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)

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

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…

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…

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)

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…

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)

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.

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.

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…

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…

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…

The U.S. Supreme Court's Philadelphia Decade.

ERIC Educational Resources Information Center

Stivison, David V.

Before Washington, D.C. became the permanent home of the United States Supreme Court, first New York and then Philadelphia hosted its meetings. From 1791 to 1801 the Court met in Philadelphia. This paper reviews the highlights of the Court's cases during this formative decade. Among the most important developments in the Court's jurisprudence at…

Perceived Masculinity Predicts U.S. Supreme Court Outcomes.

PubMed

Chen, Daniel; Halberstam, Yosh; Yu, Alan C L

2016-01-01

Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer's speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States.

Perceived Masculinity Predicts U.S. Supreme Court Outcomes

PubMed Central

2016-01-01

Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer’s speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States. PMID:27737008

"United State v. Fordice": Mississippi Higher Education without Public Historically Black Colleges and Universities

ERIC Educational Resources Information Center

Lee, John Michael, Jr.

2010-01-01

The "United States v. Fordice" was decided in the United States Supreme Court in 1992, and it represents the most recent ruling on desegregation for those states that have historically maintained racially segregated systems of higher education. This study raises the question of what would Mississippi higher education be without public…

"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…

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…

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…

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…

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 State's Case

ERIC Educational Resources Information Center

Calhoun, John W.

1972-01-01

Author is Assistant Attorney General in Wisconsin and represented the state in the Wisconsin vs. Yoder case. Cites other cases and decisions handed down by the United States Supreme Court in relation to compulsory education. (RB)

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…

"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…

31 CFR 501.704 - Appearance and practice.

Code of Federal Regulations, 2010 CFR

2010-07-01

... to practice before the Supreme Court of the United States, the highest court of any State... limiting the scope of representation or disqualifying an individual from appearing in a representative...

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.

United States v. Lopez and the Demise of the Gun-Free School Zones Act: Legislative Over-Reaching or Judicial Nit-Picking?

ERIC Educational Resources Information Center

Russo, Charles J.

1995-01-01

In "United States v.Lopez," a highly fractured United States Supreme Court, in a five-to-four ruling that generated six different opinions, affirmed that Congress had exceeded its authority in adopting the Gun-Free School Zones Act. Provides an in-depth examination of the Court's ruling and concludes with an analysis of the legal issues…

The Southern Manifesto: Massive Resistance, Growth Liberalism, and the Interpretation of "Brown II"

ERIC Educational Resources Information Center

Day, John Kyle

2016-01-01

The United States Congress' Southern Congressional Delegation promulgated the Declaration of Constitutional Principles, popularly known as the Southern Manifesto, on March 12, 1956. The Southern Manifesto was the South's primary means to effectively delay implementation of public school desegregation as ordered by the United States Supreme Court…

Discriminatory Religious Schools and Tax Exempt Status. Clearinghouse Publication 75.

ERIC Educational Resources Information Center

Chou, Donald; And Others

In light of two cases soon to be decided by the U.S. Supreme Court--"Bob Jones University v. United States" and "Goldsboro Christian Schools, Inc. v. United States"--this monograph discusses the issue of freedom of religion and racially discriminatory private religious schools. After noting the statutory basis of tax-exempt…

KQED: A Case Study in Confusion.

ERIC Educational Resources Information Center

Huttenstine, Marian L.; Hamner, Claire

The United States Supreme Court's ruling in the "Houchins v KQED" case exemplifies the confusion of that court concerning any consistent view of the First Amendment of the United States Constitution, especially in terms of newsgathering and prior restraint. In this case, the Court reversed a lower court's decision that had held invalid a…

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.

[Recent case law about the right to die].

PubMed

Bascuñán R, Antonio

2016-04-01

This paper reviews the sentences dictated between 1993 and 2002 by the Supreme Courts of Canada and the Unites States, the House of Lords and Supreme Court of the United Kingdom and the European Human Rights Court, about the validity of the legal prohibition of assistance for suicide. These sentences constituted a judicial consensus about the right to die. This consensus recognized the legal right of patients to reject medical treatments but did not recognize the right to be assisted by a physician to commit suicide. This exclusion is changing in the recent case law of Canada and the United Kingdom, which accepts the fundamental right of terminal patients to medically assisted suicide.

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.

"Los Papeles No Trabajan": The Papers Don't Do the Work

ERIC Educational Resources Information Center

Hones, Donald; Cifuentes, Persida

2012-01-01

Schools across the United States serve children from families that have crossed the U.S. border without documents. Some of these children have crossed the border themselves. For teachers and other educators, the Supreme Court decision of "Plyler v. Doe" (1982) has set the precedent that all children in the United States are entitled to a…

Effectiveness of forestry BMPS for stream crossing sediment reduction using rainfall simulation

Treesearch

Brian C. Morris; M. Chad Bolding; W. Michael Aust

2015-01-01

Recent decisions by the United States Supreme Court and United States Environmental Protection Agency (EPA) have re-emphasized the importance of forestry best management practices (BMPs) at stream crossings. Stream crossings are potential major sources of sediment due to their direct connectivity between the potential erosion source and the stream, which eliminates...

Importance of Carolina Bays to the Avifauna of Pinelands in the Southeastern United States

Treesearch

Stephen Czapka; John Kilgo

2011-01-01

Past anthropogenic activity has led to the destruction or alteration of Carolina bay wetlands throughout the southeastern United States. Presently, urban development, combined with a 2001 ruling by the US Supreme Court relaxing protection of isolated wetlands, poses an increasing threat to these and other isolated wetland systems; however, little information exists on...

Multicultural Educational Experiences in Rural Education Programs. Lessons from Early Childhood Programs

ERIC Educational Resources Information Center

Nganga, Lydiah; Kambutu, John

2005-01-01

Background: Public schools in the United States are still segregated along cultural and racial lines 50 years after the 1954 Supreme Court's ruling. For example, Orfield and Lee, 2004; and Orfield, 2001) indicated that White student in the United States attended schools that were 80 percent White. Ethnic minority children (children of color),…

Commentary on the United States v. Fordice: An Analysis of Desegregation in Mississippi Higher Education.

ERIC Educational Resources Information Center

Brown, M. Christopher, II; Jackson-Fobbs, Shelia

This paper examines the historical background leading to the Supreme Court case of United States vs. Fordice concerning the issue of desegregation in Mississippi's higher education system. The paper focuses on the problems this decision raised regarding eight public colleges that had enrollments and mission statements classifying them as either…

Definition of spouse under the Family and Medical Leave Act. Final rule.

PubMed

2015-02-25

The Department of Labor's (Department) Wage and Hour Division (WHD) revises the regulation defining "spouse" under the Family and Medical Leave Act of 1993 (FMLA or the Act) in light of the United States Supreme Court's decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional.

Christ-Centered, Diverse, and Academically Excellent: The Origins of a Possible Model for Christian Schooling in the Twenty-First Century

ERIC Educational Resources Information Center

Green, James

2006-01-01

During the last third of the twentieth century, Christian schooling in the United States was typically identified with the growing conservative, evangelical Protestant movement of that time period. After several United States Supreme Court cases had effectively secularized public schooling by the mid-1960s, the American educational landscape was…

Summary of technical testimony in the Colorado Water Division 1 Trial

Treesearch

Nancy (Tech. Coord.) Gordon

1995-01-01

The Colorado Water Division 1 Water Rights Trial was one of the most significant federal reserved instream flow water rights cases to occur since the Supreme Court of the United States ruled in the case of United States v. New Mexico in 1978. This document summarize the large amount of technical data and information pertaining to the disciplines of geomorphology,...

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…

Finance.

ERIC Educational Resources Information Center

MacPhail-Wilcox, Bettye; Beezer, Bruce

In 1988, there were two United States Supreme Court decisions regarding school finance. One decision upheld the constitutionality of a North Dakota statute regarding transportation fees, and the other decision ruled that interest from state and local government bearer bonds was subject to federal income taxation. Cases discussed in this chapter…

Negligence in Defamation before "Gertz."

ERIC Educational Resources Information Center

Stevens, George E.

1979-01-01

Discusses negligence in defamation cases before the United States Supreme Court's decision in "Gertz v Robert Welch, Inc."; shows that courts have varied in what actions by reporters and editors they have considered negligent. (GT)

Firearms and health: the right to be armed with accurate information about the Second Amendment.

PubMed Central

Vernick, J S; Teret, S P

1993-01-01

An organized campaign by groups such as the National Rifle Association has sought to convince policymakers and others that the Second Amendment to the US Constitution grants an unfettered right to individuals to possess any firearm, free from federal or state regulation. Although advocates may debate the meaning that should be given to the Second Amendment, under the American legal system the meaning of any particular constitutional provision is determined by the controlling precedent of Supreme Court cases. Two cases, Presser v Illinois and United States v Miller, remain the Supreme Court's latest word on the meaning of the Second Amendment. In Presser, the Court held that the Second Amendment is applicable only to federal, not state, laws. In Miller and subsequent federal cases, any Second Amendment "right" to bear arms is closely linked to the preservation of state militias, upholding a variety of federal gun legislation. Unless the Supreme Court modifies or reverses its Presser and Miller decisions, health advocates should understand that the Second Amendment poses no obstacle to even broad gun control legislation. PMID:8259817

Free Speech Yearbook 1980.

ERIC Educational Resources Information Center

Kane, Peter E., Ed.

The 11 articles in this collection deal with theoretical and practical freedom of speech issues. The topics covered are (1) the United States Supreme Court and communication theory; (2) truth, knowledge, and a democratic respect for diversity; (3) denial of freedom of speech in Jock Yablonski's campaign for the presidency of the United Mine…

Liability and Remedies for School Segregation in the United States and the European Union. Working Paper #44

ERIC Educational Resources Information Center

Bowman, Kristi; Nantl, Jiri

2014-01-01

In 1954, the United States Supreme Court decided "Brown v. Board of Education," a case that is known throughout the US and around the world for its strong statements about equality and about the importance of education. The years since the "Brown" decision have been filled with many changes in US law and society. From the…

Supreme Court of the United States. Southeastern Community College v. Davis. Certiorari to the United States Court of Appeals for the Fourth Circuit.

ERIC Educational Resources Information Center

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

A suit was brought by Frances B. Davis against Southeastern Community College, which had denied her admission to its nursing program because of her serious hearing disability. (An audiologist's report indicated that she cannot understand speech directed to her except by lipreading.) She alleged that this denial constituted a violation of section…

Drug Testing. Research Brief

ERIC Educational Resources Information Center

Walker, Karen

2007-01-01

In 2002, the United States Supreme Court confirmed that in the school's role of in loco parentis, drug testing of students who were involved in athletics and extracurricular activities was constitutional. In a state of the union address, George W. Bush stated that drug testing in schools had been effective and was part of "our aggressive…

29 CFR 785.7 - Judicial construction.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 29 Labor 3 2014-07-01 2014-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated that...

29 CFR 785.7 - Judicial construction.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 29 Labor 3 2013-07-01 2013-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated that...

29 CFR 785.7 - Judicial construction.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 29 Labor 3 2012-07-01 2012-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated that...

Future Tuition Tax Credit Legislation.

ERIC Educational Resources Information Center

Wood, R. Craig

1983-01-01

Analyzing the United States Supreme Court decision in "Mueller v. Allen" declaring that certain forms of tuition tax credit are not unconstitutional, the author points out that school administrators should monitor legislative activities and be active in state policymaking or the future may hold larger tax credits and direct financial…

Naming the Rape Victim.

ERIC Educational Resources Information Center

Clay, Nolan

Since state laws prohibiting identification of rape victims were struck down in a 1975 United States Supreme Court ruling, the media have been reconsidering their traditional policy of preserving victims' anonymity. Explaining their decision to begin naming victims in rape trials, several newspapers cite the press's responsibility to provide the…

An Analysis of First Amendment Jurisprudence on the Supreme Court Case of Locke v. Davey

ERIC Educational Resources Information Center

Herzog, Alexander John

2010-01-01

Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

78 FR 57783 - Implementation of United States v. Windsor

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-20

... ``spouse'' referred only to a person of the opposite sex who is a husband or a wife. The U.S. Supreme Court.... The FRTIB anticipates conflicting state laws. For example, a same- sex couple might get married in a state that permits same-sex marriage and then move to a state that does not recognize same-sex marriages...

School Law.

ERIC Educational Resources Information Center

Splitt, David A.

1987-01-01

The United States Supreme Court upheld a California state law requiring employers to allow a pregnant woman up to four months of unpaid maternity leave if she claims pregnancy as a disability. A bill before Congress addresses parental leave and job protection for parents caring for a new baby or a sick child. (MLH)

Litigation and School Finance: A Cautionary Tale

ERIC Educational Resources Information Center

Russo, Charles J.

2010-01-01

Beginning in the early 1970s, plaintiffs initiated a veritable tidal wave of litigation over financing public education in states with unequal funding for students in poor school systems. In the only case on school finance to reach the United States Supreme Court, "San Antonio Independent School District v. Rodriguez" (1973), the…

Educating Homeless Children

ERIC Educational Resources Information Center

Techniques: Connecting Education and Careers, 2004

2004-01-01

In 1954, the United States Supreme Court, in a landmark decision known as Brown v. Board of Education, said, "Today education is perhaps the most important function of state and local governments...it is the principal instrument in awakening the child to cultural values and preparing him for later professional training and in helping him to…

Protecting Student Press Freedom by State Law: The Experience in California.

ERIC Educational Resources Information Center

Overbeck, Wayne

Following "Tinker vs. Des Moines Community School District," the United States Supreme Court decision that assured First Amendment rights to secondary school students and teachers, California began experimenting with statutory guarantees of free expression for students at the high school and community college levels. Decisions issued by…

Recent developments in the health care area.

PubMed

Harper, T D; Berg, R N

1980-09-01

Of late, there have been several court decisions of significance in the United States in the health care area. In 1 case the Supreme Court was faced with the question of whether or not states were required to fund abortions under the Medicaid program. In a 2nd case, a lower court was required to determine whether a Professional Standards Review Organization (PSRO) was a federal agency subject to the disclosure requirements of the federal Freedom of Information Act. Both of these issues are discussed. The Supreme Court authoritatively and conclusively established that a woman has no constitutional right to a state or federally funded abortion and with this ruling resolved several contrary lower court decisions and extended Congressional power to limit the expenditure of federal funds. Congress has established by a funding exclusion commonly referred to as the "Hyde Amendment," a limitation upon the expenditure of federally appropriated funds provided pursuant to Title 19 of the Social Security Act (Medicaid). A United States District Court in Georgia held that this exclusion was not to affect a state's duty to fund abortions deemed to be "medically necessary." A United States District Court in New York held the Hyde Amendment to be unconstitutional for failing to require funding of abortions that were deemed medically necessary. Contrary to the Georgia Court's ruling, the Supreme Court determined that the Medicaid program provides no unilateral funding obligation for a state which chooses to participate in the system. Contrary to the New York Court's ruling, the Sumpreme Court concluded that the Hyde Amendment is not constitutionally deficient. The Supreme Court determined that the limitation of abortion funding does not constitute a violation of the Establishment Clause of the 1st Amendment and that the limitation upon funding does not constitute a violation of the Equal Protection Clause of the 14th Amendment. The District Court in the District of Columbia determined that the PSRO was clothed with "indicia of agency status" and thus was an "agency" within the meaning of the Freedom of Information Act. This decision resulted in a furor among the numerous PSROs and among the persons and institutions providing information and records to those entitites. Recently, the District Court for the Eastern District of Pennsylvania refused to find that a PSRO was an "agency" within the meaning of the FOI Act.

