational Resources Information Center

Education Law Center, 2005

2005-01-01

Except for school construction, there is no legislation to guide implementation of the programs and reforms ordered by the New Jersey Supreme Court in the landmark "Abbott v. Burke" case. Instead, in its 1998 "Abbott V decision," the Supreme Court directed the Commissioner of Education to provide standards and procedures to…

Teaching the Universal Declaration of Human Rights in a U.S. Government Course.

ERIC Educational Resources Information Center

Rosen, Philip

1990-01-01

Discusses the United Nations Universal Declaration of Human Rights as a vehicle for learning democratic and humanistic values. Provides goals for instruction about the Declaration. Compares the Declaration to U.S. Supreme Court cases and congressional acts, and suggests classroom activities using it. Includes an appendix on Supreme Court cases and…

The American Psychological Association's response to Brown v. Board of Education. The case of Kenneth B. Clark.

PubMed

Benjamin, Ludy T; Crouse, Ellen M

2002-01-01

In 1954, in Brown v. Board of Education, the Supreme Court struck down the "separate but equal" doctrine of the Plessy v. Ferguson decision (1896) that was the foundation of school segregation in 17 states and the District of Columbia. Brown is arguably the most important Supreme Court decision of the 20th century in terms of its influence on American history. Moreover, it has a special significance for psychology because it marked the first time that psychological research was cited in a Supreme Court decision and because social science data were seen as paramount in the Court's decision to end school segregation. This article describes psychologist Kenneth B. Clark's role in that case and the response of the American Psychological Association to scientific psychology's moment in a great spotlight.

Kentucky | Midmarket Solar Policies in the United States | Solar Research |

Science.gov Websites

NREL Kentucky Kentucky No renewable portfolio standard Carve-out: None Tracking system Attribute Tracking System (PJM-GATS) Kentucky currently has no state renewable portfolio standard or goal and no demand for renewable energy certificates (RECs). However, solar customers may sell RECs to the

Kentucky's nursery situation

Treesearch

Raymond J. Swatzyna

1980-01-01

The Kentucky Division of Forestry operates three tree nurseries producing approximately 12.5 million seedlings. Production is 60% hardwoods and shrubs and 40% pine. Production could be increased to 18 million and species added to meet demand.

Flood-inundation maps for a 6.5-mile reach of the Kentucky River at Frankfort, Kentucky

USGS Publications Warehouse

Lant, Jeremiah G.

2013-01-01

Digital flood-inundation maps for a 6.5-mile reach of Kentucky River at Frankfort, Kentucky, were created by the U.S. Geological Survey (USGS) in cooperation with the City of Frankfort Office of Emergency Management. The inundation maps, which can be accessed through the USGS Flood Inundation Mapping Science Web site at http://water.usgs.gov/osw/flood_inundation/, depict estimates of the areal extent and depth of flooding corresponding to selected water levels (stages) at the USGS streamgage Kentucky River at Lock 4 at Frankfort, Kentucky (station no. 03287500). Current conditions for the USGS streamgage may be obtained online at the USGS National Water Information System site (http://waterdata.usgs.gov/nwis/inventory?agency_code=USGS&site_no=03287500). In addition, the information has been provided to the National Weather Service (NWS) for incorporation into their Advanced Hydrologic Prediction Service (AHPS) flood warning system (http:/water.weather.gov/ahps/). The NWS forecasts flood hydrographs at many places that are often colocated at USGS streamgages. The forecasted peak-stage information, also available on the Internet, may be used in conjunction with the maps developed in this study to show predicted areas of flood inundation. In this study, flood profiles were computed for the Kentucky River reach by using HEC–RAS, a one-dimensional step-backwater model developed by the U.S. Army Corps of Engineers. The hydraulic model was calibrated by using the most current (2013) stage-discharge relation for the Kentucky River at Lock 4 at Frankfort, Kentucky, in combination with streamgage and high-water-mark measurements collected for a flood event in May 2010. The calibrated model was then used to calculate 26 water-surface profiles for a sequence of flood stages, at 1-foot intervals, referenced to the streamgage datum and ranging from a stage near bankfull to the elevation that breached the levees protecting the City of Frankfort. To delineate the flooded area at

Comments on the Lambert case: the rulings of the French Conseil d'État and the European Court of Human Rights.

PubMed

Veshi, Denard

2017-06-01

This study examines the decisions of the French Conseil d'Etat (Supreme Administrative Court) and the European Court of Human Rights in the Lambert case concerning the withdrawal of life-sustaining treatments. After presenting the facts of this case, the main legal question will be analyzed from an ethical and medical standpoint. The decisions of the Conseil d'État and then of the European Court of Human Rights are studied from a comparative legal perspective. This commentary focuses on the autonomous will of an unconscious patient and on the judicial interpretation of the right to life as recognized in article 2 of the European Convention on Human Rights. Furthermore, it medically classifies artificial nutrition and hydration (ANH) as a "treatment" which has ethical and legal implications. While the majority of the bioethical community considers ANH a medical treatment, a minority argues that ANH is basic care. This classification is ambiguous and has conflicting legal interpretations. In the conclusion, the author highlights how a French lawmaker in February 2016, finally clarified the status of ANH as a medical treatment which reconciled the different values at stake.

Race, Education, and the Politics of Fear

ERIC Educational Resources Information Center

Jackson, Barbara Loomis

2008-01-01

This article explores the legacies of the 1954 "Brown v. Board of Education" Supreme Court decision within the historical context of race relations in the United States. The pursuit by African Americans to exercise their rights of citizenship is described as influenced by the changing face of fear. The Supreme Court decisions that…

True Private Choice: A Practical Guide to School Choice after Zelman v. Simmons-Harris. Policy Analysis.

ERIC Educational Resources Information Center

Gryphon, Marie

In 2002, the Supreme court upheld an Ohio school choice program designed to help children leave Cleveland's failing public schools. This paper explains the history of the Cleveland program upheld in Zelman v. Simmons-Harris, describing the rules that the Supreme Court established for school choice. It includes examples and strategy to help…

The Commercial Speech Doctrine.

ERIC Educational Resources Information Center

Luebke, Barbara F.

In its 1942 ruling in the "Valentine vs. Christensen" case, the Supreme Court established the doctrine that commercial speech is not protected by the First Amendment. In 1975, in the "Bigelow vs. Virginia" case, the Supreme Court took a decisive step toward abrogating that doctrine, by ruling that advertising is not stripped of…

Voice Identification: Levels-of-Processing and the Relationship between Prior Description Accuracy and Recognition Accuracy.

ERIC Educational Resources Information Center

Walter, Todd J.

A study examined whether a person's ability to accurately identify a voice is influenced by factors similar to those proposed by the Supreme Court for eyewitness identification accuracy. In particular, the Supreme Court has suggested that a person's prior description accuracy of a suspect, degree of attention to a suspect, and confidence in…

School Referenda and Ohio Department of Education Typologies: An Investigation of the Outcomes of First Attempt School Operating Levies from 2002-2010

ERIC Educational Resources Information Center

Packer, Chad Douglas

2013-01-01

The complexities surrounding public school funding are not unique to Ohio. There have been numerous legal challenges in the State Supreme Courts and seminal cases from the U.S. Supreme Court which have assigned the practices and formulas by which schools are funded to the individual states. Although previous research has investigated voter…

A Setback for Religious Freedom.

ERIC Educational Resources Information Center

Sendor, Benjamin

1997-01-01

In "City of Boerne v. Flores, Archbishop of San Antonio," the U.S. Supreme Court struck down the 1993 Religious Freedom Restoration Act. RFRA was not intended to overrule a 1990 Supreme Court decision forbidding use of peyote in Native American religious ceremonies, but to "enforce" 14th-Amendment free-exercise rights. The…

Revisiting Bakke and Diversity-Based Admissions: Constitutional Law, Social Science Research, and the University of Michigan Affirmative Action Cases. Briefing Paper.

ERIC Educational Resources Information Center

Ancheta, Angelo N.

This paper explains how upcoming U.S. Supreme Court decisions in Gratz v. Bollinger and Grutter v. Bollinger are expected to broadly affect the future of race-conscious affirmative action. In these cases, the Supreme Court addresses the constitutionality of admissions policies at the University of Michigan designed to promote educational diversity…

Access to Presidential Materials.

ERIC Educational Resources Information Center

Tyler, John Edward

The Supreme Court's decision regarding executive privilege in the case of the United States v. Richard Nixon focused on specifics and left the greater issues of executive privilege untouched. This report summarizes the events leading up to Nixon's confrontation with the Supreme Court and examines the future of executive privilege. Questions raised…

Closing Kynect and Restructuring Medicaid Threaten Kentucky's Health and Economy.

PubMed

Wright, Charles B; Vanderford, Nathan L

2017-08-01

Following passage of the Patient Protection and Affordable Care Act (ACA) in the United States, the Kentucky Health Benefit Exchange, Kynect, began operating in Kentucky in October 2013. Kentucky expanded Medicaid eligibility in January 2014. Together, Kynect and Medicaid expansion provided access to affordable health care coverage to hundreds of thousands of individuals in Kentucky. However, following the Kentucky gubernatorial election in 2015, the newly inaugurated governor moved to dismantle Kynect and restructure the Medicaid expansion, jeopardizing public health gains and the state economy. As the first state to announce both the closure and restructuring of a state health insurance marketplace and Medicaid expansion, Kentucky may serve as a test case for the rest of the nation for reversal of ACA-related health policies. This article describes Kynect and the Kentucky Medicaid expansion and examines the potential short-term and long-term impacts that may occur following changes in state health policy. Furthermore, this article will offer potential strategies to ameliorate the expected negative impacts of disruption of both Kynect and the Medicaid expansion, such as the creation of a new state insurance marketplace under a new governor, the implementation of a private option, and increasing the state minimum wage for workers. Copyright © 2017 by Duke University Press.