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…

Brief for the United States as Amicus Curiae Supporting Petitioner. On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit. Barbara Grutter, Petitioner, v. Lee Bollinger, et al. In the Supreme Court of the United States.

ERIC Educational Resources Information Center

United States Supreme Court, Washington, DC.

This legal document examines whether the University of Michigan Law School's use of racial preferences in student admissions violates the Equal Protection Clause of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. seq.), or 42 U.S.C. 1981. This brief filed by the federal government in support of the…

75 FR 53643 - Examination Guidelines Update: Developments in the Obviousness Inquiry After KSR v.Teleflex

Federal Register 2010, 2011, 2012, 2013, 2014

2010-09-01

...The United States Patent and Trademark Office (USPTO or Office) is issuing an update (2010 KSR Guidelines Update) to its obviousness guidelines for its personnel to be used when applying the law of obviousness under 35 U.S.C. 103. This 2010 KSR Guidelines Update highlights case law developments on obviousness under 35 U.S.C. 103 since the 2007 decision by the United States Supreme Court (Supreme Court) in KSR Int'l Co. v. Teleflex Inc. These guidelines are intended to be used by Office personnel in conjunction with the guidance in the Manual of Patent Examining Procedure when applying the law of obviousness under 35 U.S.C. 103. Members of the public are invited to provide comments on the 2010 KSR Guidelines Update. The Office is especially interested in receiving suggestions of recent decisional law in the field of obviousness that would have particular value as teaching tools.

The Impact of "Gertz": How the States Have Defined the Standard of Liability for the Private Libel Plaintiff.

ERIC Educational Resources Information Center

Stonecipher, Harry W.; Trager, Robert

In the landmark "Gertz" decision, the United States Supreme Court held that, in the interest of protecting libel plaintiffs, the states under certain conditions could define for themselves the appropriate standard of liability for a publisher or broadcaster of defamatory falsehoods. This paper explores several applications of the…

Teaching the Movement: The State of Civil Rights Education in the United States 2011

ERIC Educational Resources Information Center

Shuster, Kate

2011-01-01

The National Assessment of Educational Progress--commonly called "The Nation's Report Card"--tells a dismal story: Only 2% of high school seniors in 2010 could answer a simple question about the U.S. Supreme Court's landmark "Brown v. Board of Education" decision. And it's no surprise. Across the country, state educational…

Minnesota in the Supreme Court. Lessons on Supreme Court Cases Involving Minnesotans.

ERIC Educational Resources Information Center

Bloom, Jennifer

This document focuses on cases brought by Minnesotans to the U.S. Supreme Court. The five lessons featured are designed to provide secondary classroom teachers with material needed to teach each unit. Lessons cover Supreme Court proceedings, free press issues, freedom of religion, abortion rights, and privilege against self-incrimination.…

Announcement of ruling: implementing United States v.Windsor for purposes of entitlement and enrollment in Medicare hospital insurance and supplementary medical insurance. Notice of CMS ruling.

PubMed

2015-02-13

This document announces a CMS Ruling that states the CMS policies for implementing United States v. Windsor ("Windsor''), in which the Supreme Court held that section 3 of the Defense of Marriage Act (DOMA), enacted in 1996, is unconstitutional. Section 3 of DOMA defined ``marriage'' and "spouse'' as excluding same-sex marriages and same-sex spouses, and effectively precluded the Federal government from recognizing same-sex marriages and spouses.

Expressing the sense of the House of Representatives that the Justices of the United States Supreme Court should make themselves subject to the existing and operative ethics guidelines set out in the Code of Conduct for United States Judges, most of which are already legally binding on them.

THOMAS, 113th Congress

Rep. Norton, Eleanor Holmes [D-DC-At Large

2013-10-10

House - 01/09/2014 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:

The Mississippi Choctaw: A Case Study of Intercultural Games.

ERIC Educational Resources Information Center

Hill, L. Brooks; Lujan, Philip

1983-01-01

Examines the Smith John case--in which the United States Supreme Court secured official recognition of the Mississippi Band of Choctaw as a tribe--as an example of "rhetorical games" used by different cultural groups to manipulate each other. Suggests alternative rhetorical strategies that would benefit the state and the Mississippi…

The extent and expected condition of isolated wetlands in the southeastern and mid-Atlantic states, USA

EPA Science Inventory

In the wake of two United States (US) Supreme Court decisions in the past decade, federal protection for isolated wetlands (i.e., those completely surrounded by uplands) has been severely curtailed. However, the extent of the resource impacted and thus the implications for the c...

The Religious Student in Public Education: Resolving a Constitutional Dilemma.

ERIC Educational Resources Information Center

Toms, Robert L.; Whitehead, John W.

1978-01-01

Author contends that student religious clubs have a constitutional right to exist in the public schools, because such meetings are within the scope of the First and Fourteenth Amendments of the United States Constitution. Landmark Supreme Court church-state decisions are cited. Available from Emory University School of Law, 1722 North Decatur…

Haunting Echoes of the Last Round-Up: "9066" Revisited.

ERIC Educational Resources Information Center

Trager, James G.

1980-01-01

Discusses the discrimination against and internment of Japanese Americans during World War II, and reminds readers that Congress and the Supreme Court approved the mass discriminatory action. Draws a parallel to current discrimination against Iranians in the United States. (GC)

Brief of Amici Curiae Columbia University, Cornell University, Georgetown University, Rice University, and Vanderbilt University in Support of Respondents. In the Supreme Court of the United States, Barbara Grutter, Petitioner, v. Lee Bollinger, et al., Respondents. Jennifer Gratz and Patrick Hamacher, Petitioners, v. Lee Bollinger, et al., Respondents on Writs of Certiorari to the United States Court of Appeals for the Sixth Circuit.

ERIC Educational Resources Information Center

United States Supreme Court, Washington, DC.

This legal document asserts that the judgement of the United States Court of Appeals for the Sixth Circuit in Grutter v. Bollinger (No. 02-241) and the order of the United States District Court for the Eastern District of Michigan in Gratz v. Bollinger (No. 02-516) should be affirmed. This brief, filed by five highly selective private universities…

25 CFR 32.3 - Mission statement.

Code of Federal Regulations, 2013 CFR

2013-04-01

...-government relationship of Indian Tribes and Alaska Native villages with the Federal Government as affirmed by the United States Constitution, U.S. Supreme Court decisions, treaties, Federal statutes, and... responsibility and goal of the Federal government to provide comprehensive education programs and services for...

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"…

Chargeability after "Lehnert."

ERIC Educational Resources Information Center

Bryant, David T.

1993-01-01

Contends that the United States Supreme Court ruling in "Lehnert v. Ferris Faculty Association" leaves unanswered many questions as to what activities of exclusive collective-bargaining representatives are and are not chargeable to dissenting nonmembers of the organization. Reviews past precedent and forecasts further court litigation.…

Recent Advances for LGBT Astronomers in the United States

NASA Astrophysics Data System (ADS)

Dixon, William V.; Rigby, Jane; Oppenheimer, Rebecca

2015-08-01

The legal environment for lesbian, gay, bisexual, and transgender (LGBT) astronomers in the United States has changed dramatically in recent years. In 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA), which had barred the federal government from recognizing same-sex marriages, was unconstitutional. This decision particularly affects astronomers, since astronomers in the U.S. 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 2014, the Attorney General directed the Department of Justice to take the position in litigation that the protection of Title VII of the Civil Rights Act of 1964 extends to claims of discrimination based on an individual’s gender identity, including transgender status. Title VII makes it unlawful for employers to discriminate in the employment of an individual “because of such individual’s... sex,” among other protected characteristics. As of March 2015, more than 70% of the population lives in states that recognize same-sex marriage, and the Supreme Court is expected to rule on the constitutionality of the remaining same-sex marriage bans during the current term. In this poster, we discuss these advances and their implications for the personal and professional lives of LGBT astronomers across the United States.

You Should Have the Body: Understanding Habeas Corpus

ERIC Educational Resources Information Center

Landman, James

2008-01-01

English legal commentator William Blackstone described the writ of habeas corpus as a second Magna Carta, and Supreme Court Chief Justice John Marshall called it the "great writ." It has been part of the Anglo-American common law tradition since the Middle Ages. In the United States, it has been a source of tension between state and…

Public Financing of Religious Schools: Justice Clarence Thomas's "Bigotry Thesis"

ERIC Educational Resources Information Center

Alexander, Kern

2008-01-01

United States Supreme Court Justice Clarence Thomas, writing for a plurality of the Court in "Mitchell v. Helms" in 2000, advanced the idea that state constitutional prohibitions against public funding of religious schools were manifestations of anti-Catholic bigotry in the late 19th century. Thomas's reading of history and law led him to believe…

43 CFR 9239.0-8 - Measure of damage.

Code of Federal Regulations, 2012 CFR

2012-10-01

..., DEPARTMENT OF THE INTERIOR TECHNICAL SERVICES (9000) TRESPASS Kinds of Trespass § 9239.0-8 Measure of damage... other trespass in accordance with the decision of the Supreme Court of the United States in the case of... by the laws of the State in which the trespass is committed, unless by Federal law a different rule...

43 CFR 9239.0-8 - Measure of damage.

Code of Federal Regulations, 2013 CFR

2013-10-01

..., DEPARTMENT OF THE INTERIOR TECHNICAL SERVICES (9000) TRESPASS Kinds of Trespass § 9239.0-8 Measure of damage... other trespass in accordance with the decision of the Supreme Court of the United States in the case of... by the laws of the State in which the trespass is committed, unless by Federal law a different rule...

43 CFR 9239.0-8 - Measure of damage.

Code of Federal Regulations, 2011 CFR

2011-10-01

..., DEPARTMENT OF THE INTERIOR TECHNICAL SERVICES (9000) TRESPASS Kinds of Trespass § 9239.0-8 Measure of damage... other trespass in accordance with the decision of the Supreme Court of the United States in the case of... by the laws of the State in which the trespass is committed, unless by Federal law a different rule...

43 CFR 9239.0-8 - Measure of damage.

Code of Federal Regulations, 2014 CFR

2014-10-01

..., DEPARTMENT OF THE INTERIOR TECHNICAL SERVICES (9000) TRESPASS Kinds of Trespass § 9239.0-8 Measure of damage... other trespass in accordance with the decision of the Supreme Court of the United States in the case of... by the laws of the State in which the trespass is committed, unless by Federal law a different rule...

Employees.

ERIC Educational Resources Information Center

Sorenson, Gail Paulus; Mawdsley, Ralph D.

This chapter covers the nearly 250 cases reported in 1987 involving precollegiate public-sector employees. Those cases where purely procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. Although no United States Supreme Court cases in 1987 related to school employees, those from prior years are…

Constitutional Due Process and Educational Administration.

ERIC Educational Resources Information Center

Uerling, Donald F.

1985-01-01

Discusses substantive and procedural due process as required by the United States Constitution and interpreted by the Supreme Court, with particular reference to situations arising in educational environments. Covers interests protected by due process requirements, the procedures required, and some special considerations that may apply. (PGD)

Supreme Court of the United States, Syllabus. Board of Education of the City School District of New York et al. v. Harris, Secretary of Health, Education, and Welfare, et al. Certiorari to the United States Court of Appeals for the Second Circuit, No. 78-873.

ERIC Educational Resources Information Center

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

The Emergency School Aid Act (ESAA) states that the Act's purpose is to provide Federal assistance to eliminate minority group segregation among students and faculty in elementary and secondary schools. One section of the Act declares an educational agency ineligible for assistance if it has in effect any practice which results in disproportionate…

Supreme Court of the United States Syllabus: Cleveland Board of Education Et Al. v. LaFleur Et Al. Certiorari to the United States Court of Appeals for the Sixth Circuit. No. 72-77, Argued October 15, 1973 -- Decided January 21, 1974.

ERIC Educational Resources Information Center

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

School board rules for the Cleveland, Ohio, and the Chesterfield County, Virginia, districts required pregnant teachers to take unpaid maternity leave five months and four months respectively before expected childbirth. A date for eligibility for return to work was also arbitrarily set. This pamphlet contains the entire official text of the…

In the Supreme Court of the United States, Barbara Grutter, Petitioner, versus Lee Bollinger, et al., Respondents on Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit. Brief for Respondents.

ERIC Educational Resources Information Center

United States Supreme Court, Washington, DC.

This legal document addresses whether the Court should reaffirm its decision in Regents of University of California v. Bakke, 438 U.S. 265 (1978), holding that the educational benefits which flow from a diverse student body to an institution of higher education, its students, and the public it serves are sufficiently compelling to permit the…

Constitutional Rights of Children. Prepared for the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, by the American Law Division, Congressional Research Service of the Library of Congress.

ERIC Educational Resources Information Center

Library of Congress, Washington, DC. Congressional Research Service.

This paper reviews the rights of children as defined by the Constitution of the United States and summarizes a series of Supreme Court decisions which have defined the protections afforded to children by the Constitution. A short historical overview of the legal status of children is provided as background for the report. It is suggested that the…

Public Financing of Religious Schools: James G. Blaine and Justice Clarence Thomas' "Bigotry Thesis"

ERIC Educational Resources Information Center

Alexander, Kern

2007-01-01

United States Supreme Court Justice Clarence Thomas writing for a plurality of the Court in "Mitchell v. Helms" in 2000 advanced the idea that state constitutional prohibitions against public funding of religious schools were manifestations of anti-Catholic bigotry in the late 19th century. Thomas' reading of history and law led him to…

The Fourth Amendment in the Public Schools: Issues for the 1990's and Beyond. Presentation Outline.

ERIC Educational Resources Information Center

Schreck, Myron

In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…

The Different Functions of Speech in Defamation and Privacy Cases.

ERIC Educational Resources Information Center

Kebbel, Gary

1984-01-01

Reviews United States Supreme Court decisions since 1900 to show that free speech decisions often rest on the circumstances surrounding the speech. Indicates that freedom of speech wins out over privacy when social or political function but not when personal happiness is the issue.

Free Speech Yearbook 1979.

ERIC Educational Resources Information Center

Kane, Peter E., Ed.

The seven articles in this collection deal with theoretical and practical freedom of speech issues. Topics covered are: the United States Supreme Court, motion picture censorship, and the color line; judicial decision making; the established scientific community's suppression of the ideas of Immanuel Velikovsky; the problems of avant-garde jazz,…

Finance.

ERIC Educational Resources Information Center

Beezer, Bruce; MacPhail-Wilcox, Bettye

There were no United States Supreme Court decisions in 1987 on either public or private school finance. Cases discussed in this chapter fall under three major topics: (1) public funds for private schools; (2) sources and allocations of public school funds; and (3) school tax issues. Federal appellate court cases included decisions on the…

Sexual Misconduct by School Employees.

ERIC Educational Resources Information Center

Mawdsley, Ralph D.

1992-01-01

The recent United States Supreme Court decision in "Franklin v. Gwinnett County Public Schools" highlights the additional risks facing school districts and employees under federal statutes and the common law as a result of sexual misconduct by school employees. The "Franklin" case illustrates that damages could be available to…

Commentary: Dilemmas of Desegregation

ERIC Educational Resources Information Center

Powers, Jeanne M.

2017-01-01

This article is a commentary on Erica Frankenberg's article, "Assessing Segregation under a New Generation of Controlled Choice Policies." Both school segregation and organized efforts to end segregation have a long and deep history in the United States. The Supreme Court's decision in "Brown v. Board of Education" (1954) has…

Judicial Review: State Supreme Judicial Views on Balancing Civil Liberties and Public Safety/Security Measures during the Global War on Terror

DTIC Science & Technology

2009-03-01

and state constitutions designed to maintain freedom from coercive governmental actions .3 Research shows that when a government constrains liberties... actions including all habeas corpus petitions made pursuant to the United States Constitution. Author unknown, “Comparing Federal and State Court...Terrorist Information (Master’s Thesis, Naval Postgraduate School, Monterey, CA, March 2006), 12. 5 enforcement and intelligence actions taken

A Sense of Courage.