Writing Whirligigs: The Art and Assessment of Writing in Kentucky State Reform.

ERIC Educational Resources Information Center

Wolf, Shelby A.; McIver, Monette C.

In 1990, the state of Kentucky created a new school system through the Kentucky Educational Reform Act (KERA). While KERA mandates wide-ranging progressive reform, testing through the Kentucky Instructional Results Information System (KIRIS) makes sure teachers get the job done. Though all Kentucky teachers are involved in writing, those at the…

Webster versus reproductive health services.

PubMed

Rhodes, A M

1989-01-01

The US Supreme Court's agreement to decide the Webster v Reproductive Health Service (MIssouri) case represents a direct challenge to the basic premise of the 1973 Roe v Wade decision. While the 1973 decision determined that woman's right to choose abortion during the 1st trimester of pregnancy is protected by the Constitutional right to privacy, the Webster case seeks to restrict access to legal abortion through 20 provisions, 5 of which were addressed by the Supreme Court. The 1st 2 provisions concerned the preamble of the MIssouri statute that contains statements to the effect that life begins at conception and unborn children have inalienable rights. The Supreme Court declined to the rule on the constitutionality of this preamble, maintaining that the preamble did no regulate abortions or medical practice. The 3rd provision involved restrictions on the use of public facilities and employees for the performance of nontherapeutic abortions. The Court upheld this restriction on the grounds that the Constitution does not mandate federal aid to abortion and the withholding of public facilities and funds does not deny women the right to abortion. The 4th provision, which the Court stated was not a moot controversy, made it illegal for public funds, employees, or facilities to be used for abortion counseling. Finally, the 5th provision of the MIssouri statute considered by the Supreme Court requires physicians to determine whether a fetus is viable before an abortion is performed on a woman 20 or more weeks pregnant. The Court found this provision to be constitutional since it furthers the state's interest in protecting viable fetuses and did not stipulate the means to be used to ascertain viability. Although Roe v Wade remains in force, the Supreme Court's actions on this case set the groundwork for other states to enact similarly restrictive statutes.

Portland Retail Druggists Association vs Abbott Laboratories et al, part 1.

PubMed

Greenberg, R B

1976-06-01

The findings of the U.S. Supreme Court, in its March 24, 1976, decision in the case of Portland Retail Druggists vs Abbott Laboratories et al, are presented. The case deals with price differentials offered to nonprofit hospitals by pharmaceutical manufacturers. Historical background leading to the case, and early rulings of a federal district court and a court of appeals, are discussed. The Supreme Court decision appears to reflect favorably on current hospital policies and procedures for drug purchasing and ambulatory care. Issues that require further clarification will be discussed in Part 2.

Kentucky, 2011-forest inventory and analysis factsheet

Treesearch

Christopher M. Oswalt

2013-01-01

This science update provides an overview of forest resource attributes for the Commonwealth of Kentucky based on an annual inventory conducted by the Forest Inventory and Analysis (FIA) Program at the Southern Research Station of the United States Department of Agriculture Forest Service in cooperation with the Kentucky Department of Natural Resources Division of...

"Gideon v. Wainwright" at Fifty: Lessons for Democracy and Civics

ERIC Educational Resources Information Center

Scruggs, Kevin

2013-01-01

March 18, 2013, marked the 50th anniversary of the Supreme Court's unanimous 1963 decision in "Gideon v. Wainwright." "Gideon," a petty criminal, accused of suspicion of breaking and entry was the seminal Supreme Court case that ruled that defendants in criminal cases have the right to an attorney even if they cannot afford to…

"Act in Good Faith."

ERIC Educational Resources Information Center

McKay, Robert B.

1979-01-01

It is argued that the Supreme Court's Bakke decision overturning the University of California's minority admissions program is good for those who favor affirmative action programs in higher education. The Supreme Court gives wide latitude for devising programs that take race and ethnic background into account if colleges are acting in good faith.…

Historic Reversals, Accelerating Resegregation, and the Need for New Integration Strategies

ERIC Educational Resources Information Center

Orfield, Gary; Lee, Chungmei

2007-01-01

American schools, resegregating gradually for almost two decades, are now experiencing accelerating isolation and this will doubtless be intensified by the recent decision of the U.S. Supreme Court. In June 2007, the Supreme Court handed down its first major decision on school desegregation in 12 years in the Louisville and Seattle cases. A…

Narrowing the Achievement Gap in a (Re) Segregated Urban School District: Research, Policy and Practice. The Achievement Gap, Research, Practice, and Policy

ERIC Educational Resources Information Center

Ikpa, Vivian W.; McGuire, C. Kent

2009-01-01

The interplay between sociopolitical forces and economic agendas becomes apparent when one examines the June 28, 2007 United States Supreme Court Decision, Parents Involved In Community Schools v. Seattle School District . In a reversal of the 1954 Brown Decision, the United States Supreme Court ruled that public schools could not use race as a…

Evolving Legal Standards Pertaining to Sexual Harassment: Administrators' Guide. From Inquiry to Practice.

ERIC Educational Resources Information Center

McCarthy, Martha

Few topics are receiving as much attention in the courts as sexual harassment. For example, the U.S. Supreme Court has delivered five case decisions since spring 1998. Three of the cases involved sexual harassment in employment, one involved teacher-to-student harassment, and one involved student-to-student (peer) harassment. These Supreme Court…

Lau v. Nichols: History of a Struggle for Equal and Quality Education (An Excerpt).

ERIC Educational Resources Information Center

Wang, L. Ling-Chi

The history and issues leading to the Supreme Court decision which recognized the special educational needs and rights of limited English speaking students is traced in this article. Also discussed are the ensuing community struggles for the right to fashion the appropriate relief mandated by the Supreme Court and for the right to have quality…

75 FR 23289 - Ponca Tribe of Indians of Oklahoma Liquor Control Ordinance

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-03

..., 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713... with the principles enunciated by the United States Supreme Court in United States v. Montana, 101 S... or credit cards issued by any financial institution. (C) Sale for Personal Consumption. All sales...

County Data Book 1997: Kentucky Kids Count.

ERIC Educational Resources Information Center

Kentucky Kids Count Consortium.

This Kids Count data book examines trends in the well-being of Kentucky's children on a statewide and county basis. An introduction summarizes some of the trends for Kentucky's children in the 1990s. The bulk of the report presents statewide and county data grouped into five categories: (1) poverty rates and programs (persons in poverty; median…

Assisted suicide ruling is flawed. A federal court decision has potentially grave implications for all healthcare workers.

PubMed

Moses, M F

1994-12-01

Last May a federal judge struck down Washington State's law against assisted suicide on the grounds that it violated the U.S. Constitution. The judge ruled that just as a citizen has a right to refuse life-sustaining medical treatment, so does he or she have a right to request a physician's assistance in committing suicide. The court also concluded that because the decision to end one's life is as intimate and personal as a decision to have an abortion, assisted suicide must also be constitutionally protected. The court is mistaken. A "right" to assisted suicide is described nowhere in the text of the Constitution. Assisted suicide, furthermore, does not occupy a fundamental place in American history and traditions, and therefore cannot be deemed implicit in the constitutional guarantee of due process. Indeed, just the opposite is true: Our history and traditions actively discourage and prohibit assisted suicide. The asserted right to assisted suicide finds no support in cases involving either abortion or termination of medical treatment. Two terms ago, the Supreme Court relied heavily on stare decisis in upholding the abortion right, but there is no line of precedent for a right to assisted suicide. Not all "personal" decisions are constitutionally protected, so the personal nature of suicide does not dispose of the question of its constitutional status. Finally, in equating refusal of medical treatment with suicide, the federal court in Washington State ignores a long line of authority that recognizes a fundamental difference between the two.(ABSTRACT TRUNCATED AT 250 WORDS)

Region 4: Kentucky Adequate Letter (7/6/2010)

EPA Pesticide Factsheets

This letter from EPA to Kentucky Energy and Environment Cabinet determined the overall mobile source emissions of direct PM2.5 and NOx in the Kentucky portion of the tri-state nonatainment area are an insignificant contributor to the air quality problem

76 FR 38262 - Kentucky Disaster Number KY-00040

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-29

... SMALL BUSINESS ADMINISTRATION [Disaster Declaration 12599 and 12600] Kentucky Disaster Number KY-00040 AGENCY: U.S. Small Business Administration. ACTION: Amendment 5. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the Commonwealth of Kentucky (FEMA-1976-DR...

76 FR 32387 - Kentucky Disaster Number KY-00040

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-06

... SMALL BUSINESS ADMINISTRATION [Disaster Declaration 12599 and 12600] Kentucky Disaster Number KY-00040 AGENCY: U.S. Small Business Administration. ACTION: Amendment 2. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the Commonwealth of Kentucky (FEMA-1976-DR...

76 FR 31671 - Kentucky Disaster Number KY-00040

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-01

... SMALL BUSINESS ADMINISTRATION [Disaster Declaration 12599 and 12600] Kentucky Disaster Number KY-00040 AGENCY: U.S. Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the Commonwealth of Kentucky (FEMA-1976-DR...

76 FR 37391 - Kentucky Disaster Number KY-00040

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-27

... SMALL BUSINESS ADMINISTRATION [Disaster Declaration 12599 and 12600] Kentucky Disaster Number KY-00040 AGENCY: U.S. Small Business Administration. ACTION: Amendment 4. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the Commonwealth of Kentucky (FEMA-1976-DR...

Gut reactions: moral conviction, religiosity, and trust in authority.

PubMed

Wisneski, Daniel C; Lytle, Brad L; Skitka, Linda J

2009-09-01

Theory and research point to different ways moral conviction and religiosity connect to trust in political authorities to decide controversial issues of the day. Specifically, we predicted that stronger moral convictions would be associated with greater distrust in authorities such as the U.S. Supreme Court making the "right" decisions regarding controversial issues. Conversely, we predicted that stronger religiosity would be associated with greater trust in authorities. We tested these hypotheses using a survey of a nationally representative sample of Americans (N = 727) that assessed the degree to which people trusted the U.S. Supreme Court to rule on the legal status of physician-assisted suicide. Results indicated that greater religiosity was associated with greater trust in the U.S. Supreme Court to decide this issue, and that stronger moral convictions about physician-assisted suicide were associated with greater distrust in the U.S. Supreme Court to decide this issue. Also, the processes underlying religious trust and distrust based on moral convictions were more quick and visceral than slow and carefully considered.

High radiofrequency radiation at Stockholm Old Town: An exposimeter study including the Royal Castle, Supreme Court, three major squares and the Swedish Parliament.

PubMed

Hardell, Lennart; Carlberg, Michael; Koppel, Tarmo; Hedendahl, Lena

2017-04-01

Exposure to radiofrequency (RF) radiation was classified as a possible human carcinogen, Group 2B, by the International Agency for Research on Cancer at WHO in 2011. The exposure pattern is changing due to the rapid development of technology. Outdoor RF radiation level was measured during five tours in Stockholm Old Town in April, 2016 using the EME Spy 200 exposimeter with 20 predefined frequencies. The results were based on 10,437 samples in total. The mean level of the total RF radiation was 4,293 µW/m 2 (0.4293 µW/cm 2 ). The highest mean levels were obtained for global system for mobile communications (GSM) + universal mobile telecommunications system (UMTS) 900 downlink and long-term evolution (LTE) 2600 downlink (1,558 and 1,265 µW/m 2 , respectively). The town squares displayed highest total mean levels, with the example of Järntorget square with 24,277 µW/m 2 (min 257, max 173,302 µW/m 2 ). These results were in large contrast to areas with lowest total exposure, such as the Supreme Court, with a mean level of 404 µW/m 2 (min 20.4, max 4,088 µW/m 2 ). In addition, measurements in the streets surrounding the Royal Castle were lower than the total for the Old Town, with a mean of 756 µW/m 2 (min 0.3, max 50,967 µW/m 2 ). The BioInitiative 2012 Report defined the scientific benchmark for possible health risks as 30-60 µW/m 2 . Our results of outdoor RF radiation exposure at Stockholm Old Town are significantly above that level. The mean exposure level at Järntorget square was 405-fold higher than 60 µW/m 2 . Our results were below the reference level on 10,000,000 µW/m 2 established by the International Commission on Non-Ionizing Radiation Protection (ICNIRP), which, however, are less credible, as they do not take non-thermal effects into consideration and are not based on sound scientific evaluation. Our highest measured mean level at Järntorget was 0.24% of the ICNIRP level. A number of studies have found adverse, non-thermal (no measurable

High radiofrequency radiation at Stockholm Old Town: An exposimeter study including the Royal Castle, Supreme Court, three major squares and the Swedish Parliament

PubMed Central

Hardell, Lennart; Carlberg, Michael; Koppel, Tarmo; Hedendahl, Lena

2017-01-01

Exposure to radiofrequency (RF) radiation was classified as a possible human carcinogen, Group 2B, by the International Agency for Research on Cancer at WHO in 2011. The exposure pattern is changing due to the rapid development of technology. Outdoor RF radiation level was measured during five tours in Stockholm Old Town in April, 2016 using the EME Spy 200 exposimeter with 20 predefined frequencies. The results were based on 10,437 samples in total. The mean level of the total RF radiation was 4,293 µW/m2 (0.4293 µW/cm2). The highest mean levels were obtained for global system for mobile communications (GSM) + universal mobile telecommunications system (UMTS) 900 downlink and long-term evolution (LTE) 2600 downlink (1,558 and 1,265 µW/m2, respectively). The town squares displayed highest total mean levels, with the example of Järntorget square with 24,277 µW/m2 (min 257, max 173,302 µW/m2). These results were in large contrast to areas with lowest total exposure, such as the Supreme Court, with a mean level of 404 µW/m2 (min 20.4, max 4,088 µW/m2). In addition, measurements in the streets surrounding the Royal Castle were lower than the total for the Old Town, with a mean of 756 µW/m2 (min 0.3, max 50,967 µW/m2). The BioInitiative 2012 Report defined the scientific benchmark for possible health risks as 30–60 µW/m2. Our results of outdoor RF radiation exposure at Stockholm Old Town are significantly above that level. The mean exposure level at Järntorget square was 405-fold higher than 60 µW/m2. Our results were below the reference level on 10,000,000 µW/m2 established by the International Commission on Non-Ionizing Radiation Protection (ICNIRP), which, however, are less credible, as they do not take non-thermal effects into consideration and are not based on sound scientific evaluation. Our highest measured mean level at Järntorget was 0.24% of the ICNIRP level. A number of studies have found adverse, non-thermal (no measurable temperature

Abortion 1980: the debate continues.

PubMed

Healey, J M

1980-09-01

Although recent Supreme Court rulings clarified the constitutional issues concerning induced abortion in the U.S., the abortion debate is not over. The debate has simply moved out of the courtroom and into the country's state and federal legislative bodies. The 1973 Supreme Court rulings recognized that women have the constitutional right to decide whether to abort or continue a pregnancy while the 1980 Supreme Court ruling declared that state and federal governments are not obligated by the constitution to provide funds to insure that women can exercise their abortion rights. The court ruled that neither the due process nor the equal protection clauses applied to abortion funding. The court did, nowever, leave the way open for the battle to continue in legislative bodies. The legislative bodies were clearly assigned the task of deciding for themselves whether or not to fund abortions. Since the public has a variety of views on the subject, debate on the issue in legislatures throughout the country will be intense.

76 FR 35937 - Kentucky Disaster Number KY-00040

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-20

... U.S. SMALL BUSINESS ADMINISTRATION [Disaster Declaration 12599 and 12600] Kentucky Disaster Number KY-00040 AGENCY: U.S. Small Business Administration. ACTION: Amendment 3. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the Commonwealth of Kentucky (FEMA-1976-DR...

Strategies for strengthening patent protection of pharmaceutical inventions in light of federal court decisions.

PubMed

Pillai, Xavier; Kinney, William A

2010-01-01

In this article, a brief history of patent law is presented, along with recent changes in its interpretation that are relevant in securing patents in the current landscape. Specific patent examples are presented to illustrate key issues. For example, the case of KSR International Co. v. Teleflex, Inc. is an important recent decision by the United States Supreme Court, which developed a more flexible definition of the teaching-suggestion-motivation (TSM) test in determining obviousness, which negates patentability. Although KSR case involved a mechanical invention, the ruling in this case has had implications in other areas of patent law, particularly as it applied to pharmaceutical and chemical inventions. It has had a significant impact on the outcome of patent prosecution at the United States Patent and Trademark Office (USPTO), as well as in defending patents in federal courts. If an invention is obvious to try and there are a finite number of predictable solutions in the prior art, then the invention will be considered obvious by current standards. Bayer Schering Pharma AG v. Barr Laboratories, Inc is presented as a case in which the court of appeals has applied the KSR standard of obviousness in invalidating a formulation patent claim, in which a finite number of options were available to the formulator. Unlike the formulation patent example, patents covering new molecules have survived challenges more successfully. In The Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc., the court of appeals for the Federal Circuit determined that the invention of risedronate was unobvious, although it was a mere positional isomer of a prior bisphosphonate. However in Altana Pharma AG v. Teva Pharmaceuticals USA, Inc., the court of appeals judged against the innovator company when there was a clearer case of predictable prior art. Finally, Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc. presents an example of a case at the Federal Circuit where topiramate

Collaboration in Search of a School Funding Remedy Post DeRolph

ERIC Educational Resources Information Center

McKinley, Sandra K.; Phillis, William L.

2008-01-01

March 24, 2007, marked a decade since the Ohio Supreme Court first ruled that the state school funding system was unconstitutional. Further, "DeRolph I" was followed by three more Ohio State Supreme Court decisions regarding the issue. Although the judicial decisions of "DeRolph I and II", reinforced by "DeRolph IV", clearly identified the legal…

In the Wake of the Storm

ERIC Educational Resources Information Center

Henderson, Michael B.