ERIC Educational Resources Information Center

Wirsing, Marie E.

The history of the United States is one of the contradictory traditions of human rights and intolerance. Although human rights, diversity, and dissidence are inherent concepts in our constitution and in the Supreme Court system, this tendency has been invariably accompanied by intolerant uses of power. The Salem witchcraft trials, the Alien and…

Hydrologic connectivity between geographically isolated wetlands and surface water systems: A review of select modeling methods

EPA Science Inventory

Rulings in 2001 and 2006 by the United States Supreme Court concerning the protection of Geographically Isolated Wetlands (GIWs) unveiled a critical area of research: quantifying the extent of potential hydrologic connectivity of GIWs to navigable waters and their effects at a va...

Isolated wetlands of the southeastern United States: abundance and expected condition

EPA Science Inventory

In the wake of two U.S. Supreme Court decisions that severely curtailed federal protection for isolated wetlands in the U.S. (i.e., those completely surrounded by uplands), the true extent of the wetlands impacted, and thus, the implications of the decisions, is unknown. Best pro...

Student Searches, Urinalysis and Drug Dogs.

ERIC Educational Resources Information Center

Stader, David L.

A review of legal decisions provides thought-provoking considerations for administrators who want to deter drug use on campus. The United States Supreme Court has recognized that even a limited search of students is a substantial invasion of privacy, but also that school officials need to maintain school discipline. Guidelines for the…

Legal Aspects of the Brown Decision.

ERIC Educational Resources Information Center

Carter, Robert L.

In Brown v. Board of Education of Topeka, Kansas, the Supreme Court outlawed segregation in the nation's public schools. This decision has not eliminated racial segregation, but it fundamentally altered the psychological pattern of race relations in the United States. Brown concerned a form of racial discrimination that has virtually vanished from…

Memorandum: First Thoughts on Southeastern Community College v. Davis.

ERIC Educational Resources Information Center

Orleans, Jeffrey H.

1979-01-01

In June 1979 the United States Supreme Court issued a civil rights opinion about handicap discrimination. A summary of the ruling is provided along with an effort to distinguish between those questions addressed and resolved by the Court and those discussed but not disposed of. (Author/MLW)

Academic and Artistic Freedom.

ERIC Educational Resources Information Center

Strossen, Nadine

1992-01-01

Issues and recent events concerning censorship of the arts in the United States are examined, and the threat to artistic freedom posed by recent Supreme Court decisions is examined. Focus is on erosion of the actual or imminent harm requirement of the law and on the court's class-based approach to free speech. (MSE)

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)

Recent Trends in Free Speech Theory.

ERIC Educational Resources Information Center

Haiman, Franklyn S.

This syllabus of a convention workshop course on free speech theory consists of descriptions of several United States Supreme Court decisions related to free speech. Some specific areas in which decisions are discussed are: obscene and indecent communication, the definition of a public figure for purposes of libel action, the press versus official…

1980 Cumulative Supplement, "Higher Education and the Law".

ERIC Educational Resources Information Center

Edwards, Harry T.; Nordin, Virginia Davis

A 1980 cumulative supplement to the basic text, "Higher Education and the Law," is presented. Contents include: edited reports of five United States Supreme Court cases, important lower court cases, regulations and reports; and citations to numerous law review articles, additional cases, and other secondary sources. The following broad…

Fifty Years after "Brown": Tarnished Gold, Broken Promises

ERIC Educational Resources Information Center

Gantz, Julie

2004-01-01

May 17, 2004 marked the fifty years that have passed since the United States Supreme Court handed down one of its most famous, compelling and iconic decisions, "Brown v. Board of Education of Topeka, Kansas." Certainly the decision itself, labeling the practice of "separate but equal" as unconstitutional, deserves the fanfare…

Curriculum and the Constitution. Issuegram 34.

ERIC Educational Resources Information Center

Lines, Patricia M.

The United States Supreme Court has to date decided four major cases dealing with curricula or the rights of students. The Court (1) declared unconstitutional a law that prohibited instruction in evolutionary theory, (2) upheld the right of students in school to express their views on controversial subjects, (3) extended protection under the…

Censorship and the Media.

ERIC Educational Resources Information Center

Rohrer, Daniel Morgan

This review of current legal practices with respect to censorship in the areas of obscenity and pornography contains a history of anti-obscenity legislation; a review of the efforts of the United States Supreme Court and lower courts to define obscenity; a discussion of publisher Larry Flynt's battle against the "community standards"…

Managing the Student Press: Consider Carefully before You Unsheath the Censor's Scissors.

ERIC Educational Resources Information Center

Sendor, Benjamin

1988-01-01

The United States Supreme Court's decision in "Hazelwood School District v. Kuhlmeier" gives school officials sweeping power over school-sponsored publications and other curricular and extracurricular activities. To avoid charges of squelching student expression, school boards should make sure that policies limit censorship to legitimate…

Disciplined Intelligence Brought to Bear on Social Problems: The Contributions of Kenneth B. Clark.

ERIC Educational Resources Information Center

Holland, Laura J.

1987-01-01

Provides biographical data about the black psychologist and his contributions in the following areas: (1) studies on the effects of segregation and racism; (2) the United States Supreme Court decision in Brown v. Board of Education; and (3) the Harlem Youth Opportunities Unlimited Program. (PS)

CNN Newsroom Classroom Guides, December 2000.

ERIC Educational Resources Information Center

Cable News Network, Atlanta, GA.

These classroom guides, designed to accompany the daily CNN (Cable News Network) Newsroom broadcasts for the month of December 2000, provide program rundowns, suggestions for class activities and discussion, student handouts, and a list of related news terms. Top stories include: the United States Supreme Court hears the presidential candidates'…

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,…

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.

Legal Handbook on School Athletics.

ERIC Educational Resources Information Center

National School Boards Association, Alexandria, VA. Council of School Attorneys.

In a recent opinion the Supreme Court of the United States recognized that for many communities "school sports play a prominent role." Whatever purpose they serve, school sports also raise a number of legal issues that a school district must carefully handle in order to operate its athletics program with minimal risk of liability. This handbook is…

The First Amendment Status of Advertising: A Possible Source of Conflict?

ERIC Educational Resources Information Center

Huffman, John L.; Trauth, Denise M.

The United States Supreme Court has recently begun to establish the right of consumers to receive certain commercial information and the right of proprietors of information to disseminate it. Simultaneously, there is a movement under way by administrative lawmaking bodies, professional associations, and citizens' groups to place advertising under…

The "Good Faith" Requirement in School Desegregation Cases.

ERIC Educational Resources Information Center

Patin, Charles L., Jr.; Gordon, William M.

The good-faith requirement in school desegregation was initially discussed by the United States Supreme Court in "Brown II." However, it was not until recently, in "Freeman v. Pitts," that the Court was to provide a definitive statement as to the meaning of the requirement, indicate the need for specific findings with respect…

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...

Current Issues: Critical Issues Confronting the Nation and the World. 1990 Edition.

ERIC Educational Resources Information Center

Close Up Foundation, Arlington, VA.

This annual publication seeks to inform interested readers about issues currently confronting the United States. The introductory section briefly discusses the 101st Congress, members of the Bush administration, and the Supreme Court. The federal budget process is also discussed in this section. The section on domestic policy issues contains the…

From the Oracles of the Temple of Janus: "Chicago Teachers Union v. Hudson."

ERIC Educational Resources Information Center

Vieira, Edwin, Jr.

1986-01-01

Examines "Chicago Teachers Union v. Hudson," a United States Supreme Court decision guaranteeing non-union government workers specific protections of procedural due process that certain educational and teacher unions had failed to recognize. Decries the "Hudson" decision for separating labor law from laws governing the rest of…

The Burden of Brown. Thirty Years of School Desegregation.

ERIC Educational Resources Information Center

Wolters, Raymond

The Supreme Court's decision in Brown vs. Board of Education is one of the most important events in the recent history of the United States. Although "Brown" prohibited the use of racial discrimination to separate the races in the Topeka (Kansas) schools, similar cases from Delaware, South Carolina, and Virginia were consolidated on…

Ensuring Access to the Ballot Box: Voting Rights in the United States

ERIC Educational Resources Information Center

Yang, Elizabeth M.; Gaines, Kristi

2008-01-01

The process of voting is a fundamental right and privilege of any democracy. In fact, "Merriam-Webster" defines the word democracy as "a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free…

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…

Justice John Paul Stevens and the Erotic Boomerang.

ERIC Educational Resources Information Center

Lieberman, Marc

Justice John Paul Stevens of the United States Supreme Court has ruled on obscenity cases in seven instances since his appointment. His rulings reveal that he regards obscenity as a nuisance rather than as a danger threatening to undermine the nation's morality, that he supports a nationwide standard to adjudicate obscenity cases, and that he…

God's Country: Religion and the Evolution of the Social Studies Curriculum in Texas

ERIC Educational Resources Information Center

Williams, J. Kelton

2010-01-01

During the period 1962-1994, the United States Supreme Court handed down several decisions that increasingly limited the influence of religion in schools ("Engel v Vitale" 1962; "Abington v. Schempp" 1963; "Lemon v. Kurtzman," "Early v. DiCenso," and "Robinson v. DiCenso" 1971; "Wallace v.…

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)

76 FR 61227 - Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-03

... adjudicated as a mental defective, alien, committed to any mental institution, controlled substance, crime..., mental institution, restricted person, and unlawful user of any controlled substance. We believe that... aware of the Supreme Court's decision in Small v. United States, 544 US 385 (2005) in which the court...

Photocopying and Videotaping for Educational Purposes: The Doctrine of Fair Use.

ERIC Educational Resources Information Center

Flygare, Thomas J.

1984-01-01

Photocopying guidelines of the 1976 amendments to the Copyright Act have been further legitimized by a 1982 settlement involving New York University. Important recent developments concerning videotape copyrights include the 1981 guidelines of the House Judiciary Committee and the 1984 United States Supreme Court case, "Sony Corporation v.…

Antitrust Law and the Media: Making the Newspapers Safe for Democracy.

ERIC Educational Resources Information Center

Coulson, David

A number of constitutional and economic problems are involved in the process of insuring a free press. The enforcement of antitrust laws by the Justice Department can, but does not, provide adequate safeguards for the public. Beginning with the 1945 Supreme Court decision, "Associated Press v. United States," many court decisions have…

Free Speech in the Military: A Status Report.

ERIC Educational Resources Information Center

Parker, Richard A.

Two recent decisions of the United States Supreme Court have emasculated First Amendment guarantees for military personnel. In the first case, Parker v. Levy, an Army captain urged enlisted Special Forces personnel at his post to refuse to go to Viet Nam, claiming that "Special Forces personnel are liars and thieves and killers of peasants…

Student First Amendment Rights: Wisconsin School Board Association.

ERIC Educational Resources Information Center

Baldwin, Gordon B.

Issues in students' First Amendment rights are discussed in this paper, which is directed toward school board members. The "Tinker v. Des Moines Independent Schools" (1969) decision is discussed, in which the United States Supreme Court struck down the discipline imposed on students who wore black armbands during school hours to protest…

After "Hazelwood": The Role of School Officials in Conflicts over the Curriculum.

ERIC Educational Resources Information Center

Whitson, James Anthony

1993-01-01

Analyzes in some detail a number of censorship cases affected by the 1988 United States Supreme Court case, Hazelwood School District v. Kuhlmeier. Considers how principals have been affected by the ruling in their relation to the issue of censorship. Presents ideas about how administrators should deal with the issue. (HB)

Educational Trends and U.S. Commitments Since the Brown Decision.

ERIC Educational Resources Information Center

Clark, Kenneth

The Supreme Court's landmark Brown decision changed the total pattern of race relations in the United States and helped to solidify the foundations of American democracy for the benefit of all Americans. Ironically, although the specific issue which resulted in the Brown decision was concerned with the constitutionality of racially segregated…

Pursuing the Panderer: An Analysis of "United States v. Williams"

ERIC Educational Resources Information Center

McGrain, Patrick N.; Moore, Jennifer L.

2010-01-01

In May 2008, the Supreme Court addressed whether the government can regulate the ownership and distribution of virtual child pornography. "U.S. v. Williams" marked the first time the Court directly addressed the concept of pandering virtual child pornography. This article examines the Court's decision in "U.S. v. Williams" and…

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

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.

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…

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

Child Sexual Abuse: A School Leadership Issue

ERIC Educational Resources Information Center

Mitchell, Mark W.

2010-01-01

Child Sexual Abuse is a growing epidemic. In the United States, 1 in 6 boys and 1 in 4 girls will be sexually abused before reaching adulthood. From a legal standpoint, inappropriate sexual relations between a faculty/staff member and a student are a growing national concern. In 1991, the Supreme Court heard the Franklin v. Gwinnett County Public…

Thurgood Marshall: The Fight for Equal Justice.

ERIC Educational Resources Information Center

Hess, Debra

This biography for younger readers examines the life of Thurgood Marshall, an important legal activist in the history of the civil rights movement and the first African American to be appointed a U.S. Supreme Court justice. The book presents an overview of the civil rights movement in the United States while documenting the key role Marshall…

An American Perspective on Equal Educational Opportunities

ERIC Educational Resources Information Center

Russo, Charles; Perkins, Brian

2004-01-01

The United States Supreme Court ushered in a new era in American history on May 17, 1954 in its monumental ruling in "Brown v Board of Education," Topeka, Kansas. "Brown" is not only the Court's most significant decision on race and equal educational opportunities, but also ranks among the most important cases it has ever decided. In "Brown" a…

First Amendment Speech and Press Theory: Preferred Position Postulate Reexamined.

ERIC Educational Resources Information Center

Stonecipher, Harry W.

If the United States Supreme Court is to exercise its historic role as guardian of the fundamental freedoms flowing from the speech and press clauses of the first amendment, it is imperative that those basic freedoms be placed in a preferred position. The preferred position doctrine provides adequate safeguards for both speech and press guarantees…

Title IX and Retaliation: The Impact of "Jackson v. Birmingham Board of Education" on Higher Education

ERIC Educational Resources Information Center

Melear, Kerry Brian

2007-01-01

In 2005, the United States Supreme Court rendered a closely divided opinion that extends the protections against discrimination provided by Title IX of the Education Amendments of 1972 to include a private cause of action for retaliation in "Jackson v. Birmingham Board of Education." Therefore, "whistleblowers," or employees who report allegedly…

The Youngest Minority: Are They Competent to Waive Their Constitutional Rights?

ERIC Educational Resources Information Center

Brewer, Saundra

Although juveniles are not considered criminals, it has been only in the last decade that they have been accorded the constitutional rights to fairness and due process of law accorded to adults - - basic rights guaranteed by the United States Supreme Court decision in the Miranda case. However, since a large proportion of youthful arrestees are of…

The Law of Student Expulsions and Suspensions. NOLPE Monograph.

ERIC Educational Resources Information Center

Rossow, Lawrence F.

Since the 1975 United States Supreme Court Decision of "Goss versus Lopez," which provided the foundation for the law of procedure in student suspensions, the law of expulsion and suspension has reached such a level of complexity that school officials can no longer simply "do what is right" when punishing students by expulsion or suspension.…

A Little Knowledge is a Dangerous Thing...Emerging Miranda Research and Professional Roles for Psychologists

ERIC Educational Resources Information Center

Rogers, Richard

2008-01-01

In Miranda v. Arizona (1966), the 20th century's most prominent and consequential legal decision on constitutionally guaranteed rights against compelled self-incrimination, the Supreme Court of the United States mandated the delivery of specific warnings to persons facing custodial interrogation. Owing in large part to popularization of these…

Dear Colleague Letter: English Learner Students and Limited English Proficient Parents

ERIC Educational Resources Information Center

US Department of Justice, 2015

2015-01-01

Forty years ago, the Supreme Court of the United States determined that in order for public schools to comply with their legal obligations under Title VI of the Civil Rights Act of 1964 (Title VI), they must take affirmative steps to ensure that students with limited English proficiency (LEP) can meaningfully participate in their educational…

Bilingual Education in the United States: A View from 1980. ERIC/CUE Urban Diversity Series, Number 68, August 1980.