2010-01-01

Voucher programs and their supporters have had a tough last few years. The Florida Supreme Court declared vouchers in that state unconstitutional in 2006. Three years later, the Arizona Supreme Court did the same. In 2007, voters in Utah handed a resounding defeat to a voucher program there. In 2009, the U.S. Congress refused to continue funding…

Between Japanese American Internment and the USA PATRIOT Act: The Borderlands and the Permanent State of Racial Exception

ERIC Educational Resources Information Center

Michaelsen, Scott

2005-01-01

The general conversation today about the USA PATRIOT Act and its historical and legal significance must be contextualized with reference to a series of 1970s U.S. Supreme Court decisions regarding the U.S. Border Patrol that directly undergird the PATRIOT Act. The Supreme Court long ago turned the U.S. borderlands adjoining Mexico into a permanent…

Pledge Stays Intact as Justices Dismiss Atheist's Challenge

ERIC Educational Resources Information Center

Hendrie, Caroline

2004-01-01

This article reports on the fiery California atheist who lost his bid at the U.S. Supreme Court to get "under God" stricken from the Pledge of Allegiance. Dr. Michael A. Newdow, an emergency-room physician with a law degree who represented himself before the Supreme Court in the high-profile case against the Elk Grove, California, school…

The Constitutional Case for Universal School Choice in Minnesota.

ERIC Educational Resources Information Center

Lerner, Jon S.

Proponents of school choice are looking for ways to make school choice that includes private and religious schools legally sound. This paper describes how a carefully designed plan for universal school choice would be consistent with key rulings of the United States Supreme Court and the Minnesota Supreme Court. The paper first describes the 1971…

A Guidance Document for Kentucky's Oil and Gas Operators

DOE Office of Scientific and Technical Information (OSTI.GOV)

Bender, Rick

The accompanying report, manual and assimilated data represent the initial preparation for submission of an Application for Primacy under the Class II Underground Injection Control (UIC) program on behalf of the Commonwealth of Kentucky. The purpose of this study was to identify deficiencies in Kentucky law and regulation that would prevent the Kentucky Division of Oil and Gas from receiving approval of primacy of the UIC program, currently under control of the United States Environmental Protection Agency (EPA) in Atlanta, Georgia.

Experimental maintenance painting on various bridge projects : Kentucky Highway Investigative Task 40

DOT National Transportation Integrated Search

2002-02-01

The Kentucky Transportation Center (KTC) at the University of Kentucky has performed a series of research studies for the Kentucky Transportation Cabinet (KYTC) to monitor various experimental bridge painting projects and conduct investigative work f...

The impact of Wyeth v. Levine on FDA regulation of prescription drugs.

PubMed

Ausness, Richard C

2010-01-01

In Wyeth v. Levine, decided in March, 2009, the United States Supreme Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act. In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This Article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription drug labeling. The Article first discusses the preemption doctrine and its application to state law tort claims against product manufacturers. It then reviews the history of implied preemption of tort claims against manufacturers of FDA-approved prescription drugs prior to Wyeth and then discusses the Wyeth decisions in the Vermont Supreme Court and the United States Supreme Court. Finally, the Article evaluates some of the prescription drug preemption cases that have been decided in the lower federal courts since Wyeth and suggests that these courts are now reluctant to preempt failure to warn claims unless a manufacturer affirmatively seeks permission from FDA to change a drug's labeling.

Floods of January-February 1957 in southeastern Kentucky and adjacent areas

USGS Publications Warehouse

,

1964-01-01

Heavy rains over an extensive area on January 27-February 2, caused extreme flooding in southeastern Kentucky and adjacent areas in West Virginia, Virginia, and Tennessee. Total rainfall for the storm period ranged from 6-9 inches over most of the report area and was 12? inches at the eastern end of the Virginia-Kentucky State line. The principal basins affected by the storm were those of the Big Sandy, Kentucky, Cumberland, and Tennessee Rivers. Maximum discharge of record occurred in many streams. On Levisa Fork near Grundy, Va., the peak discharge of 33,200 cfs was 50 percent greater than the previous maximum in 17 years of record and was 3.3 times the mean annual flood. The peak discharges on-tributaries of the Kentucky River and on ,the Holston and Clinch Rivers were also the greatest of record and .those on the upper Cumberland River were nearly as great as .those during the historic floods of 1918 and 1946. Total flood damage was estimated at $61 million of which $39 million was in the Big Sandy River basin (mostly in Kentucky) and $15 million was in the Kentucky River basin--$52 million of the total damage was in Kentucky.

Court orders on procreation.

PubMed

Matevosyan, Naira R

2016-01-01

The aim of this study is to empirically evaluate judgments entered from 1913 to 2013 in the matters of compulsory sterilization. Holdings and dispositions at the U.S. Appellate and Supreme courts are randomly located in LexisNexis using Shepard's symbols. Continuous variables are processed with the Mantel-Haenszel method. Court orders are used as units of analysis. The majority of cases (56.4 %) concern minors at a mean age of 11.7 years. Forty-four (80 %) petitions are filed by the parents or guardians; 11 (20 %) are parens patriae. Petitions for female sterilization are denied in 56.4 % cases under the Federal Laws (2 U.S.C. 431; 28 U.S.C; 29 U.S.C; 42 U.S.C; 424 U.S.), Procedural due process clause of the 14th Amendment, statutes, and common law precedents. Petitions for female sterilization are granted in 36.4 % cases under the statutory penal codes, the Law of the land, precedents, and the dicta. No significant associations are found between the parity and degree of mental impairment (r = 0.342). Substantial correlations are met between the gender, degree of impairment (r (2) = 0.724), and dispositions (r (2) = 802). The mean age of women is 20.78 years; the mean age of men is 30.25 years. Correlations fail to establish reasoning between the age of the subjects and the entered judgments (r (2) = 0. 356). (1) The female/male ratio (8:1) and age gap of the respondents indicate on a disproportionate impact of the statutes. (2) The procedure of sterilization in itself is incommensurate with equality, as the volume of surgery is uneven in males and females. (3) The case law is instructive with respect to which arguments have not been advanced. (4) Lastly, due to the etiological intricacy of mental impairment, with genetic transmission strikingly different in men and women, expert-witnesses ought to act in a medical vacuum because there is no mathematical certainty as to the transmission mode of the traits in question (exon and intron mutations, triplet repeat

Projections of Distributed Photovoltaic Adoption in Kentucky through 2040

DOE Office of Scientific and Technical Information (OSTI.GOV)

Gagnon, Pieter; Das, Paritosh

2017-06-21

NREL has used the dGen (Distributed Generation Market Demand Model) to project the adoption of distributed Photovoltaics in Kentucky through 2040. This analysis was conducted by the STAT Network at the request of the Kentucky Energy Office.

A Kentucky Journey--African American Heritage. Teacher's Guide.

ERIC Educational Resources Information Center

Kentucky Historical Society, Frankfort.

This guide to the core exhibit of the Kentucky History Center (Frankfort) focuses on African American history in the commonwealth of Kentucky. The guide extracts text from seven of the exhibit's chronological areas and lists environments, displays, and other exhibit features to help students understand some of the events that shaped the African…

[With the fourth sentence of the First Chamber on wrongful birth: is it possible to start talking about "jurisprudence"?].

PubMed

de Angel Yágüez, Ricardo

2005-01-01

Chamber number 1 of the Spanish Supreme Court of Justice has announced its fourth wrongful birth case decision dated December 18, 2003. The issue is whether we can state that with these four rulings there is a genuine law of precedent, that is, reiterated doctrine of the Supreme Court of Justice on this matter (Article 1.6 of the Civil Code).

On University of Texas' Flagship Campus, Soul-Searching over Diversity

ERIC Educational Resources Information Center

Sander, Libby

2012-01-01

The author reports on a Supreme Court case that is echoing across the University of Texas at Austin, and for some students, it is personal. Not long after the U.S. Supreme Court agreed to hear Abigail Fisher's case against the University of Texas at Austin, a lighthearted joke made the rounds at the Warfield Center for African and African-American…

511 case studies : Kentucky

DOT National Transportation Integrated Search

2000-11-01

This document is the first of five case studies planned on the implementation of statewide 511 transportation information abbreviated telephone dialing codes. It provides a current snapshot of the progress being made in Kentucky

A blow to gender equality. Supreme Court judgement on Manushi's case on women's land rights.

PubMed

Reddy, V

1999-01-01

Many scholars take the view that personal laws of various communities are not subject to the constitution. Thus, the constitutional mandate of gender equality, which is to be found in articles 14 and 15 of the constitution, need not be taken into account by community-determined personal laws. The effect of such reasoning is that personal laws are given a free hand to discriminate against women. In the case of Madhu Kishwar against State of Bihar, the Apex Court decision caused a good deal of confusion on this aspect. A three-judge bench considered sections 7 and 8 of the Chotanagpur Tenancy Act, which is applicable to the Scheduled Tribes in Bihar and denies the right of succession to females in favor of males, as constitutional. This decision implies that general principles of equality as laid down in other succession laws cannot be applied to the laws of tribals. In addition, it reflects the general reluctance to let women be economically independent. However, it is proved that the decision is not in accordance with the constitution, making it clear that tribal women are entitled to equal succession rights, as are all women in India.

Analysis of traffic crash data in Kentucky : 1997-2001.

DOT National Transportation Integrated Search

2002-08-01

This report documents an analysis of traffic crash data in Kentucky for the years of 1997 through 2001. A primary objective of this study was to determine average crash statistics for Kentucky highways. Average and critical numbers and rates of crash...