ERIC Educational Resources Information Center

Harrington, Charles

Focusing on the time period since the 1974 Supreme Court Lau v. Nichols decision, this paper reviews Federal policy regarding bilingual education, discusses the current sociopolitical context of bilingual education, discusses evaluations of bilingual programming done to date, and examines the implications of these factors for schools and…

"Brown v Board of Education" at 50: An Update on School Desegregation in the US

ERIC Educational Resources Information Center

Russo, Charles J.

2004-01-01

"Brown v Board of Education of Topeka, Kansas" (1954) ("Brown I"), is the United States Supreme Court's most significant ruling on education, if not of all time. In "Brown I", the Court unanimously held that "de jure" racial segregation in public schools violated the Equal Protection Clause of the Fourteenth…

Adjudicative Competence: Evidence that Impairment in "Rational Understanding" Is Taxonic

ERIC Educational Resources Information Center

Marcus, David K.; Poythress, Norman G.; Edens, John F.; Lilienfeld, Scott O.

2010-01-01

In "Dusky v. United States" (1960), the U.S. Supreme Court articulated 3 abilities that determine a criminal defendant's competence to stand trial: He or she must be able to consult with counsel, have a factual understanding of the proceedings, and have a rational understanding of the proceedings. Although the legal determination of a defendant's…

Negligence 10 Years after Gertz v. Welch. Journalism Monographs Number Ninety-Three.

ERIC Educational Resources Information Center

Hopkins, W. Wat

The implications and shortcomings of court rulings on negligence in libel laws are explored in this paper. The paper first discusses the particulars of the 1974 landmark "Gertz versus Robert Welch, Inc." United States Supreme Court case, in which the court ruled that private persons as well as public figures would be required to prove…

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...

Curious History: The ABA Code of Judicial Ethics Canon 35.

ERIC Educational Resources Information Center

Alexander, S. L.

With the latest appointment to the United States Supreme Court, five of the nine justices have indicated a willingness to consider some form of camera coverage in federal courts. The landmark cases, Estes versus Texas (1965) and Chandler versus Florida (1980), called for more data prior to reconsideration of the issue. An in-depth examination of…

Is the Free Rider Back on the Bus? "Lehnert" from a Union Perspective.

ERIC Educational Resources Information Center

Darko, Richard J.; LaPointe, Mary Jane

1993-01-01

An introduction by Hugh D. Jascourt and this article analyze the effects of the United States Supreme Court ruling in "Lehnert v. Ferris Faculty Association." Addresses the effect of the decision on fair-share-fee provisions in collective-bargaining agreements and its application to public-sector employees, particularly teachers. (50…

Drug Testing and Searches in Public Schools: A Legal Analysis.

ERIC Educational Resources Information Center

Minnesota House of Representatives, St. Paul. Research Dept.

This document examines the Fourth Amendment as the source of search and seizure law; drug testing of school employees; and drug testing searches of students. The United States Supreme Court case that established the two-part test to determine the legality of a student search is discussed, three separate student drug testing programs that have been…

Making the Abstract Concrete

ERIC Educational Resources Information Center

Potter, Lee Ann

2005-01-01

President Ronald Reagan nominated a woman to serve on the United States Supreme Court. He did so through a single-page form letter, completed in part by hand and in part by typewriter, announcing Sandra Day O'Connor as his nominee. While the document serves as evidence of a historic event, it is also a tangible illustration of abstract concepts…

"Not the Bus, but Us": George W. Bush and School Desegregation

ERIC Educational Resources Information Center

McAndrews, Larry

2009-01-01

In 1982 civil rights activist Rev. Jesse Jackson criticized President Ronald Reagan's attacks on busing to coerce school desegregation for targeting "not the bus, but us." Two decades later, the United States Supreme Court ended the thirty-two-year-old Charlotte, North Carolina, plan which had launched the era of court-ordered busing…

A resolution recognizing and honoring the tenth anniversary of the United States Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999).

THOMAS, 111th Congress

Sen. Harkin, Tom [D-IA

2009-06-23

Senate - 06/23/2009 Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent. (All Actions) Tracker: This bill has the status Agreed to in SenateHere are the steps for Status of Legislation:

Anticommunism and Academic Freedom: Walter C. Eells and the "Red Purge" in Occupied Japan

ERIC Educational Resources Information Center

Kumano, Ruriko

2010-01-01

In August 1945, Imperial Japan surrendered to the Allied Powers. From September 1945 to April 1952, the United States occupied the defeated country. Douglas MacArthur, an American army general and the Supreme Commander for the Allied Powers (SCAP), attempted to transform Japanese society from an authoritarian regime into a budding democracy.…

Revisiting James Crow: A Re-Look at Separate but Equal.

ERIC Educational Resources Information Center

Banks, Ivan W.

Numerous scholars, historians, and social scientists believe that the most significant decision made by the United States Supreme Court was handed down in the case of "Brown v. the Topeka Kansas Board of Education" (1954). In this case the court declared the legal principle of separate but equal as unconstitutional in public education. This paper…

Sticks and Stones: Why First Amendment Absolutism Fails When Applied to Campus Harassment Codes.

ERIC Educational Resources Information Center

Lumsden, Linda

This paper analyzes how absolutist arguments against campus harassment codes violate the spirit of the first amendment, examining in particular the United States Supreme Court ruling in "RAV v. St. Paul." The paper begins by tracing the current development of first amendment doctrine, analyzing its inadequacy in the campus hate speech…

Absolutism and Natural Law Argument: William O. Douglas on Freedom of Expression.

ERIC Educational Resources Information Center

Rodgers, Raymond S.

Noting that United States Supreme Court Justice William O. Douglas has often been characterized as an "absolutist" in terms of First Amendment policy, this paper argues that, in fact, Douglas's policy positions provided for less than absolute freedom to communicate. The paper then reveals, through an anlaysis of 18 of Douglas's opinions,…

Public Perceptions, Private Agendas: Washington, Moton, and the Secondary Curriculum of Tuskegee Institute 1910-1926

ERIC Educational Resources Information Center

Morowski, Deborah L.

2013-01-01

After the Civil War, schooling for African Americans was irregular and consisted mainly of elementary grades. Education was provided, primarily, by elite, private institutions and fewer than three percent of students aged 13-17 attended regularly. In 1896, the United States Supreme Court issued a ruling in "Plessey v. Ferguson." Although…

Equity from a Legal Perspective. Research and Development Series No. 214K.

ERIC Educational Resources Information Center

Richette, Lisa Aversa

The history of the development of equity--justice and fairness--can be traced through law and court cases. Early United States Supreme Court opinions (1873) on issues of newly asserted claims by women provide evidence of preconceptions concerning women and their stereotyped positions. Occupational exclusion was reinforced by law to maintain a…

Patentability of Stem Cells in the United States.

PubMed

Fendrick, Sarah E; Zuhn, Donald L

2015-08-20

Until recently, the patentability of stem cells was well established within the judicial and statutory framework in the United States. However, the shifting landscape of patent law, particularly with regard to patent-eligible subject matter under 35 U.S.C. §101, presents new challenges to the patentability of stem cells. In this paper, we discuss the legal precedent that paved the way for stem cell patents, including Diamond v. Chakrabarty and In re Bergy. Additionally, we review recent Supreme Court cases and recent guidance issued by the U.S. Patent and Trademark Office that impose new limitations on patent-eligible subject matter and thereby threaten the patentability of stem cells in the United States. Copyright © 2015 Cold Spring Harbor Laboratory Press; all rights reserved.

Copyright Holder Protection Act. Hearing before the Subcommittee on Patents, Copyrights and Trademarks of the Committee on the Judiciary. United States Senate, Ninety-Ninth Congress, First Session on S. 1384. A Bill to Amend the Copyright Act of 1976 to Clarify the Operation of the Derivative Works Exception (November 20, 1985).

ERIC Educational Resources Information Center

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

This hearing addressed Senate Bill 1384, which deals with the copyright issue and seeks to alter the 5-to-4 decision of the Supreme Court of the United States in the Mills Music case. The question under consideration is whether the law should be made explicit to the effect that the class of intended beneficiaries of all royalties under the…

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

"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 Right Not to Hear as a Rationale for Broadcast Regulation: A Review and an Appraisal.

ERIC Educational Resources Information Center

Glasser, Theodore L.; Jassem, Harvey C.

"FCC v. Pacifica Foundation," a 1978 case involving a radio broadcast considered to be indecent, was the first United States Supreme Court litigation using the right of privacy, or the right not to hear, as a rationale for broadcast regulation of programing. The issue of pornography best illustrates the judiciary's understanding of the…

Crossing the Borders of "Plyler v. Doe": Students without Documentation and Their Right to Rights

ERIC Educational Resources Information Center

Radoff, Sara

2011-01-01

In this article, I show that the intersection between education policy and immigration law in the United States sustains a permanent underclass and reinforces the deliberate disenfranchisement of students without authorized immigration status. I critically analyze the Supreme Court case "Plyler s. Doe", and I suggest the DREAM Act as a means for…

"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…

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...

Almost Over: "Separate but Equal" Flunks Out of Graduate School.

ERIC Educational Resources Information Center

Sandmann, Warren

The 1954 Supreme Court decision in "Brown v. Board of Education" brought a legal (though hardly political or social) end to the practice of segregated education in the United States, and has accurately been described as both a major legal victory for the civil rights movement and as a precursor to other battles that were still to be…

The Integration Project among White Teachers and Racial/Ethnic Minority Youth: Understanding Bias in School Practice

ERIC Educational Resources Information Center

Fergus, Edward

2017-01-01

In 1954, the Supreme Court ruled schools in the United States needed to desegregate and begin integration. The decision was a radical departure from the facilities argument initially presented; it added the issue that the segregation of Black students was having a deleterious effect on their self-concept. Many scholars argue the integration has…

A Social Science Review of Evidence Cited in Litigation on Corporal Punishment in the Schools.

ERIC Educational Resources Information Center

Hyman, Irwin A.

In the case of Ingraham vs. Wright, the United States Supreme Court ruled that under the eighth amendment school children do not have constitutional protection from the use of corporal punishment. The majority decision relies heavily on assumptions concerning the tradition and effectiveness of the use of corporal punishment in education. In an…

The Influence of the Cold War on the Racial Desegregation of American Schools

ERIC Educational Resources Information Center

Watras, Joseph

2013-01-01

With the rise of the Cold War, federal officials in the United States sought to end the racial segregation that the U.S. Supreme Court had accepted in the 1896 decision of "Plessy v. Ferguson." Although the reforms began with changes in the armed services, they moved to reduce racial segregation in schools. Many forces brought about the…

Reaffirming Diversity: A Legal Analysis of the University of Michigan Affirmative Action Cases. A Joint Statement of Constitutional Law Scholars.

ERIC Educational Resources Information Center

Harvard Civil Rights Project, Cambridge, MA.

On June 23, 2003, the United States Supreme Court upheld the constitutionality of race-conscious admissions policies designed to promote diversity in higher education. The Grutter versus Bollinger decision upheld the University of Michigan Law School race-conscious admissions policy as constitutional. However, in Gratz versus Bollinger, it held…

Current Issues: Critical Issues Confronting the Nation and the World. 1989 Edition.

ERIC Educational Resources Information Center

Sass, Charles R., Ed.

This book investigates a variety of contemporary issues, both domestic U.S. concerns and those of an international focus that involve the United States. The introduction develops the context of the book by discussing the Reagan legacy, the 101st Congress, the Supreme Court, and the making of the U.S. federal budget. The domestic policy issues of…

A Call for Character Education and Prayer in the Schools

ERIC Educational Resources Information Center

Jeynes, William H.

2009-01-01

This book offers an examination of the related topics of school prayer and character education in the United States, advocating for their return to public schools. In 1962 and 1963, the U.S. Supreme Court made rulings that removed prayer and Bible reading from public schools. But in the aftermath of the rulings, the nation endured one of the worst…

Potential Implications of Approaches to Climate Change on the Clean Water Rule Definition of "Waters of the United States".

PubMed

Faust, Derek R; Moore, Matthew T; Emison, Gerald Andrews; Rush, Scott A

2016-05-01

The 1972 Clean Water Act was passed to protect chemical, physical, and biological integrity of United States' waters. The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers codified a new "waters of the United States" rule on June 29, 2015, because several Supreme Court case decisions caused confusion with the existing rule. Climate change could affect this rule through connectivity between groundwater and surface waters; floodplain waters and the 100-year floodplain; changes in jurisdictional status; and sea level rise on coastal ecosystems. Four approaches are discussed for handling these implications: (1) "Wait and see"; (2) changes to the rule; (3) use guidance documents; (4) Congress statutorily defining "waters of the United States." The approach chosen should be legally defensible and achieved in a timely fashion to provide protection to "waters of the United States" in proactive consideration of scientifically documented effects of climate change on aquatic ecosystems.

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.

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

Discrimination against and Adaptation of Italians in the Coal Counties of Oklahoma

ERIC Educational Resources Information Center

LoConto, David G.

2004-01-01

In the late 1800s and early 1900s coal reigned supreme in what is now southeastern Oklahoma. As was the case in the northeastern United States, Italians and other immigrants from southern and eastern Europe were brought in as a form of inexpensive labor to work the mines. Italians had different customs, a different language, a unique appearance,…

Is Right the New Left? An Analysis of Justice Clarence Thomas's Concurring Opinion in the Seattle and Louisville Cases

ERIC Educational Resources Information Center

Hamilton, Kendra

2007-01-01

Just over a month after the Supreme Court of the United States' ruling in the Seattle and Louisville cases, news analysts and school district officials from Boston to Berkeley, California, from Knoxville, Tennessee, to Evanston, Illinois, are still trying to assess its impact on their student reassignment programs. But the community of scholars…

The Shared Burden: United States-French Coalition Operations in the European Theater of World War II

DTIC Science & Technology

2013-05-23

French; Henri Amouroux’s La grande histoire des Francais sous l’occupation, un 6... Histoire et Collections, 2004), 15. 27 Headquarters, Sixth Army Group Narrative History, Box 1, Supreme Headquarters Allied Expeditionary Force, Sixth...Headquarters, Department of Defense. JP 5-0: Joint Operations Planning, 2011. Historical Studies and Theory Amouroux, Henri. La Grande Histoire des Français

Racism Is Alive and Well in America

ERIC Educational Resources Information Center

Garrett, Joyce Lynn

2009-01-01

If the recent elections of a Black man to the presidency and a Hispanic woman to the Supreme Court of the United States, or news that Ku Klux Klan membership is down from its estimated high of 6 million in 1924 to about 8,000 in 2008 makes one think racism is gone from America, think again! Idaho residents still express concern about the image of…

Illegitimate Children and Military Benefits

DTIC Science & Technology

1990-04-01

THIS SHEUT AND RETURN TO DTIC-FDAC OTIC mඎA DONoaatr PROCI MSSn V ilr ~ LOAN DOCUMENT ILLEGITIMATE CHILDREN AND MILITARY BENEFITS A Thesis...0 ELIGIBILITY OF ILLEGITIMATE CHILDREN FOR MILITARY BENEFITS by Captain David B. Howlett ABSTRACT: This thesis examines the constitutionality of...military benefit statutes and regulations as they relate to illegitimate children. The thesis describes the United States Supreme Court’s analysis of

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.

Motion of Information Industry Association for Leave to File Brief Amicus Curiae and Brief of Information Industry Association Amicus Curiae [in the Case of Donald Goldstein et. al. v. State of California, in the Matter of State vs. Federal Copyright Infringement Remedies.] In the Supreme Court of the United States, October Term, 1971.

ERIC Educational Resources Information Center

Zurkowski, Paul G.

The question raised here, whether state criminal laws can be applied to subject matter also addressed by federal copyright law, is of immediate interest to the information industry. This brief Amicus Curiae deals with the need of the industry and the public generally for remedies on which the growth of the information tools and resources needed to…

Failure to exercise due diligence costs plaintiff her suit.

PubMed

1997-11-28

The Mississippi State Supreme Court affirmed a lower court ruling dismissing a last-minute suit filed by a plaintiff against United Blood Services of Mississippi and the American Association of Blood Banks. A woman known as D. Doe was a recipient of a tainted transfusion. She contracted HIV in 1983 and died of AIDS-related causes in 1991. Her daughter, the plaintiff, filed a contaminated blood transfusion lawsuit just five days before the statute of limitations ran out but failed to ascertain the correct identity of the blood bank. She named two blood banks in her suit because she was unable to determine the source of the blood. The Supreme Court ruled that waiting until five days before the statute elapsed indicated that the plaintiff did not exercise reasonable diligence within a specific time frame.

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…

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…

A Wall of Separation: Two Hundred Years of Mr. Jefferson's Idea. The Expansion of Religious Freedom in the United States.

ERIC Educational Resources Information Center

Urofsky, Melvin I.; Urofsky, Philip E.

The definition of religious freedom from the Virginia Statute for Religious Freedom (1786) to the most recent U.S. Supreme Court decision is not clear and well-defined. The two religious clauses found in the First Amendment to the U.S. Constitution (those denying Congress the right either to establish religion or to prohibit its free exercise)…

Supreme Court Update: The Free Speech Rights of Students in the United States Post "Morse v. Frederick"

ERIC Educational Resources Information Center

Russo, Charles J.

2007-01-01

Enshrined in the First Amendment as part of the Bill of Rights that was added to the then 4 year old US Constitution in 1791, it should be no surprise that freedom of speech may be perhaps the most cherished right of Americans. If anything, freedom of speech, which is properly treated as a fundamental human right for children, certainly stands out…

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

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

Integrated health system for chronic disease management: lessons learned from France.

PubMed

Stuart, Mary; Weinrich, Michael

2004-02-01

Rated number one in overall health system performance by the World Health Organization, the French spend less than half the amount on annual health care per capita that the United States spends. One contributing factor may be the attention given to chronic care. Since the mid-1900s, the French have developed regional community-based specialty systems for patients with chronic respiratory insufficiency or failure. COPD is the major cause of respiratory failure, the fourth leading cause of death in the United States, and its prevalence is increasing. Despite the clinical success of home mechanical ventilation and the potential for cost savings, providing such services in the United States remains a challenge. Lessons from France can inform the development of cost-effective chronic care models in the United States In this article, we review the French experience in the context of the United States Supreme Court's Olmstead decision, mandating that people in "more restrictive settings" such as nursing homes be offered community-based supports. We suggest that regional demonstration projects for patients with chronic respiratory failure or insufficiency can provide an important step in the development of effective chronic care systems in the United States

Regulation of hydropower: Who is in charge?

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

Molm, J.

1995-12-31

The regulatory, legislative and judicial branches of government all have played a role in twisting and changing FERC`s authority over hydropower. At times authority over hydropower is kept at FERC; at other times it is granted to state or federal agencies. At present, decisions are driven by competing uses of water that require differing flows or quantities of water. It is the highest and best use of the f lows and the quantities that will dictate whether water quantities are used for hydropower or fish habitat. However, that is not where it all started. In First Iowa, the Federal Powermore » Commission ({open_quotes}FPC{close_quotes}) (predecessor to FERC) dismissed a license application solely on the ground of the failure of the license applicant to comply with Iowa statutes. Iowa law provided that no dam could be constructed or operated unless a permit had been issued by a state agency. The U.S. Supreme Court reversed the Commission deciding that the Iowa statute would vest in an Iowa agency a veto power over a federal project and thereby subordinate the FPC`s comprehensive planning obligation to state control. The Court ruled that there is a separation of those subjects that are under the jurisdiction of the states from those subjects that the Constitution delegates to the United States and over which Congress vests the FPC with authority to act. The Court stated that this {open_quotes}duality does not require two agencies to share in the final decision of the same issue.{close_quotes} Although the Supreme Court ruled that federal jurisdiction is preeminent, it should be underscored that it was the FPC`s decision to defer to state authority in the first place. The Supreme Court decision is a determinations that flows for hydropower purposes should be made by the FPC under authority of the Federal Power Act.« less

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…

Statement of Mark R. Disler, Deputy Assistant Attorney General, Civil Rights Division, before the Committee on Labor and Human Resources, United States Senate, Concerning Grove City Legislation.

ERIC Educational Resources Information Center

Disler, Mark R.

Testimony concerning the Supreme Court decisions in the case of Grove City College v. Bell (1984) is presented in this document. The Courts ruling that Federal aid to a student constitutes funding only of the college's student air program, nor the entire institution, reflected the more persuasive reading of the Title IX Education Amendments,…

Teaching about the Constitution: Relationships between Teachers' Subject Matter Knowledge, Pedagogic Beliefs and Instructional Decision Making regarding Selection of Content, Materials, and Activities. Summary of Research Findings.

ERIC Educational Resources Information Center

Hyland, John T.

Importance of the Constitution as the supreme law of the land and the reported failure of the United States youth to have been genuinely educated about the Constitution raises questions regarding teaching. One concerns what teachers know about the Constitution and the other is what they believe about teaching. This study investigates these…

"It's Not Rocket Science--It's Much Harder": Racial & Ethnic Diversity in Public Service--Where Do We Go from Here? An AED Public Service Leadership Paper

ERIC Educational Resources Information Center

Hesser, Phillip, Ed.

2004-01-01

For people concerned with the future of diversity in the United States, the month of June 2003 was a momentous watershed. Nearly four decades earlier, President Lyndon B. Johnson first advocated affirmative action as a means to "seek not just freedom, but opportunity." June 2003 also saw the 25th anniversary of the U.S. Supreme Court's…

3 CFR - Drawdown Pursuant to Section 552(c)(2) of the Foreign Assistance Act of 1961 of up to $10 Million...

Code of Federal Regulations, 2014 CFR

2014-01-01

... 3 The President 1 2014-01-01 2014-01-01 false Drawdown Pursuant to Section 552(c)(2) of the Foreign Assistance Act of 1961 of up to $10 Million in Commodities and Services From Any Agency of the United States Government to the Syrian Opposition Coalition (SOC) and the Syrian Opposition's Supreme Military Council (SMC) Presidential Documents Othe...

Forty Years Since the End of the White Primary, Thirty Years Since the Brown Decision, Twenty Years Since the Passage of the Civil Rights Act. 40th Anniversary Papers.

ERIC Educational Resources Information Center

Manderson, Marge

This report evaluates the progress that has been made since three landmarks in blacks' struggle for equal treatment in the United States. Despite the 1944 case of Smith vs. Allwright, in which the Supreme Court decided that the Texas White Primary was unconstitutional, growing evasion and resistance by whites limited gains in black enfranchisement…

Not Worth the Fuss after All? Cross-Sectional and Prospective Data on Violent Video Game Influences on Aggression, Visuospatial Cognition and Mathematics Ability in a Sample of Youth

ERIC Educational Resources Information Center

Ferguson, Christopher J.; Garza, Adolfo; Jerabeck, Jessica; Ramos, Raul; Galindo, Mariza

2013-01-01

The United States Supreme Court's recent decision relating to violent video games revealed divisions within the scientific community about the potential for negative effects of such games as well as the need for more, higher quality research. Scholars also have debated the potential for violent games to have positive effects such as on…

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…

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

Eugenics and Involuntary Sterilization: 1907-2015.

PubMed

Reilly, Philip R

2015-01-01

In England during the late nineteenth century, intellectuals, especially Francis Galton, called for a variety of eugenic policies aimed at ensuring the health of the human species. In the United States, members of the Progressive movement embraced eugenic ideas, especially immigration restriction and sterilization. Indiana enacted the first eugenic sterilization law in 1907, and the US Supreme Court upheld such laws in 1927. State programs targeted institutionalized, mentally disabled women. Beginning in the late 1930s, proponents rationalized involuntary sterilization as protecting vulnerable women from unwanted pregnancy. By World War II, programs in the United States had sterilized approximately 60,000 persons. After the horrific revelations concerning Nazi eugenics (German Hereditary Health Courts approved at least 400,000 sterilization operations in less than a decade), eugenic sterilization programs in the United States declined rapidly. Simplistic eugenic thinking has faded, but coerced sterilization remains widespread, especially in China and India. In many parts of the world, involuntary sterilization is still intermittently used against minority groups.

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…

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…

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 Speaks.

ERIC Educational Resources Information Center

Cunningham, Albert J.; Coplan, Carol

1987-01-01

Reviews recent decisions of the U.S. Supreme Court. The decisions involve student rights, the Gramm-Rudman budget law, homosexuals' right to privacy, the regulation of state primary elections, pregnancy and employment policy, Miranda Rights, and the legality of certain police searches. (JDH)

Live From the Front: Operational Ramifications of Military Web Logs in Combat Zones

DTIC Science & Technology

2007-05-10

may view milbloggers’ First Amendment right to freedom of speech , similar First Amendment cases must be examined. In United States v...redress of grievances against certain military regulations. The Court found in favor of the military because a service member’s freedom of speech “yields...11 The U.S. Supreme Court has given the military wide latitude to restrict service member’s freedom of speech in matters pertaining to national

Shouldn't Dead Be Dead?: The Search for a Uniform Definition of Death.

PubMed

Lewis, Ariane; Cahn-Fuller, Katherine; Caplan, Arthur

2017-03-01

In 1968, the definition of death in the United States was expanded to include not just death by cardiopulmonary criteria, but also death by neurologic criteria. We explore the way the definition has been modified by the medical and legal communities over the past 50 years and address the medical, legal and ethical controversies associated with the definition at present, with a particular highlight on the Supreme Court of Nevada Case of Aden Hailu.

Pulling the Religious Trigger: Iran’s End-Times Beliefs and Divine Justifications for Potential Action Against the United States

DTIC Science & Technology

2014-09-01

current government. Moving to the regime’s current leadership , the literature survey mostly includes primary sources from Iran’s Supreme Leader, Ali...Office of the Secretary of Defense, published Mullahs, Guards, and Bonyads38: An Exploration of Iranian Leadership Dynamics. The book’s objective is...to provide a “framework to help policymakers and analysts better understand existing and evolving leadership dynamics driving Iranian decisionmaking

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

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…

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)

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.

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.

Implication of defamation for dental educators.

PubMed

Moore, R N

1987-08-01

Recent court decisions have indicated that in dealing with their students and colleagues, faculty must balance academic freedom and the individual right of fair consideration. It is also important for faculty and administrators to distinguish between decision-making procedures and criteria. It is quite clear from two recent United States Supreme Court cases that subjective evaluation by professional judgment is permissible as long as standard procedures of procedural due process are followed. In short, courts are more likely to review the application of the criteria than their substance.

Iraq: Post-Saddam Governance and Security

DTIC Science & Technology

2008-07-21

the Ottomans in World War I and took control of the territory in 1918 . Britain had tried to take Iraq from the Ottomans earlier in World War I but...the United States to “support efforts” to remove the regime headed by CRS-4 4 Because of its role in the eventual formation of the radical Ansar al...quietist” — generally opposing a direct political role for clerics — but he has weighed in on major political issues. 10 ! Islamic Supreme Council of

The Opinion of Mr. Justice Douglas in the Case of Robert Gottschalk, Acting Commissioner of Patents, vs. Gary R. Benson and Arthur C. Tabbot, Delivered in the Supreme Court of the United States on November 20, 1972.

ERIC Educational Resources Information Center

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

Respondents filed in the Patent Office an application for an invention which was described as being related to the processing of data by program and more particularly to the programmed conversion of numerical information in general purpose digital computers. The patent sought is on a method of programming a general purpose digital computer to…

North Korean Leadership Dynamics and Decision-making under Kim Jong-un: A Second Year Assessment

DTIC Science & Technology

2014-03-01

engagement will be considered both for what they say about stability within the regime and for any insights that could inform the United States...briefing the policy when Ri pushed back, saying , "The policy is an ill-advised idea that denies the socialist principles that our previous supreme...leadership. Kim Jong-un then stood up and stripped Ri of his title and rank on the spot and had him arrested, saying , "I can- not work for revolution with

The anti-trust suit against the AMA, 1939-1943: background for today's health planning.

PubMed

Puder, K L; Pumphrey, R E

1978-01-01

Today, prepaid group medical schemes form a significant component of many legislative health care proposals. Although the concept is over 60 years old, its legality was not established until 1943 by a United States Supreme Court decision that convicted the American Medical Association and the District of Columbia Medical Society for restraint of trade. The history of that suit highlights the antagonisms that exist between prepaid group medical care and the more traditional fee-for-service system.

At the Supreme Court.

ERIC Educational Resources Information Center

Williams, Charles F.

2000-01-01

States that in the past juvenile courts afforded children with fewer rights than criminal courts accorded to adults accused of the same crimes. Reviews three U.S. Supreme Court cases that affirmed the constitutional rights of juvenile offenders and changed juvenile court proceedings. Discusses whether the juvenile death penalty violates…

Good cop, bad cop: federal prosecution of state-legalized medical marijuana use after United States v. Lopez.

PubMed

Newbern, A E

2000-10-01

The Supreme Court's recent decisions in United States v. Lopez and United States v. Morrison articulate a vision of federalism under which Congress's regulatory authority under the Commerce Clause is severely limited in favor of returning traditional areas of state concern, particularly criminal law enforcement, to local or state control. The Court's decisions in these cases coincide with ballot initiatives legalizing the medical use of marijuana garnering a majority of the vote in California, Arizona, Alaska, Colorado, Nevada, Oregon, Washington, Maine, and Washington D.C. Those who use marijuana for medical purposes under sanction of state law, however, still face the threat of federal prosecution under the Controlled Substances Act. Medical marijuana proponents have traditionally, and unsuccessfully, contested federal prosecution using individual rights arguments under theories of equal protection or substantive due process. This Comment argues that after Lopez and Morrison, the federal government's authority to regulate intrastate use of marijuana for medicinal purposes is not the foregone conclusion it once was. The author suggests that proponents of medical marijuana use should invoke the federalism arguments of Lopez and Morrison and argue for state legislative independence from the federal government on this issue.

A comparison of statistical criteria for setting optimally discriminating MCAT and GPA thresholds in medical school admissions.

PubMed

Albanese, Mark A; Farrell, Philip; Dottl, Susan L

2005-01-01

Using Medical College Admission Test-grade point average (MCAT-GPA) scores as a threshold has the potential to address issues raised in recent Supreme Court cases, but it introduces complicated methodological issues for medical school admissions. To assess various statistical indexes to determine optimally discriminating thresholds for MCAT-GPA scores. Entering classes from 1992 through 1998 (N = 752) are used to develop guidelines for cut scores that optimize discrimination between students who pass and do not pass the United States Medical Licensing Examination (USMLE) Step 1 on the first attempt. Risk differences, odds ratios, sensitivity, and specificity discriminated best for setting thresholds. Compensatory versus noncompensatory procedures both accounted for 54% of Step 1 failures, but demanded different performance requirements (noncompensatory MCAT-biological sciences = 8, physical sciences = 7, verbal reasoning = 7--sum of scores = 22; compensatory MCAT total = 24). Rational and defensible intellectual achievement thresholds that are likely to comply with recent Supreme Court decisions can be set from MCAT scores and GPAs.