Analysis of traffic accident data in Kentucky (1986-1990)

DOT National Transportation Integrated Search

1991-09-01

This report includes an analysis of traffic accident data in Kentucky for the years of 1986-1990. A primary objectve of this study was to determine average statistics for kentucky highways. Average and critical number and rates of accidents were calc...

Analysis of traffic crash data in Kentucky (2011-2015).

DOT National Transportation Integrated Search

2016-09-01

This report documents an analysis of traffic crash data in Kentucky for the years of 2011 through 2015. A primary objective of this study was to determine average crash statistics for Kentucky highways. Rates were calculated for various types of high...

Analysis of traffic crash data in Kentucky (1997-2001)

DOT National Transportation Integrated Search

2002-08-01

This report documents an analysis of traffic crash data in Kentucky for the years of 1997 through 2001. A primary objective of this study was to determine average crash statistics for Kentucky highways. Average and critical numbers and rates of crash...

Analysis of Traffic Crash Data in Kentucky (2012-2016).

DOT National Transportation Integrated Search

2017-09-01

This report documents an analysis of traffic crash data in Kentucky for the years of 2012 through 2016. A primary objective of this study was to determine average crash statistics for Kentucky highways. Rates were calculated for various types of high...

Analysis of traffic crash data in Kentucky (2009-2013).

DOT National Transportation Integrated Search

2014-09-01

This report documents an analysis of traffic crash data in Kentucky for the years of 2009 through 2013. A primary objective of this study was to determine average crash statistics for Kentucky highways. Rates were calculated for various types of high...

Analysis of traffic accident data in Kentucky (1994-1998)

DOT National Transportation Integrated Search

1999-09-01

This report includes an analysis of traffic accident data in Kentucky for the years of 1994 through 1998. A primary objective of this study was to determine average accident statistics for Kentucky highways. Average and critical numbers and rates of ...

Analysis of traffic crash data in Kentucky (1996-2000)

DOT National Transportation Integrated Search

2001-09-01

This report documents an analysis of traffic crash data in Kentucky for the years of 1996 through 2000. A primary objective of this study was to determine average crash statistics for Kentucky highways. Average and critical numbers and rates of crash...

Analysis of traffic crash data in Kentucky : 1996-2000.

DOT National Transportation Integrated Search

2001-09-01

This report documents an analysis of traffic crash data in Kentucky for the years of 1996 through 2000. A primary objective of this study was to determine average crash statistics for Kentucky highways. Average and critical numbers and rates of crash...

Analysis of traffic crash data in Kentucky : 2002-2006.

DOT National Transportation Integrated Search

2007-09-01

This report includes an analysis of traffic accident data in Kentucky for the years of 2002 through 2006. A primary objective of this study was to determine average accident statistics for Kentucky highways. Average and critical numbers and rates of ...

Analysis of traffic crash data in Kentucky : 2000-2004.

DOT National Transportation Integrated Search

2005-08-01

This report includes an analysis of traffic accident data in Kentucky for the years of 2000 through 2004. A primary objective of this study was to determine average crash statistics for Kentucky highways. Average and critical numbers and rates of cra...

Analysis of traffic crash data in Kentucky : 1998-2002.

DOT National Transportation Integrated Search

2003-09-01

This report documents an analysis of traffic accident data in Kentucky for the years of 1998 through 2002. A primary objective of this study was to determine average crash statistics for Kentucky highways. Average and critical numbers and rates of cr...

Analysis of traffic crash data in Kentucky : 2001-2005.

DOT National Transportation Integrated Search

2006-08-01

This report includes an analysis of traffic accident data in Kentucky for the years of 2001 through 2005. A primary objective of this study was to determine average crash statistics for Kentucky highways. Average and critical rates of crashes were ca...

Analysis of traffic crash data in Kentucky : 2003-2007.

DOT National Transportation Integrated Search

2008-08-01

This report includes an analysis of traffic accident data in Kentucky for the years of 2003 through 2007. A primary objective of this study was to determine average accident statistics for Kentucky highways. Average and critical numbers and rates of ...

Analysis of traffic crash data in Kentucky : 2005-2009.

DOT National Transportation Integrated Search

2010-08-01

This report documents an analysis of traffic crash data in Kentucky for the years of 2005 through 2009. A primary objectives of this study was to determine average crash statistics for Kentucky highways. Average and critical numbers and rates of cras...

Analysis of traffic crash data in Kentucky : 2004-2008.

DOT National Transportation Integrated Search

2009-09-01

The report documents an analysis of traffic crash data in Kentucky for the years of 2004 through 2008. A primary objective of this study was to determine average crash statistics for Kentucky highways. Average and critical numbers and rates of crashe...

Kentucky, 2010—forest inventory and analysis factsheet

Treesearch

Christopher M. Oswalt

2012-01-01

This publication provides an overview of forest resource attributes for the Commonwealth of Kentucky based on an annual inventory conducted by the Forest Inventory and Analysis (FIA) Program at the Southern Research Station of the U.S. Department of Agriculture Forest Service in cooperation with the Kentucky Department of Natural Resources Division of Forestry. These...

Eastern Kentucky Teacher and Administrative Stress: Part II

ERIC Educational Resources Information Center

Wright, Sam; Ballestero, Victor

2012-01-01

The purpose of this research was to survey selected Eastern Kentucky Teachers (Elementary, Middle, and High School) to collect data about stress in public schools. This was a continuation study for Eastern Kentucky that collected data on how men and women teachers and men and women administrators handle stress. A stress survey (Appendix C) was…

The Next Supreme Leader: Succession in the Islamic Republic Of Iran

DTIC Science & Technology

2011-01-01

Khamenei in Tehran to deliver a speech , with a picture of the late spiritual leader, Ayatollah Khomeini, on the wall behind (AP). iii Preface As the...of velayat-e faghih and the institution of Supreme Leader. In a December 2008 speech , Rafsanjani proposed a “Fatwa Council” made up of Iran’s marjas...Ahmadinejad, of “placing” the insti- tution of the Supreme Leader as an obstacle “to freedom of speech and a free society.”15 The reformists are somewhat

Mental health court outcomes: a comparison of re-arrest and re-arrest severity between mental health court and traditional court participants.

PubMed

Moore, Marlee E; Hiday, Virginia Aldigé

2006-12-01

Mental health courts have been proliferating across the country since their establishment in the late 1990's. Although numerous advocates have proclaimed their merit, only few empirical studies have evaluated their outcomes. This paper evaluates the effect of one mental health court on criminal justice outcomes by examining arrests and offense severity from one year before to one year after entry into the court, and by comparing mental health court participants to comparable traditional criminal court defendants on these measures. Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders. Similar analysis of mental health court completers and non-completers supports the prediction that a "full dose" of mental health treatment and court monitoring produce even fewer re-arrests.

Child Pornography. An Exploratory Study

DTIC Science & Technology

1990-01-01

The Sexual Exploitation of Children. New York: St Martins Press, 1986. Fields, Howa’-4 "Supreme Court, 6-3, Sans Possossiron of Child Porn ...Court, 6-3, Bans Possession of Child Porn ," Publishers Weekly 237, no.18 (May 4, 1990) 10. 27 See: O’Brien, 65-78; Seth L. Goldstein, "Investigating...15, (1973). 3 New York v. Ferber, 458 U.S. 757, (1982). 4 Howard Fields, "Supreme Court, 6-3, Bans Possession of Child Porn ,’" Publishers Weekly 237

Southern Illinois and Western Kentucky, USA

NASA Image and Video Library

1973-06-22

SL2-81-194 (22 June 1973) --- This view of southern Illinois and Western Kentucky (37.0N, 88.5W), with the winding Ohio River in between also illustrates the rich agriculture potential of the flood plains in the river bottom lands. To the east are the waters of Lake Kentucky and Lake Barkley which flow into the Ohio at Paducah, KY and may be seen stretching for several miles. Except for the Land Between the Lakes State Park, Extensive agriculture may be seen throughout the area. Photo credit: NASA

Towards developing Kentucky's landscape change maps

USGS Publications Warehouse

Zourarakis, D.P.; Lambert, S.C.; Palmer, M.

2003-01-01

The Kentucky Landscape Snapshot Project, a NASA-funded project, was established to provide a first baseline land cover/land use map for Kentucky. Through this endeavor, change detection will be institutionalized, thus aiding in decision-making at the local, state, and federal planning levels. 2002 Landsat 7 imaginery was classified following and Anderson Level III scheme, providing an enhancement over the 1992 USGS National Land Cover Data Set. Also as part of the deliverables, imperviousness and canopy closure layers were produced with the aid of IKONOS high resolution, multispectral imagery.

Status of H-Coal commercial activities. [Kentucky

DOE Office of Scientific and Technical Information (OSTI.GOV)

Hicks, H.N. Jr.

1981-01-01

The H-Coal process is a development of Hydrocarbon Research, Inc. (HRI). It converts coal by catalytic hydrogenation to substitutes for petroleum ranging from a low sulfur fuel oil to an all distillate synthetic crude, the latter representing a potential source of raw material for the petrochemical industry. The process is a related application to HRI's H-Oil process which is used commercially for the desulfurization of residual oils from crude oil refining. A large scale pilot plant was constructed at Catlettsburg, Kentucky that is designed to process 200 to 600 TPD of coal. The paper includes an update on the keymore » activities associated with the Breckinridge Project: Pilot Plant H-Coal at Catlettsburg, Kentucky; commercial design activities in Houston; and permit and EIS activities for the Addison, Kentucky plant site.« less

Globally Competitive, Locally Engaged: The Case of Kentucky

ERIC Educational Resources Information Center

McGuinness, Aims C., Jr.