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…

Revisiting the Decision of Death in Hurst v. Florida.

PubMed

Cooke, Brian K; Ginory, Almari; Zedalis, Jennifer

2016-12-01

The United States Supreme Court has considered the question of whether a judge or a jury must make the findings necessary to support imposition of the death penalty in several notable cases, including Spaziano v. Florida (1984), Hildwin v. Florida (1989), and Ring v. Arizona (2002). In 2016, the U.S. Supreme Court revisited the subject in Hurst v. Florida Florida Statute § 921.141 allows the judge, after weighing aggravating and mitigating circumstances, to enter a sentence of life imprisonment or death. Before Hurst, Florida's bifurcated sentencing proceedings included an advisory sentence from jurors and a separate judicial hearing without juror involvement. In Hurst, the Court revisited the question of whether Florida's capital sentencing scheme violates the Sixth Amendment, which requires a jury, not a judge, to find each fact necessary to impose a sentence of death in light of Ring In an eight-to-one decision, the Court reversed the judgment of the Florida Supreme Court, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty. The role of Florida juries in capital sentencing proceedings was thereby elevated from advisory to determinative. We examine the Court's decision and offer commentary regarding this shift from judge to jury in the final imposition of the death penalty and the overall effect of this landmark case. © 2016 American Academy of Psychiatry and the Law.

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)

Editorial

NASA Astrophysics Data System (ADS)

Gaskill, Jack D.

1988-02-01

After a year in which United States presidential candidates, supreme court nominees, and television evangelists offered confession after confession, I have begun to feel that by not confessing something, have not fulfilled my duties as Editor of Optical Engineering. As a result, even if it does rule out any future political aspirations I might have, I have decided that I must confess a shameful deed: I allowed myself to be "bought." That's right! In return for certain favors, I authorized the publication of a paper that otherwise might never have scattered any optical radiation to the eyes of the reader.

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,…

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…

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…

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…

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.

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…

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,…

Federal Employees Health Benefits and Federal Employees Dental and Vision Insurance Programs' Coverage Exception for Children of Same-Sex Domestic Partners. Interim final rule.

PubMed

2016-12-02

This action amends the rule to create a regulatory exception that allows children of same-sex domestic partners living overseas to maintain their Federal Employees Health Benefits (FEHB) and Federal Employees Dental and Vision Program (FEDVIP) coverage until September 30, 2018. Due to a recent Supreme Court decision, as of January 1, 2016, coverage of children of same-sex domestic partners under the FEHB Program and FEDVIP will generally only be allowed if the couple is married, as discussed in Benefits Administration Letter (BAL) 15-207 dated October 5, 2015. OPM recognizes there are additional requirements placed on overseas federal employees that may not apply to other civilian employees with duty stations in the United States making it difficult to travel to the United States to marry same-sex partners.

Abraham Lincoln loses a medical malpractice case, debates Stephen A. Douglas, and secures two murder acquittals.

PubMed

Spiegel, Allen D; Kavaler, Florence

2004-02-01

An improperly healed fracture was the most common reason for the medical malpractice crisis between the 1830s and 1860s in the United States. As a practicing lawyer in Illinois, Abraham Lincoln defended physicians in medical malpractice law suits. One of these was Dr. Powers Ritchey, who was sued for malpractice in 1855. Lincoln agreed to represent Dr. Ritchey in 1858 as the case was appealed to the supreme court of Illinois. In the interim, Lincoln defended two indicted murderers and won acquittals for both. Between the two murder trials, Lincoln debated Stephen A. Douglas while running for U.S. Senator from Illinois. Lincoln believed that Ritchey's case was poorly represented in the lower court. Ritchey's prior attorneys did not file a bill of exceptions to the testimony of the plaintiff's expert medical witnesses. Lincoln attempted to rebut the allegation of a lack of reasonable medical care and diligence by Ritchey, and he sought to secure a new trial for his client. In its decision, the supreme court of Illinois did not find any error and affirmed the lower court's judgment.

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.

Memory and law: what can cognitive neuroscience contribute?

PubMed

Schacter, Daniel L; Loftus, Elizabeth F

2013-02-01

A recent decision in the United States by the New Jersey Supreme Court has led to improved jury instructions that incorporate psychological research showing that memory does not operate like a video recording. Here we consider how cognitive neuroscience could contribute to addressing memory in the courtroom. We discuss conditions in which neuroimaging can distinguish true and false memories in the laboratory and note reasons to be skeptical about its use in courtroom cases. We also discuss neuroscience research concerning false and imagined memories, misinformation effects and reconsolidation phenomena that may enhance understanding of why memory does not operate like a video recording.

Family and Medical Leave Act; Definition of Spouse. Final rule.

PubMed

2016-04-08

The U.S. Office of Personnel Management (OPM) is revising the definition of spouse in its regulations on the Family and Medical Leave Act (FMLA) as a result of the decision by the United States Supreme Court holding section 3 of the Defense of Marriage Act (DOMA) unconstitutional. The new definition replaces the existing definition, which contains language from DOMA that refers to "a legal union between one man and one woman.'' The new definition permits Federal employees with same-sex spouses to use FMLA leave in the same manner as Federal employees with opposite-sex spouses.

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.

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.

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.

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…

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.

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.

The Origination Clause, the Affordable Care Act, and Indirect Constitutional Violations.

PubMed

Dysart, Tessa L

2015-01-01

"All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills." U.S. Const. art. I, § 7, cl. 1 (Origination Clause). "As we have often noted, '[c]onstitutional rights would be of little value if they could be . . . indirectly denied.'" United States Term Limits, Inc. v. Thornton, 514 U.S. 779, 829 (1995) The Supreme Court's opinion in National Federation of Independent Business v. Sebelius, upholding the constitutionality of the Patient Protection and Affordable Care Act (ACA) as a permissible exercise of Congress's taxing power rekindled an old question about the constitutionality of the Act: Was the Act unconstitutional under the Origination Clause? The bill that became the ACA, H.R. 3590, originated in the House as the Service Members Home Ownership Tax Act of 2009. It was gutted by the Senate and replaced with the ACA before being passed and sent back to the House for final passage. The Supreme Court has heard very few cases on the Origination Clause, and Origination Clause challenges have met with little success. Most of these cases have developed over the questions of whether the bill is actually a revenue-raising bill that is constitutionally required to be originate in the House, and, if so, whether the Senate amendments were appropriate. But United States Term Limits v. Thornton provides another angle under which to examine the constitutionality of the ACA: an indirect violation of a constitutional prohibition. In this Article, I will provide an overview of the ACA's passage and analyze it through the lenses of traditional Origination Clause arguments and the Term Limits approach.

Tobacco advertising in the United States: a proposal for a constitutionally acceptable form of regulation.

PubMed

Bayer, Ronald; Gostin, Lawrence O; Javitt, Gail H; Brandt, Allan

2002-06-12

Lorillard Tobacco Co. v Reilly is the latest in a series of Supreme Court cases striking down public health regulation of advertising as a violation of the First Amendment. In its decision, the Supreme Court significantly reduced the scope of constitutionally acceptable forms of regulation of tobacco advertising and created an almost insoluble dilemma for public health authorities. Control over advertising, along with taxes and restrictions on smoking in public settings, plays an important role in the public health response to tobacco. Those committed to reducing the patterns of cigarette-related morbidity and mortality should broaden their advertising-related strategies and consider the role that greater disclosure of the health harms of tobacco can have on reducing consumption. Toward this end, we propose a comprehensive system of taxation and regulation designed to increase public appreciation and comprehension of the health risks of cigarettes. First, we consider a tax to be levied on tobacco advertising and promotion or, as an alternative, a new excise tax, the proceeds of which would be used exclusively to fund a Centers for Disease Control and Prevention-directed national antitobacco campaign. Second, all print advertising should be required to carry public health warnings equivalent to 50% of the space devoted to the advertisement. Third, manufacturers should be required to devote one full side of cigarette packages to graphic pictorials displaying the dangers of smoking. The tobacco industry would no doubt respond by declaring such efforts an unwarranted burden, an example of constitutionally suspect compelled speech. However, this would be a battle worth engaging, because it might have an impact on tobacco-related morbidity and mortality in the United States.

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.

[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).

Committee Opinion No. 574: Marriage equality for same-sex couples.

PubMed

2013-09-01

Same-sex couples encounter barriers to health care that include concerns about confidentiality and disclosure, stigma and discriminatory attitudes and treatment, limited access to health care and health insurance, and often a limited understanding of their health risks. Same-sex couples and their families are adversely affected by the lack of legal recognition of their relationships, a problem with major implications for the health of same-sex couples and their families. Tangible harm has come from the lack of financial and health care protections granted to legal spouses, and children are harmed by the lack of protections afforded to families in which partners are married. However, the recent Supreme Court ruling, The United States v Windsor, which afforded equal treatment for legally married same-sex couples will provide many important health and financial benefits. Evidence suggests that marriage confers health benefits to individuals and families, yet a sizable proportion of individuals do not experience these health benefits because of their sexual orientation. Additional data suggest that same-sex couples who live in states with bans on same-sex unions experience adverse health outcomes. Civil marriage is currently available to same-sex couples in only thirteen states and the District of Columbia and honored by one state. The American College of Obstetricians and Gynecologists endorses marriage equality for same-sex couples and equal treatment for these couples and their families and applauds the Supreme Court's decision as an important step in improving access to benefits received by legally married same-sex couples. However, additional efforts are necessary to ensure that same-sex couples in every state can receive these same benefits.

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.

The legal rights of minors in the health care process II.

PubMed

Healey, J M

1979-11-01

2 cases presented to the United States Supreme Court during the 1975-1976 term -- Planned Parenthood of Central Missouri v. Danforth and Bellotti v. Baird -- deal with the question of the rights of the minor woman. In the Planned Parenthood of Central Missouri V. Danforth case the Court rejected as unconstitutional a blanket provision requiring the consent of a parent or person "in loco parentis" before an abortion could be provided to an unmarried minor during the first 12 weeks of pregnancy. The Court did indicate that there were situations in which justification for the restriction of a minor's decision existed, but the Court did not delineate them. In the Bellotti v. Baird case Mr. Justice Powell pointed out that there are 3 primary reasons why the constitutional rights of children cannot be considered the same as adults in all circumstances: 1) the vulnerability of children and their need for protection; 2) their limited ability to make critical decisions in a mature manner; and 3) the importance of the parental role in the rearing of children. In the case J.L. v. Parham, the Supreme Court has rejected the claim of unqualified right by either parent or minor.

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.

FDA preemption of drug and device labeling: who should decide what goes on a drug label?

PubMed

Valoir, Tamsen; Ghosh, Shubha

2011-01-01

The Supreme Court decided an issue that is critical to consumer health and safety last year. In April 2009, the Supreme Court held that extensive FDA regulation of drugs did not preempt a state law claim that an additional warning on the label was necessary to make the drug reasonably safe for use. Thus, states--and even courts and juries--are now free to cast their vote on what a drug label should say. This is in direct contrast to medical devices, where the federal statute regulating medical devices expressly provides that state regulations are preempted. This Article discusses basic preemption principles and drugs, and explores the policy ramifications of pro- and anti-preemption policy in the healthcare industry.

Quota in specialty and super-specialty courses: What does the judiciary say?

PubMed

Kapoor, Mukul Chandra; Anand, Shubhendu

2017-01-01

Reservations in super-specialty courses have been controversial for decades. A number of practising doctors, medical students and others in society have wanted to do away with reservations in specialty and super-specialty courses, while there are others in favour of persisting with reservations. Article 15 (4) of the Constitution of India states that nothing shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes/Tribes. However, Article 14 of the Indian Constitution should also be considered. The judiciary, particularly, the Supreme Court of India, in its judgments has strived to strike a balance between the two constitutional provisions. The Supreme Court, on various occasions, has observed that reservations in super-specialty courses should be done away with, as such reservations would be detrimental to the advancement of medical science and research and will also not serve national interest. We present the observations of the Supreme Court of India through its various judgments, with a focus on the recent case of Dr Sandeep versus Union of India, where the honourable court stated that the government should do away with reservations in super-specialty courses.

Physicians in US Prisons in the Era of Mass Incarceration

PubMed Central

Allen, Scott A.; Wakeman, Sarah E.; Cohen, Robert L.; Rich, Josiah D.

2011-01-01

The United States leads the world in creating prisoners, incarcerating one in 100 adults and housing 25% of the world’s prisoners. Since the 1976, the US Supreme Court ruling that mandated health care for inmates, doctors have been an integral part of the correctional system. Yet conditions within corrections are not infrequently in direct conflict with optimal patient care, particularly for those suffering from mental illness and addiction. In addition to providing and working to improve clinical care for prisoners, physicians have an opportunity and an obligation to advocate for reform in the system of corrections when it conflicts with patient well-being. PMID:22049298

Priority Queuing on the Docket: Universality of Judicial Dispute Resolution Timing

NASA Astrophysics Data System (ADS)

Mukherjee, Satyam; Whalen, Ryan

2018-01-01

This paper analyzes court priority queuing behavior by examining the time lapse between when a case enters a court’s docket and when it is ultimately disposed of. Using data from the Supreme courts of the United States, Massachusetts, and Canada we show that each court’s docket features a slow decay with a decreasing tail. This demonstrates that, in each of the courts examined, the vast majority of cases are resolved relatively quickly, while there remains a small number of outlier cases that take an extremely long time to resolve. We discuss the implications for this on legal systems, the study of the law, and future research.

Physicians in US Prisons in the Era of Mass Incarceration.

PubMed

Allen, Scott A; Wakeman, Sarah E; Cohen, Robert L; Rich, Josiah D

2010-12-01

The United States leads the world in creating prisoners, incarcerating one in 100 adults and housing 25% of the world's prisoners. Since the 1976, the US Supreme Court ruling that mandated health care for inmates, doctors have been an integral part of the correctional system. Yet conditions within corrections are not infrequently in direct conflict with optimal patient care, particularly for those suffering from mental illness and addiction. In addition to providing and working to improve clinical care for prisoners, physicians have an opportunity and an obligation to advocate for reform in the system of corrections when it conflicts with patient well-being.

Competency to Proceed to Trial Evaluations and Rational Understanding.

PubMed

Ragatz, Laurie; Vitacco, Michael J; Tross, Rozanna

2015-12-01

In Dusky v. United States, the United States Supreme Court established "rational understanding" as a necessary component of a defendant's competency to stand trial. Yet, rational understanding has engendered misunderstanding, stemming from inconsistent court rulings and lack of systematic attention given to definitions of rationality. The purpose of this article is to assist with the conceptualization of rational understanding as it relates to competency to proceed to trial. This will be accomplished through a review of legal decisions and scholarly papers that provide various definitions of rationality. We discuss the suitability of standardized instruments of competency and how they may assist in providing a valid metric for evaluating rational abilities. We also provide discussion of how case law, in conjunction with psycholegal research, can be used to gain nuanced insight into operationalizations of rational understanding. By gaining a thorough understanding of rationality in competency to proceed to trial evaluations, clinicians may improve on the quality and foundation of their evaluations. © The Author(s) 2014.

A statement on abortion by 100 professors of obstetrics: 40 years later.

PubMed

2013-10-01

In this Journal in 1972, 100 leaders in obstetrics and gynecology published a compelling statement that recognized the legalization of abortion in several states and anticipated the 1973 Supreme Court decision in Roe v Wade. They projected the numbers of legal abortions that likely would be required by women in the United States and described the role of the teaching hospital in meeting that responsibility. They wrote to express their concern for women's health in a new legal and medical era of reproductive control and to define the responsibilities of academic obstetrician-gynecologists. Forty years later, 100 professors examine the statement of their predecessors in light of medical advances and legal changes and suggest a further course of action for obstetrician gynecologists. © 2013.

A statement on abortion by 100 professors of obstetrics: 40 years later.

PubMed

2013-09-01

In this Journal in 1972, 100 leaders in obstetrics and gynecology published a compelling statement that recognized the legalization of abortion in several states and anticipated the 1973 Supreme Court decision in Roe v Wade. They projected the numbers of legal abortions that likely would be required by women in the United States and described the role of the teaching hospital in meeting that responsibility. They wrote to express their concern for women's health in a new legal and medical era of reproductive control and to define the responsibilities of academic obstetrician-gynecologists. Forty years later, 100 professors examine the statement of their predecessors in light of medical advances and legal changes and suggest a further course of action for obstetrician gynecologists. Copyright © 2013 Mosby, Inc. All rights reserved.

It's Not Business, It's Personal: Implicit Religion in the Corporate Personhood Debate

PubMed Central

McClendon, David

2016-01-01

Debate surrounding the United States Supreme Court's 2010 decision in Citizens United v. FEC is ostensibly about the legal rights of corporations. However, I argue that the debate about corporate personhood is infused with religious concerns, rooted in the Protestant Reformation, about the proper identification of agentive subjects and the consequences of misidentification for human personhood. Focusing on the language used by opponents and defenders in the popular media, I show how both sides are animated by Protestant notions of human agency and share similar anxieties about the threats to that agency posed by abstract corporate or governmental entities. Attending to this fundamentally religious dimension not only improves our understanding of the moral stakes in the debate over corporations’ legal rights but it also illuminates the implicit religious underpinnings of American political discourse. PMID:27493585

Loathing the sinner, medicalizing the sin: why sexually violent predator statutes are unjust.

PubMed

Douard, John

2007-01-01

In seventeen states, persons convicted of one or more sexually violent offenses may be involuntarily civilly committed at the end of their criminal terms if they suffer from a mental disorder that renders them likely to reoffend sexually. These statutes place the burden on states to show that the sex offender meets the United States Constitutional standard of dangerousness. The key to proving dangerousness is proof of a mental disorder. However, the United States Supreme Court recently found that the offender need not be mentally ill. He need only "suffer" from "mental abnormality" or "personality disorder" that affects his cognitive, emotional or volitional capacities such that he is highly likely to sexually reoffend. These statutes are expressions of disgust: a fear of contamination by persons who engage in sexual conduct that forces us to confront our dark impulses. We do not merely hate the sin; we hate the sinner, and we want the sinner to be removed from our presence. Moreover, the emotions these statutes express are the source of widespread moral panic not warranted by data about recidivism risk. Laws that express disgust are likely to result in the unjust treatment of sex offenders.

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

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.

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.

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.

Elkhorn ruling boosts state authority

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

Beecher, H.A.

1995-03-01

On 31 May 1994, a landmark U.S. Supreme Court decision expanded state authority to establish conditions to protect water quality and included stream flows, aesthetics, and, potentially, other elements in a broad definition of water quality. Called the {open_quotes}Elkhorn case{close_quotes} the Supreme Court ruled that the state of Washington Department of Ecology has authority to set instream flows for fish (primarily steelhead, chinook, and coho salmon) as a condition of a Water Quality Certification (WQC) issued by the state under Section 401 of the federal Clean Water Act (CWA). The case surrounded the petitioners (applicants) proposed building of the Elkhornmore » Hydroelectric Project on the Dosewallips River, Washington. The project would have consisted of a dam near the boundary of Olympic National Park and a pipeline to carry diverted water around a 1.2-mile bypass reach to a powerhouse at Olympic National Forest`s Elkhorn Campground.« less

Religion and Education in Louisiana.

ERIC Educational Resources Information Center

Stader, David L.; Armenta, Tony; Hill, Flo

Church-state issues in education have a long history in America. Although the U.S. Supreme Court has made several landmark decisions with regard to the separation of church and state in schools, strong conservative influences in Southern states, including Louisiana, have resulted in state statutes and individual school-district policies and…

Democracy, individual rights and the regulation of science.

PubMed

Weinstein, J

2009-09-01

Whether the US Constitution guarantees a right to conduct scientific research is a question that has never been squarely addressed by the United States Supreme Court. Similarly, the extent to which the First Amendment protects the right to communicate the results of scientific research is an issue about which there is scant judicial authority. This article suggests that a crucial guidepost for exploring both these uncharted areas of constitutional law should be whether restrictions on scientific research or communication truly implicate fundamental individual rights or instead primarily concern issues of general social welfare-issues that in a democracy are properly decided by the representative branches of government or their delegates, not by the judiciary.

Unformed minds: juveniles, neuroscience, and the law.

PubMed

Harman, Oren

2013-09-01

Recently, the question of adolescent culpability has been brought before the Supreme Court of the United States for reconsideration. Neuroscience, adolescent advocates claim, is teaching us that young people cannot be found fully responsible for their actions. The reason: their brains are not fully formed. Here I consider the history of the use of scientific evidence in the courtroom, a number of adolescent murder cases, and the data now emerging from neuroscience, and argue that when it comes to brains, judges, just like the rest of us, are unnecessarily impressed. Ultimately, how we determine culpability should rest on normative and ethical considerations rather than on scientific ones. Copyright © 2013 Elsevier Ltd. All rights reserved.

Law and Intergenerational Relationships.

PubMed

Doron, Israel; Lowenstein, Ariela; Biggs, Simon

2017-03-01

In any aging society, the sociolegal construction of intergenerational relationships is of great importance. This study conducts an international comparison of a specific judicial issue: whether active labor unions have the legal right to strike for the purpose of improving the benefits given to nonactive workers (specifically, pensioners). A comparative case law methodology was used. The texts of three different Supreme Court cases-in the United States, Canada, and Israel-were analyzed and compared. Despite the different legal outcomes, all three court rulings reflect a disregard of known and relevant social gerontology theories of intergenerational relationships. Social gerontological theories can play an important role in both understanding and shaping judicial policies and assisting the courts in choosing their sociojudicial narratives.

The ethics of the Texas death penalty and its impact on a prolonged appeals process.

PubMed

Pearlman, T

1998-01-01

Society remains sharply divided as to the deterrent value of capital punishment. Following the reintroduction of the death penalty in the United States, Texas law mandates the affirmative predictability of future dangerousness beyond a reasonable doubt before a jury can impose the ultimate penalty for capital murder. The validity of prediction of dangerousness has been challenged in three Texas landmark cases before the U.S. Supreme Court. The case of Karla Faye Tucker highlights the moral controversy that occurs when execution follows an appeals process stretching over more than a decade, during which time personality growth and the effects of prison rehabilitation may have eliminated or curbed criminal tendencies.

School Board of Nassau County, Florida v. Arline.

PubMed

1987-03-03

After suffering a third relapse of tuberculosis in two years, an elementary school teacher in Nassau County, Florida, was discharged by the local public school board. In her complaint against the board, the teacher asserted that her dismissal violated a section of the federal Rehabilitation Act prohibiting federally funded state programs from discriminating against handicapped individuals solely by reason of handicap. In reaching its conclusion that a person afflicted with tuberculosis may be a "handicapped individual" within the meaning of the Act, the United States Supreme Court reasoned that allowing an employer to justify discrimination by distinguishing between a disease's perceived contagious effects on others and its physical effects on the individual would be unfair. The Court, however, could not grant the relief requested until the lower court made findings about the actual risk of the disease's transmission to others.

Ethics, advertising and the definition of a profession.

PubMed Central

Dyer, A R

1985-01-01

In the climate of concern about high medical costs, the relationship between the trade and professional aspects of medical practice is receiving close scrutiny. In the United Kingdom there is talk of increasing privatisation of health services, and in the United States the Federal Trade Commission (FTC) has attempted to define medicine as a trade for the purposes of commercial regulation. The Supreme Court recently upheld the FTC charge that the American Medical Association (AMA) has been in restraint of trade because of ethical strictures against advertising. The concept of profession, as it has been analyzed in sociological, legal, philosophical, and historical perspectives, reveals the importance of an ethic of service as well as technical expertise as defining characteristics of professions. It is suggested that the medical profession should pay more attention to its service ideal at this time when doctors are widely perceived to be technically preoccupied. PMID:4009637

Ethics, advertising and the definition of a profession.

PubMed

Dyer, A R

1985-06-01

In the climate of concern about high medical costs, the relationship between the trade and professional aspects of medical practice is receiving close scrutiny. In the United Kingdom there is talk of increasing privatisation of health services, and in the United States the Federal Trade Commission (FTC) has attempted to define medicine as a trade for the purposes of commercial regulation. The Supreme Court recently upheld the FTC charge that the American Medical Association (AMA) has been in restraint of trade because of ethical strictures against advertising. The concept of profession, as it has been analyzed in sociological, legal, philosophical, and historical perspectives, reveals the importance of an ethic of service as well as technical expertise as defining characteristics of professions. It is suggested that the medical profession should pay more attention to its service ideal at this time when doctors are widely perceived to be technically preoccupied.

Design for Life. Abortion. A Student's Lesson Plan [and] A Teacher's Lesson Plan [and] A Lawyer's Lesson Plan.

ERIC Educational Resources Information Center

Howard, Estelle; And Others

One of a series of secondary level teaching units presenting case studies with pro and con analyses of particular legal problems, the document consists of a student's lesson plan, a teacher's lesson plan, and a lawyer's lesson plan for a unit on abortion. The lessons are designed to expose students to the Supreme Court's decision concerning…

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.

Issues surrounding lethal injection as a means of capital punishment.

PubMed

Romanelli, Frank; Whisman, Tyler; Fink, Joseph L

2008-12-01

Lethal injection as a method of state-sanctioned capital punishment was initially proposed in the United States in 1977 and used for the first time in 1982. Most lethal injection protocols use a sequential drug combination of sodium thiopental, pancuronium bromide, and potassium chloride. Lethal injection was originally introduced as a more humane form of execution compared with existing mechanical methods such as electrocution, toxic gassing, hanging, or firing squad. Lethal injection has not, however, been without controversy. Several states are considering whether lethal injection meets constitutional scrutiny forbidding cruel and unusual punishment. Recently in the case of Ralph Baze and Thomas C. Bowling, Petitioners, v John D. Rees, Commissioner, Kentucky Department of Corrections et al, the United States Supreme Court upheld the constitutionality of the lethal injection protocol as carried out in the Commonwealth of Kentucky. Most of the debate has surrounded the dosing and procedures used in lethal injection and whether the drug combinations and measures for administering the drugs truly produce a timely, pain-free, and fail-safe death. Many have also raised issues regarding the "medicalization" of execution and the ethics of health care professionals' participation in any part of the lethal injection process. As a result of all these issues, the future of lethal injection as a means of execution in the United States is under significant scrutiny. Outcomes of ongoing legislative and judicial reviews might result in cessation of lethal injection in totality or in alterations involving specific drug combinations or administration procedures.

Reproductive Health Services v. Webster, 17 March 1987, amended on 30 April 1987.

PubMed

1987-01-01

The plaintiff physicians and organizations providing abortion-related services challenged the constitutionality of provisions of a Missouri statute that a) state that life begins at conception and that unborn children have a protectable interest in life, health, and well being; b) require a physician to inform a woman seeking an abortion of certain facts; c) require all post sixteen-week abortions to be performed in a hospital; d) require certain tests to be performed in order to determine gestational age and viability; and e) prohibit the use of public funds, public employees, and public facilities for performing or assisting an abortion or encouraging or counseling an abortion except to save a woman's life. The Court ruled that all of these provisions were unconstitutional and in conflict with its previous rulings on a woman's right to obtain an abortion. In a related case the United States District Court, E.D. Missouri, E.D., held that the plaintiff physicians could not attack a statement of intent of the same law, which provides that "It is the intention of the general assembly of the state of Missouri to grant the right to life to all humans, born and unborn, and to regulate abortion to the full extent permitted by the Constitution of the United States, decisions of the United States Supreme Court, and federal statutes." See Women's Health Ctr. of West Cty. v. Webster, 24 September 1987, 670 F.Supp. 845. full text

Are gay and lesbian people fading into the history of bioethics?

PubMed

Murphy, Timothy F

2014-09-01

In many ways, we live in propitious times for gay and lesbian people. In 1996, the Supreme Court struck down Colorado law prohibiting any kind of protected status based on sexual orientation. In 2003, the Supreme Court held that states may not criminalize sexual conduct between consenting adults of the same sex in private, so long as no money changes hands. In 2010, the Congress repealed the "Don't Ask, Don't Tell" policy that excluded openly gay men and lesbians from military service. In 2013, the Supreme Court struck down key elements of the Defense of Marriage Act that prohibited any federal recognition of same-sex marriage. Most states do not allow same-sex marriage, but more and more states are joining the fold. Likewise, most U.S. states do not forbid discrimination based on sexual orientation, but the number that does is increasing. Arguably, no other social minority has made as much legal progress in so short a time. Despite these advances, the story of gay and lesbian people and the law is not yet finished, and the meaning of homosexuality for bioethics is still being written too. Concerns about gay and lesbian people remain important to bioethics in key domains, especially in seeing to the conferral of optimal health care benefits and in sorting through the priorities and social effects of research. Progress in these domains still involves lifting certain burdens of medical and social misjudgments about same-sex attraction. © 2014 by The Hastings Center.

Firearm-related injury and death in the United States: a call to action from 8 health professional organizations and the American Bar Association.

PubMed

Weinberger, Steven E; Hoyt, David B; Lawrence, Hal C; Levin, Saul; Henley, Douglas E; Alden, Errol R; Wilkerson, Dean; Benjamin, Georges C; Hubbard, William C

2015-04-07

Deaths and injuries related to firearms constitute a major public health problem in the United States. In response to firearm violence and other firearm-related injuries and deaths, an interdisciplinary, interprofessional group of leaders of 8 national health professional organizations and the American Bar Association, representing the official policy positions of their organizations, advocate a series of measures aimed at reducing the health and public health consequences of firearms. The specific recommendations include universal background checks of gun purchasers, elimination of physician "gag laws," restricting the manufacture and sale of military-style assault weapons and large-capacity magazines for civilian use, and research to support strategies for reducing firearm-related injuries and deaths. The health professional organizations also advocate for improved access to mental health services and avoidance of stigmatization of persons with mental and substance use disorders through blanket reporting laws. The American Bar Association, acting through its Standing Committee on Gun Violence, confirms that none of these recommendations conflict with the Second Amendment or previous rulings of the U.S. Supreme Court.

Clinical peer review in the United States: history, legal development and subsequent abuse.

PubMed

Vyas, Dinesh; Hozain, Ahmed E

2014-06-07

The Joint Commission on Accreditation requires hospitals to conduct peer review to retain accreditation. Despite the intended purpose of improving quality medical care, the peer review process has suffered several setbacks throughout its tenure. In the 1980s, abuse of peer review for personal economic interest led to a highly publicized multimillion-dollar verdict by the United States Supreme Court against the perpetrating physicians and hospital. The verdict led to decreased physician participation for fear of possible litigation. Believing that peer review was critical to quality medical care, Congress subsequently enacted the Health Care Quality Improvement Act (HCQIA) granting comprehensive legal immunity for peer reviewers to increase participation. While serving its intended goal, HCQIA has also granted peer reviewers significant immunity likely emboldening abuses resulting in Sham Peer Reviews. While legal reform of HCQIA is necessary to reduce sham peer reviews, further measures including the need for standardization of the peer review process alongside external organizational monitoring are critical to improving peer review and reducing the prevalence of sham peer reviews.