2008-01-01

The Commonwealth of Kentucky, a state with among the lowest levels of per capita income and education attainment in the United States, embarked on an ambitious set of higher education reforms in 1997 aimed at elevating the state to the national average of educational attainment by 2020. At the time of their enactment, the Kentucky reforms were…

Eastern Kentucky Teacher and Administrative Stress: Part III

ERIC Educational Resources Information Center

Wright, Sam; Ballestero, Victor

2012-01-01

The purpose of this research was to survey randomly selected Eastern Kentucky Superintendents to collect data about stress in public schools. This was the third year of a continuation study for Eastern Kentucky that collected data on how men and women teachers and men and women administrators handle stress. A stress survey (Appendix A) was sent to…

Womanpower in the United States and in Kentucky.

ERIC Educational Resources Information Center

Huelsman, B. Ryle

By 1975, the Kentucky and United States female labor force participation rates were both 41 percent. Although pre-World War II data are lacking for the Commonwealth, it was not until 1950 that the labor force participation rate for Kentucky women reached 20.4 percent, a figure achieved nationally as early as 1920. The distribution of women to men…

Farm Crisis in Kentucky: What Can We Do?

ERIC Educational Resources Information Center

Ilvento, Thomas W.; Christenson, James A.

1986-01-01

A new era of farming is evolving in Kentucky. Resulting primarily from the loss of medium-sized operations, there has been a decline in the total number of farms. The real value of farmland dropped 16% in Kentucky between 1981 and 1985. More farmers are seeking off-farm employment in order to continue family operations. Similarly, more farmers…

Courts and Kids: Pursuing Educational Equity through the State Courts

ERIC Educational Resources Information Center

Rebell, Michael A.

2009-01-01

Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in "Brown v. Board of Education". "Courts and Kids" is the first detailed analysis…

A Cooperative Career Education Project Involving the Fayette County Schools, Eastern Kentucky University, and Central Kentucky Vocational Region. Volume I. Final Report.

ERIC Educational Resources Information Center

Jenkins, John D.

The 3-year project was intended to provide for a systematic delivery of career development experiences within each of the three institutions involved--Fayette County Schools, Eastern Kentucky University, and the Central Kentucky Vocational Region--with central activity located in the Fayette County Schools. Major project themes centered on…

Kentucky and SREB

ERIC Educational Resources Information Center

Southern Regional Education Board (SREB), 2009

2009-01-01

The Southern Regional Education Board is a nonprofit organization that works collaboratively with Kentucky and 15 other member states to improve education at every level--from pre-K to postdoctoral study--through many effective programs and initiatives. SREB's "Challenge to Lead" Goals for Education, which call for the region to lead the…

Kentucky Information Dissemination System. Fall Dissemination Conference Follow-Up.

ERIC Educational Resources Information Center

Kentucky State Dept. of Education, Frankfort. Office of Communication Services.

Describing a state conference on information dissemination held in November 1979 in Frankfort, Kentucky, this report contains conference materials and evaluations of the mini-seminars and awareness sessions conducted there. Materials include a final agenda, seminar and roundabout topics, a description of the Kentucky Department of Education…

The Supreme Court Faces the Family.

ERIC Educational Resources Information Center

Clark, Homer H., Jr.

1982-01-01

Aspects of family law changed by the impact of constitutional doctrines are reviewed; included is discussion of marriage, divorce, child custody, parent/child relationships, and abortion and contraception. (MP)

The Supreme Court and Strip Searches

ERIC Educational Resources Information Center

Russo, Charles J.

2009-01-01

Maintaining a safe, orderly learning environment is a significant challenge for education leaders, especially when students insist on bringing alcohol, weapons, and drugs into schools. To compound that challenge, educators who wish to uncover contraband must do so within the confines of the Fourth Amendment's prohibition against unreasonable…

Selecting Supreme Court Justices: A Dialogue

ERIC Educational Resources Information Center

Landman, James H.

2006-01-01

The ABA Division for Public Education asked a panel of experts--Joyce Baugh, Mary Dudziak, Michael Gerhardt, Timothy Johnson, John Maltese, Mark Moller, Jason Roberts, Elliot Slotnick, and David Yalof--to respond to questions about the judicial nomination process. These questions touched on the balance between the president and the Senate, the…

Kentucky DOE EPSCoR Program

DOE Office of Scientific and Technical Information (OSTI.GOV)

Grulke, Eric; Stencel, John

2011-09-13

The KY DOE EPSCoR Program supports two research clusters. The Materials Cluster uses unique equipment and computational methods that involve research expertise at the University of Kentucky and University of Louisville. This team determines the physical, chemical and mechanical properties of nanostructured materials and examines the dominant mechanisms involved in the formation of new self-assembled nanostructures. State-of-the-art parallel computational methods and algorithms are used to overcome current limitations of processing that otherwise are restricted to small system sizes and short times. The team also focuses on developing and applying advanced microtechnology fabrication techniques and the application of microelectrornechanical systems (MEMS)more » for creating new materials, novel microdevices, and integrated microsensors. The second research cluster concentrates on High Energy and Nuclear Physics. lt connects research and educational activities at the University of Kentucky, Eastern Kentucky University and national DOE research laboratories. Its vision is to establish world-class research status dedicated to experimental and theoretical investigations in strong interaction physics. The research provides a forum, facilities, and support for scientists to interact and collaborate in subatomic physics research. The program enables increased student involvement in fundamental physics research through the establishment of graduate fellowships and collaborative work.« less

Implementation and Effects of LDC and MDC in Kentucky Districts. Policy Brief No. 13

ERIC Educational Resources Information Center

Herman, Joan; Epstein, Scott; Leon, Seth; Matrundola, Deborah La Torre; Reber, Sarah; Choi, Kilchan

2015-01-01

Kentucky has been a leader in the movement to more rigorous college and career ready standards to support their students' success in the 21st century. Kentucky was the first state to adopt new college and career ready standards (CCRS)--termed the Kentucky Core Academic Standards. Many of Kentucky's districts have moved proactively and…

Regionalization of harmonic-mean streamflows in Kentucky

USGS Publications Warehouse

Martin, Gary R.; Ruhl, Kevin J.

1993-01-01

Harmonic-mean streamflow (Qh), defined as the reciprocal of the arithmetic mean of the reciprocal daily streamflow values, was determined for selected stream sites in Kentucky. Daily mean discharges for the available period of record through the 1989 water year at 230 continuous record streamflow-gaging stations located in and adjacent to Kentucky were used in the analysis. Periods of record affected by regulation were identified and analyzed separately from periods of record unaffected by regulation. Record-extension procedures were applied to short-term stations to reducetime-sampling error and, thus, improve estimates of the long-term Qh. Techniques to estimate the Qh at ungaged stream sites in Kentucky were developed. A regression model relating Qh to total drainage area and streamflow-variability index was presented with example applications. The regression model has a standard error of estimate of 76 percent and a standard error of prediction of 78 percent.

In re Estate of Longeway.

PubMed

1989-11-13

The guardian of an incompetent patient appealed a lower court's decision dismissing the guardian's petition to withdraw artificially administered nutrition and hydration from the patient. The Illinois Supreme Court ruled that the guardian could exercise the right to refuse artificial nutrition and hydration on behalf of the patient under certain conditions. The patient must be terminally ill and diagnosed as irreversibly comatose. The patient's attending physician and two other consulting physicians must concur in this diagnosis. Also, a court order is required for the guardian to withdraw life support. The court further ruled that specific express intent is helpful in determining whether to withdraw artificial sustenance, but it is not necessary for exercising the guardian's substituted judgement. The Illinois Supreme Court reversed the lower court's dismissal and remanded the case for further proceedings.

Race to the Top - Early Learning Challenge: 2014 Annual Performance Report Kentucky

ERIC Educational Resources Information Center

Race to the Top - Early Learning Challenge, 2015

2015-01-01

This Race to the Top - Early Learning Challenge (RTT-ELC) annual performance report for the year 2014 describes Kentucky's accomplishments, lessons learned, challenges, and strategies Kentucky will implement to address those challenges. In December of 2013, Kentucky received notice that they would join 19 other States as a winner of the Race to…

Upcoming elections critical to reproductive and sexual health issues.

PubMed

Smith, W A

2000-01-01

In an overview of the actions undertaken in both the Congress and the Supreme Court related to sexual orientation and abortion, it is noted that the Republican leadership in both houses of Congress have taken up many of the most important spending bills. These include the bill to include abstinence-only-until-marriage funding and the bill to provide evaluation funding. In the context of the US Supreme Court, its decisions have been focused on abortion and sexual orientation. Overall, the activities by both the US Congress and US Supreme Court serve to underscore the importance of the upcoming elections in the US. Further explanation states that the balance of the Court, being so precarious on such important decisions about fundamental rights, serves to highlight the importance of the election. Moreover, the composition of the Congress will play an important role in whether or not the abstinence-only-until-marriage program survives or thrives.

Understanding the Federal Courts.

ERIC Educational Resources Information Center

Administrative Office of the United States Courts, Washington, DC.

This booklet discusses the workings of the federal courts and supports six law-related lesson plans. It is divided into the following sections: "The Constitution and the Federal Judiciary"; "The Federal Courts in American Government" ("The Federal Courts and Congress"; "The Federal Courts and the Executive…

76 FR 53142 - Kentucky; Major Disaster and Related Determinations

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-25

... Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total... declaration of a major disaster for the Commonwealth of Kentucky (FEMA-4008-DR), dated July 25, 2011, and...''), as follows: I have determined that the damage in certain areas of the Commonwealth of Kentucky...

The Implementation of Kentucky's School-Based Decision Making Program.

ERIC Educational Resources Information Center

Kentucky Univ., Lexington. Inst. on Education Reform.

This report describes what schools and educators across Kentucky are doing to implement school reform in school-based decision-making based on the Kentucky Education Reform Act of 1990 (KERA). The School-Based Decision Making (SBDM) component of KERA is a decentralized governance structure that vests great authority in SBDM councils operating at…

25 CFR 11.206 - Is the Court of Indian Offenses a court of record?

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Is the Court of Indian Offenses a court of record? 11.206 Section 11.206 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration § 11.206 Is the Court...

25 CFR 11.206 - Is the Court of Indian Offenses a court of record?

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Is the Court of Indian Offenses a court of record? 11.206 Section 11.206 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration § 11.206 Is the Court...

25 CFR 11.206 - Is the Court of Indian Offenses a court of record?

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Is the Court of Indian Offenses a court of record? 11.206 Section 11.206 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration § 11.206 Is the Court...

25 CFR 11.206 - Is the Court of Indian Offenses a court of record?

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Is the Court of Indian Offenses a court of record? 11.206 Section 11.206 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration § 11.206 Is the Court...

It's Up to Us! Broad Form Deeds in Kentucky.

ERIC Educational Resources Information Center

Zuercher, Melanie A., Ed.

This adult literacy curriculum best serves groups of students, but is also effective for one-on-one tutoring methods. The material covers the history of broad form deeds in Kentucky (instruments with which coal rights, but not the farmlands above the coal, were sold to mining companies) and includes four personal narratives of Kentucky residents…

Bill would establish pilot project for denturism in Kentucky.

PubMed

Campbell, C A

2000-04-01

HB 238 has been reported favorably to the floor of the House of Representatives by the Committee on Licensing and Occupations, but has not yet been acted upon by the full House. When asked whether he thought his legislation would be approved, Representative Burch said he thought the bill had a "50-50" chance of passing the Kentucky legislature this year. Sources within the Kentucky dental laboratory and dental communities disagree on the legislation's chances for passage. Some within the industry feel the legislation simply does not have enough votes to pass the General Assembly, primarily because of opposition from the Kentucky Dental Association. Others speculate that the bill has a better opportunity to be approved this year than it did in the previous years when it was introduced. The Kentucky General Assembly adjourns its session for the year 2000 on April 12, so there will be a quick answer to the question of whether HB 238 will be approved. The May issue of this column will provide details.

Maintenance paintings of various bridge projects during 2001-2002 : Kentucky Highway Investigative Task 42.

DOT National Transportation Integrated Search

2003-03-01

The Kentucky Transportation Center (KTC) at the University of Kentucky has performed a series of research studies for the Kentucky Transportation Cabinet (KYTC) to monitor various experimental bridge painting projects and conduct investigative work f...

Culliton v. Beth Israel Deaconess Medical Center.

PubMed

2001-01-01

Court Decision: 756 North Eastern Reporter, 2d Series 1133; 2001 Oct 12 (date of decision). The Supreme Judicial Court of Massachusetts ordered the defendant hospital to designate the plaintiffs as parents on the birth certificates of their genetic children, delivered at the defendant hospital by a gestational carrier. Steven and Marla Culliton entered into a gestational surrogacy agreement with Melissa Carroll to have embryos which were created by in vitro fertilization with the plaintiffs' own sperm and ova, implanted in the carrier. Before the children's births the plaintiffs requested a declaration of paternity and maternity and an order directing the hospital to enter the plaintiffs' names in the children's birth certificates. The Family Court dismissed the complaint, citing lack of authority to issue any prebirth order of parentage. On appeal, the Supreme Judicial Court held that the Family Court had the authority to consider the complaint because the plaintiffs were the only genetic sources of the children, and neither party contested the complaint. Because the children were born while the case was on appeal, the Supreme Judicial Court entered judgment for the plaintiffs and ordered that they be listed as the mother and father of the children on their birth records. The Supreme Judicial Court also held that the defendant hospital was still required to supply the state Department of Health with confidential information regarding the identity of the woman who delivered the children and "her prenatal health, labor and delivery, and postpartum care and condition" under the hospital's duties and responsibilities to report vital records information for research and public health purposes.

Small Claims Court.

ERIC Educational Resources Information Center

McKitric, Eloise; Davis, Janet

The study examined individuals and companies who used small claims courts and the results of decisions reached in small claims cases. A review of studies including an empirical study of two Ohio small claims courts monitored for 12 months made it clear that small claims courts need to be examined to determine if utilization and accessibility to…

Kentucky's Individualized Kindergartens: A State Network Design for Early Intervention.

ERIC Educational Resources Information Center

Bright, B.; Cansler, D. P.

The KIK (Kentucky Individualized Kindergartens) project, a collaborative project between Kentucky's Department of Education and the Chapel Hill (NC) Training-Outreach project, is designed to serve high risk children. KIK provides early identification of high risk kindergarteners, development of individualized education programs, and implementation…

77 FR 47062 - Kentucky Municipal Power Agency; Notice of Filing

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-07

... DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL12-94-000] Kentucky Municipal Power Agency; Notice of Filing Take notice that on July 30, 2012, Kentucky Municipal Power Agency filed a Proposed Revenue Requirement for reactive supply service under Midwest Independent Transmission...

77 FR 61595 - Kentucky Municipal Power Agency; Notice of Filing

Federal Register 2010, 2011, 2012, 2013, 2014

2012-10-10

... DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL13-3-000] Kentucky Municipal Power Agency; Notice of Filing Take notice that on October 1, 2012, Kentucky Municipal Power Agency filed its Revised and Superseding Proposed Revenue Requirement for reactive supply service under...

Quantification of the benefits of access management for Kentucky : final report.

DOT National Transportation Integrated Search

2006-07-01

This report describes the benefits quantification performed for the proposed access management plan for Kentucky. This study evaluates the capacity, safety and economic impacts associated with access management programs. The proposed Kentucky access ...

Genetic lineages of Salmonella enterica serovar Kentucky spreading in pet reptiles.

PubMed

Zając, Magdalena; Wasyl, Dariusz; Hoszowski, Andrzej; Le Hello, Simon; Szulowski, Krzysztof

2013-10-25

The purpose of the study was to define genetic diversity of reptilian Salmonella enterica serovar (S.) Kentucky isolates and their epidemiological relations to the ones from poultry, food, and environmental origin in Poland. Between 2010 and 2012 twenty-four S. Kentucky isolates derived from snakes (N=8), geckos (N=7), chameleons (N=4), agamas (N=1), lizard (N=1), and environmental swabs taken from reptile exhibition (N=3) were identified. They were characterized with antimicrobial minimal inhibitory concentration testing, XbaI-PFGE and MLST typing. The profiles compared to S. Kentucky available in BioNumerics local laboratory database (N=40) showed 67.3% of relatedness among reptile isolates. Three genetic lineages were defined. The first lineage gathered 20 reptile isolates with 83.4% of similarity and wild-type MICs for all antimicrobials tested but streptomycin in single case. The remaining three reptilian and one post-exhibition environment S. Kentucky isolates were clustered (87.2%) with isolates originating from poultry, mainly turkey, food, and environment and presented variable non-wild type MICs to numerous antimicrobials. The third S. Kentucky lineage was composed of two isolates from feed (96.3%). The results suggest diverse sources and independent routes of infection. Most of the isolates belonged to reptile-associated clones spread both horizontally and vertically. Simultaneously, PFGE profiles and MLST type indistinguishable from the ones observed in poultry point out carnivore reptiles as possible vector of infection with multidrug and high-level ciprofloxacin resistant (MIC≥8 mg/L) S. Kentucky. Public awareness and education are required to prevent potential reptile-associated S. Kentucky infections in humans. Copyright © 2013 Elsevier B.V. All rights reserved.

Caps on malpractice awards: update.

PubMed

Allen, B L; Fischer, J E

1999-06-01

Tort reform for professional liability is in the best interests of not only all physicians, but for industry and the citizenry as a whole. The enormous sums of money donated by the Trial Lawyers Association, whose livelihood is at stake, makes initial passage of tort reform difficult and, once passed, brings it under constant attack. Even if a well-disposed legislature passes a professional liability law, state supreme courts are ever ready to invalidate such laws. Thus, once tort reform has been passed, the next battleground is the state supreme court. ACS chapters should be preparing their membership for educating the public as well as themselves as to the danger of a state supreme court comprised of members opposed to tort reform, and be prepared to help the election of those individuals who are more sympathetic to tort reform.

Master Plan: Lake Barkley, Cumberland River, Kentucky - Tennessee.

DTIC Science & Technology

1983-01-01

VASE 2 LOISVLLE7, DIXON GPM INGTAt PARK 28 PT. MA6AC STT PARR-*BCOLUMBUS BELMONT BATTLE ST PARK 10 REELFOOT LAKE STATV P-’ t ELYFREST STATE PAP, 01.6T...Plan: Lake garkley,Cumberland River, 3 Kentucky - Tennessee. Master Plan Update. 6. PERFORMING ORG. REPORT NUMBER 7- AUTHOR(s) 8. CONTRACT OR GRANT...block number) Lake Barkley, Kentucky. Interpretative programs. Cumberland River Recreation. Land Between the Lakes . Master Plan. 20. ABSTRACT (Continue

78 FR 43709 - Affirmatively Furthering Fair Housing

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-19

..., particularly as reflected in racially and ethnically concentrated areas of poverty. The United States Supreme.... In furtherance of the Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581(1999), and pursuant...

School Law.

ERIC Educational Resources Information Center

Splitt, David A.

1986-01-01

Reviews four recent court decisions affecting school law. A Circuit Court of Appeals ruling upheld Norfolk Schools' decision to abolish busing and reinstate neighborhood schools. The United States Supreme Court dismissed appeals to lower court decisions involving a minimum grade prerequisite, a teacher's privacy rights, and an "adult"…

30 CFR 917.15 - Approval of Kentucky regulatory program amendments.

Code of Federal Regulations, 2010 CFR

2010-07-01

... amendments. 917.15 Section 917.15 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE KENTUCKY... Production After Mining;” “Estimated Crop Yields on Prime Farmland Soils in Western Kentucky Coalfields...

30 CFR 917.15 - Approval of Kentucky regulatory program amendments.

Code of Federal Regulations, 2012 CFR

2012-07-01

... amendments. 917.15 Section 917.15 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE KENTUCKY... Production After Mining;” “Estimated Crop Yields on Prime Farmland Soils in Western Kentucky Coalfields...

30 CFR 917.15 - Approval of Kentucky regulatory program amendments.

Code of Federal Regulations, 2011 CFR

2011-07-01

... amendments. 917.15 Section 917.15 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE KENTUCKY... Production After Mining;” “Estimated Crop Yields on Prime Farmland Soils in Western Kentucky Coalfields...

30 CFR 917.15 - Approval of Kentucky regulatory program amendments.

Code of Federal Regulations, 2014 CFR

2014-07-01

... amendments. 917.15 Section 917.15 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE KENTUCKY... Production After Mining;” “Estimated Crop Yields on Prime Farmland Soils in Western Kentucky Coalfields...

30 CFR 917.15 - Approval of Kentucky regulatory program amendments.

Code of Federal Regulations, 2013 CFR

2013-07-01

... amendments. 917.15 Section 917.15 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE KENTUCKY... Production After Mining;” “Estimated Crop Yields on Prime Farmland Soils in Western Kentucky Coalfields...

Dual-Credit in Kentucky

ERIC Educational Resources Information Center

Stephenson, Lisa G.

2013-01-01

Credit-based transition programs provide high school students with opportunities to jump start their college education. The Kentucky Community and Technical College System (KCTCS) offers college credit through dual-credit programs. While KCTCS dual-credit offerings have been successful in helping high school students start their college education…

Use of Hearsay in Military Commissions

DTIC Science & Technology

2012-05-20

As explained by William Winthrop, whom the Supreme Court has dubbed the " Blackstone of Military Law," such commissions have fimctioned essentially...explained by William Winthrop, whom the Supreme Court has dubbed the “ Blackstone of Military Law,” 4 such commissions have functioned essentially as...enjoy the right . . . to be confronted with the witnesses against him.”). 43 See 3 WILLIAM BLACKSTONE , COMMENTARIES ON THE LAWS OF ENGLAND 373-74 (1768

Pharmacies' Duty to Dispense Emergency Contraception: A Discussion of Religious Liberty.

PubMed

Yang, Y Tony; Sawicki, Nadia N

2017-03-01

In a recent battle between reproductive rights and religious freedom, the U.S. Supreme Court, by a five to three vote, declined to review an appeal in Stormans, Inc v Wiesman, a case brought by a Washington state pharmacy owner and two pharmacists who held religious objections to emergency contraception. These petitioners brought a constitutional challenge to Washington state regulations that required pharmacies to dispense all lawfully prescribed pharmaceuticals. In 2015, the Ninth Circuit Court of Appeals ruled that these regulations did not violate the Constitution. The Ninth Circuit confirmed that pharmacies must comply with state regulations requiring access to drugs even if the owners of the pharmacies hold religious objections to the provision of certain types of drugs-here, emergency contraception. The pharmacy owners appealed this ruling, and in 2016, the Supreme Court declined to review the case, effectively leaving the lower court ruling in place. This article analyzes the Stormans case, the difference between it and a seemingly similar case regarding contraceptive access decided by the Supreme Court in 2014, the effects of the Stormans ruling on emergency contraception access in Washington state as well as the ruling's potential implications for public health.

Geologic mapping of Kentucky; a history and evaluation of the Kentucky Geological Survey--U.S. Geological Survey Mapping Program, 1960-1978

USGS Publications Warehouse

Cressman, Earle Rupert; Noger, Martin C.

1981-01-01

In 1960, the U.S. Geological Survey and the Kentucky Geological Survey began a program to map the State geologically at a scale of 1:24,000 and to publish the maps as 707 U.S. Geological Survey Geologic Quadrangle Maps. Fieldwork was completed by the spring of 1977, and all maps were published by December 1978. Geologic mapping of the State was proposed by the Kentucky Society of Professional Engineers in 1959. Wallace W. Hagan, Director and State Geologist of the Kentucky Geological Survey, and Preston McGrain, Assistant State Geologist, promoted support for the proposal among organizations such as Chambers of Commerce, industrial associations, professional societies, and among members of the State government. It was also arranged for the U.S. Geological Survey to supply mapping personnel and to publish the maps; the cost would be shared equally by the two organizations. Members of the U.S. Geological Survey assigned to the program were organized as the Branch of Kentucky Geology. Branch headquarters, including an editorial staff, was at Lexington, Ky., but actual mapping was conducted from 18 field offices distributed throughout the State. The Publications Division of the U.S. Geological Survey established a cartographic office at Lexington to prepare the maps for publication. About 260 people, including more than 200 professionals, were assigned to the Branch of Kentucky Geology by the U.S. Geological Survey at one time or another. The most geologists assigned any one year was 61. To complete the mapping and ancillary studies, 661 professional man-years were required, compared with an original estimate of 600 man-years. A wide variety of field methods were used, but most geologists relied on the surveying altimeter to obtain elevations. Surface data were supplemented by drill-hole records, and several dozen shallow diamond-drill holes were drilled to aid the mapping. Geologists generally scribed their own maps, with a consequent saving of publication costs

From the lab bench: Overcoming limitations of bermudagrass in Kentucky

USDA-ARS?s Scientific Manuscript database

A column was written on the advantages and disadvantages of utilizing bermudagrass as a pasture forage in Kentucky. Bermudagrass is a warm-season perennial with a short growth distribution in Kentucky - May to the first light freeze. There is concern about sensitivity of the subtropical grass to c...

Water resources activities in Kentucky, 1993-94

USGS Publications Warehouse

Maglothin, L. S.; Forbes, R.W.

1994-01-01

The U.S. Geological Survey (USGS) is the principal Federal water-resources data collection and investigation agency. Through the Water Resources Division District Office in Kentucky, the USGS investigates the occurrence, distribution, quantity, movement, and chemical and biological quality of surface and ground water in the State. The mission of this program is to collect, interpret, and publish information on water resources. Almost all research and data collection is a cooperative effort in which planning and financial support are shared by State and local agencies and governments. Other activities are funded by other Federal agencies or by direct Congressional appropriation. This report is intended to inform the public and cooperating agencies, vitally interested in the water resources of Kentucky, as to the current status of the Distfict's data collection and investigation program. Included in the report are summaries of water-resources activities in Kentucky conducted by the USGS. Also included is a description of the USGS mission and program, District organization, funding sources and cooperating agencies, and a list of USGS publications relevant to the water resources of the State.

Kentucky's Automotive Certification Program.

ERIC Educational Resources Information Center

Kentucky State Dept. of Education, Frankfort. Office of Vocational Education.

The state of Kentucky recognized a need to standardize automotive mechanics training throughout the state and to establish minimum guidelines for the quality of instruction in such programs. To meet these needs, the Office of Vocational Education selected the National Institute for Automotive Service Excellence (ASE) and began the certification…

Planning for court monitoring

DOT National Transportation Integrated Search

1987-03-01

Court monitoring is a planned approach to studying the handling of DWI offenders, from arrest through sentencing, either through actually observing court hearings or by reviewing case outcomes in court files. The booklet is designed to help groups in...

Superintendent Turnover in Kentucky. Issues & Answers. REL 2011-No. 113

ERIC Educational Resources Information Center

Johnson, Jerry; Huffman, Tyler; Madden, Karen; Shope, Shane

2011-01-01

This study examines superintendent turnover in Kentucky public school districts for 1998/99-2007/08, looking at how turnover varies by rural status, Appalachian and non-Appalachian region, and 2007/08 school district characteristics. Key findings include: (1) Kentucky school districts averaged one superintendent turnover during 1998/99-2007/08;…

Kentucky highway user survey 2004.

DOT National Transportation Integrated Search

2004-06-01

The purpose of this study was to continue the efforts begun in 1997 to monitor Kentucky public opinion regarding the quality of highway systems, including a portion to measure satisfaction with current drivers license and registration renewal proc...