Clinical peer review in the United States: History, legal development and subsequent abuse

PubMed Central

Vyas, Dinesh; Hozain, Ahmed E

2014-01-01

The Joint Commission on Accreditation requires hospitals to conduct peer review to retain accreditation. Despite the intended purpose of improving quality medical care, the peer review process has suffered several setbacks throughout its tenure. In the 1980s, abuse of peer review for personal economic interest led to a highly publicized multimillion-dollar verdict by the United States Supreme Court against the perpetrating physicians and hospital. The verdict led to decreased physician participation for fear of possible litigation. Believing that peer review was critical to quality medical care, Congress subsequently enacted the Health Care Quality Improvement Act (HCQIA) granting comprehensive legal immunity for peer reviewers to increase participation. While serving its intended goal, HCQIA has also granted peer reviewers significant immunity likely emboldening abuses resulting in Sham Peer Reviews. While legal reform of HCQIA is necessary to reduce sham peer reviews, further measures including the need for standardization of the peer review process alongside external organizational monitoring are critical to improving peer review and reducing the prevalence of sham peer reviews. PMID:24914357

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)

The State of the South, 2004

ERIC Educational Resources Information Center

Greene, Alison; Guillory, Ferrel; Lipsitz, Joan; Rubin, Sarah

2004-01-01

State of the South 2004 is the fifth edition in MDC's State of the South series, which examines the region's economic and demographic landscape and how Southerners are faring within it. This edition considers the region through the lens of public education, 50 years after the Supreme Court's Brown v. Board of Education decision. That…

Constitutional Obligations for Public Education: 50-State Review

ERIC Educational Resources Information Center

Parker, Emily

2016-01-01

Within the constitution of each of the 50 states, there is language that mandates the creation of a public education system. The authority for public education falls to states because of a 1973 Supreme Court case which determined that the federal government has no responsibility to provide systems of public education. These constitutional…

Constitutional Law: Abortion, Parental Consent, Minors' Right to Due Process, Equal Protection and Privacy

ERIC Educational Resources Information Center

Child, Barbara

1975-01-01

In State v. Koome, the Washington Supreme Court has striken that state's statute regarding parental consent for a minor's abortion. Implications of the finding for a minor's right to due process, equal protection, and privacy are discussed. (LBH)

MYRIAD AFTER MYRIAD: THE PROPRIETARY DATA DILEMMA

PubMed Central

Conley, John M.; Cook-Deegan, Robert; Lázaro-Muñoz, Gabriel

2014-01-01

Myriad Genetics’ long-time monopoly on BRCA gene testing was significantly narrowed by the Supreme Court’s decision in AMP v. Myriad Genetics, Inc., and will be further narrowed in the next few years as many of its still-valid patents expire. But these developments have not caused the company to acquiesce in competition. Instead, it has launched a litigation offensive against a number of actual and potential competitors, suing them for infringement of numerous unexpired patents that survived the Supreme Court case. A parallel strategy may have even greater long-term significance, however. In announcing expanded operations in Europe, Myriad has emphasized that it will rely less on patents and more on its huge proprietary database of genetic mutations and associated health outcomes—a strategy that could be used in the United States as well. Myriad has built that database over its many years as a patent-based monopolist in the BRCA testing field, and has not shared it with the medical community for more than a decade. Consequently, Myriad has a unique ability to interpret the health significance of patients’ genetic mutations, particularly in the case of rare “variants of unknown significance.” This article reviews the current state of Myriad’s patent portfolio, describes its ongoing litigation offensive, and then analyzes its proprietary database strategy. The article argues that Myriad’s strategy, while legally feasible, undercuts important values and objectives in medical research and health policy. The article identifies several ways in which the research and health care communities might fight back, but acknowledges that it will be a difficult uphill fight. PMID:25544836

MYRIAD AFTER MYRIAD: THE PROPRIETARY DATA DILEMMA.

PubMed

Conley, John M; Cook-Deegan, Robert; Lázaro-Muñoz, Gabriel

2014-06-01

Myriad Genetics' long-time monopoly on BRCA gene testing was significantly narrowed by the Supreme Court's decision in AMP v. Myriad Genetics, Inc. , and will be further narrowed in the next few years as many of its still-valid patents expire. But these developments have not caused the company to acquiesce in competition. Instead, it has launched a litigation offensive against a number of actual and potential competitors, suing them for infringement of numerous unexpired patents that survived the Supreme Court case. A parallel strategy may have even greater long-term significance, however. In announcing expanded operations in Europe, Myriad has emphasized that it will rely less on patents and more on its huge proprietary database of genetic mutations and associated health outcomes-a strategy that could be used in the United States as well. Myriad has built that database over its many years as a patent-based monopolist in the BRCA testing field, and has not shared it with the medical community for more than a decade. Consequently, Myriad has a unique ability to interpret the health significance of patients' genetic mutations, particularly in the case of rare "variants of unknown significance." This article reviews the current state of Myriad's patent portfolio, describes its ongoing litigation offensive, and then analyzes its proprietary database strategy. The article argues that Myriad's strategy, while legally feasible, undercuts important values and objectives in medical research and health policy. The article identifies several ways in which the research and health care communities might fight back, but acknowledges that it will be a difficult uphill fight.

Golf in the United States: an evolution of accessibility.

PubMed

Parziale, John R

2014-09-01

Golf affords physical and psychological benefits to persons who are physically challenged. Advances in adaptive technology, changes in golf course design, and rules modifications have enabled persons with neurological, musculoskeletal, and other impairments to play golf at a recreational, elite amateur, or professional level. The Americans with Disabilities Act has been cited in both federal and US Supreme Court rulings that have improved access for physically challenged golfers. Medical specialties, including physiatry, have played an important role in this process. This article reviews the history of golf's improvements in accessibility, and provides clinicians and physically challenged golfers with information that will facilitate participation in the sport. Copyright © 2014 American Academy of Physical Medicine and Rehabilitation. Published by Elsevier Inc. All rights reserved.

Euthanasia: India's position in the global scenario.

PubMed

Shekhar, Skand; Goel, Ashish

2013-11-01

Euthanasia requests have increased as the number of debilitated patients rises in both developed and developing countries such as India due to medical, psychosocial-emotional, socioenvironmental, and existential issues amid fears of potential misuse. WORLD'S POSITION: Albania, Colombia, the Netherlands, and Switzerland permit euthanasia conditionally. Australia's legalization of euthanasia has been withdrawn. The United States permits withdrawal of life support. Mexico and Norway permit active euthanasia. INDIA'S POSITION: Following the Aruna Shanbaug case the Supreme Court granted legal sanction to passive, but not active, euthanasia that is valid till the Parliament legislates on euthanasia. HANDLING EUTHANASIA REQUESTS: Acknowledging the complexity of the problem; individualizing the palliative approach; and accepting the 'There is no alternative' or 'There is no answer' (TINA) factor.

The position of the New York Academy of Medicine on physician-assisted suicide.

PubMed

Barondess, J A

1997-01-01

In January 1997, after a lengthy, careful, and difficult process, an ad hoc group, chaired by Dr. Alan R. Fleischman, a Senior Vice President of the New York Academy of Medicine (NYAM), with representation from clinical medicine, biomedical ethics, law, and the clergy, developed a position on the difficult and contentious issue of physician-assisted suicide. After substantial debate, the Board of Trustees of NYAM authorized a letter from the President of the Academy to the Justices of the United States Supreme Court and to the attorneys on both sides of the cases about to be argued before the Court. The text of that letter, which summarizes the views of the New York Academy of Medicine, is reproduced here.

Current Issues. 1983/84 Edition.

ERIC Educational Resources Information Center

James, Bruce

Written for students participating in the Close Up government studies program, a week-long field experience in Washington, D.C., the readings in this booklet may be incorporated into social studies units on government, political science, or current events. Following an introduction to members of the Reagan Administration and the Supreme Court and…

For the Good of France: The French Experience in Africa

DTIC Science & Technology

2012-04-01

French African policy to the president (the Elysée) through the African Unit ( Cellule Africaine). Additionally, as the Supreme Commander of the Armed...1997, France’s president Jacques Chirac announced the dissolution of the ‘ cellule africaine’. This new policy marked the end of French neo-colonial

"Yoder" and Free Exercise

ERIC Educational Resources Information Center

Riga, Peter J.

1977-01-01

Reviews Supreme Court decisions involving conflict between the individual's freedom of religion and the state's interest in compulsory education, with particular emphasis on the implications of Yoder v. Wisconsin and its legal antecedents. (JG)

Church-State Separation: Recent Trends and Developments.

ERIC Educational Resources Information Center

Sinensky, Jeffery P.; Kahn, Jill L.

1984-01-01

This report analyzes recent cases and legislation in the area of church-state separation. A brief introduction asserts that the Supreme Court's method of evaluating establishment clause controversies is undergoing pervasive changes that have permitted incursions on establishment principles. The rest of the paper, providing support for this…

Libya: A Contemporary Conflict in a Failing State

DTIC Science & Technology

2015-03-01

Lack of Political Dialogue ......................................................78 b. Lack of Security Sector Reform...SPLAJ Socialist People’s Libyan Arab Jamahiriya SSC Supreme Security Committee SSR Security Sector Reform STDS Special Tribunal for the Defense of... banks , and social 16 Natasha Ezrow and Erica Frantz, “Revisiting the Concept of the Failed State: Bringing the State Back In,” Third World Quarterly

Controversies over the Pledge of Allegiance in Public Schools: Case Studies Involving State Law, 9/11, and the Culture Wars

ERIC Educational Resources Information Center

Montgomery, Jennifer J.

2015-01-01

This dissertation examines state-level efforts to mandate the Pledge of Allegiance in public schools, especially following 9/11. Despite longstanding Supreme Court precedent declaring mandatory flag salutes unconstitutional, various state legislatures sought to institute or strengthen pledge mandates irrespective of students' civil liberties.…

School Finance in Vermont: Balancing Equal Education and Fair Tax Burdens. Discussion Paper 07-01

ERIC Educational Resources Information Center

Saas, Darcy Rollins

2007-01-01

Vermont lawmakers had grappled with the thorny issue of how to finance public education long before the Vermont Supreme Court's 1997 ruling that the state's funding system was unconstitutional. In "Brigham vs. State," the court found that the system in effect at that time violated the state's constitutional guarantee to equal protection…

Perspectives: Eugenics and Sterilization in the Heartland.

ERIC Educational Resources Information Center

Wehmeyer, Michael L.

2003-01-01

Noting the Governor of Virginia's recent apology for his state's participation in eugenics, this article reviews the history of the sterilization of people with epilepsy and mental retardation in several states, and the importance of the Buck v. Bell (1927) Supreme Court decision in the promotion of eugenics. (Contains references.) (CR)

Resolving the Nonresident Student Problem: Two Federal Proposals

ERIC Educational Resources Information Center

Palley, David B.

1976-01-01

Explains and describes the interstate barriers resulting from state tuition, financial aid, and admissions policies and analyzes courses open to states following a 1973 Supreme Court case and 18-year-old adulthood. The author recommends federal legislation to protect national interests in travel and in quality, low-tuition education. (Editor/JT)

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)

A Grassroots Solution to "De Facto" School Segregation.

ERIC Educational Resources Information Center

Broderick, Mary

1997-01-01

Connecticut is struggling to address the "de facto" desegregation that finds 80% of the state's minority schoolchildren enrolled in only 18 of its 166 school districts. In 1996, the state's supreme court ruled that Connecticut's two-tiered system was violating these students' rights. Southeastern Connecticut's improvement plan reflects…

Sexual Exploitation of Children and Youth. Human Resources Series.

ERIC Educational Resources Information Center

Friend, Shelley A.

1983-01-01

This issue brief explores the problem of child pornography and teenage prostitution and examines some of the strategies federal, state, and local governments employ to address these social problems. After a brief review of Congressional actions and Supreme Court decisions, state statutes affecting pornography and prostitution are reviewed, and…

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

Tax Credit Scholarship Programs and the Law

ERIC Educational Resources Information Center

Sutton, Lenford C.; Spearman, Patrick Thomas

2014-01-01

After "Zelman v. Simmons-Harris" (2002), civil conflict over use of vouchers and taxes to purchase private education, especially in religious schools, largely remained an issue for state courts' jurisprudence. However, in 2010, it returned to the U.S. Supreme Court when Arizona taxpayers challenged the constitutionality of the state's…

Arkansas's Fight for Real Equity

ERIC Educational Resources Information Center

Barth, Jay

2015-01-01

Even as states made educational advances in recent years, they have often struggled to close achievement gaps between white students and students of color and between wealthier and poorer students. Arkansas is a state that has unquestionably made great strides in overall educational adequacy since the Arkansas Supreme Court made a stream of…

33 CFR 161.6 - Preemption.

Code of Federal Regulations, 2011 CFR

2011-07-01

... regulations in this part have preemptive impact over State laws or regulations on the same subject matter. The Coast Guard has determined, after considering the factors developed by the Supreme Court in U.S. v...

Acute Pre-/Post-Treatment with 8th Day SOD-Like Supreme (a Free Radical Scavenging Health Product) Protects against Oxidant-Induced Injury in Cultured Cardiomyocytes and Hepatocytes In Vitro as Well as in Mouse Myocardium and Liver In Vivo.

PubMed

Leong, Pou Kuan; Chen, Jihang; Chan, Wing Man; Leung, Hoi Yan; Chan, Lincoln; Ko, Kam Ming

2017-04-10

8th Day superoxide dismutase (SOD)-Like Supreme (SOD-Like Supreme, a free radical scavenging health product) is an antioxidant-enriched fermentation preparation with free radical scavenging properties. In the present study, the cellular/tissue protective actions of SOD-Like Supreme against menadione toxicity in cultured H9c2 cardiomyocytes and in AML12 hepatocytes as well as oxidant-induced injury in the mouse myocardium and liver were investigated. SOD-Like Supreme was found to possess potent free radical scavenging activity in vitro as assessed by an oxygen radical absorbance capacity assay. Incubation with SOD-Like Supreme (0.5-3% (v/v)) was shown to protect against menadione-induced toxicity in H9c2 and AML12 cells, as evidenced by increases in cell viability. The ability of SOD-Like Supreme to protect against menadione cytotoxicity was associated with an elevation in the cellular reduced glutathione (GSH)/oxidized glutathione (GSSG) ratio in menadione-challenged cells. Consistent with the cell-based studies, pre-/post-treatment with SOD-Like Supreme (0.69 and 2.06 mL/kg, three intermittent doses per day for two consecutive days) was found to protect against isoproterenol-induced myocardial injury and carbon tetrachloride hepatotoxicity in mice. The cardio/hepatoprotection afforded by SOD-Like Supreme was also paralleled by increases in myocardial/hepatic mitochondrial GSH/GSSG ratios in the SOD-Like Supreme-treated/oxidant-challenged mice. In conclusion, incubation/treatment with SOD-Like Supreme was found to protect against oxidant-induced injury in vitro and in vivo, presumably by virtue of its free radical scavenging activity.

Constitutional Law: Right of Privacy--Possession of Marijuana

ERIC Educational Resources Information Center

Rohrer, David E.

1976-01-01

The Alaska Supreme Court in Ravin v. State accepted the defendant's contention that the prohibition of possession of marihuana infringed on his constitutional right to privacy. The significance of the case is discussed. (LBH)

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

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.

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.

The State of the South 2004. Fifty Years after Brown v. Board of Education

ERIC Educational Resources Information Center

Greene, Alison; Guillory, Ferrel; Lipsitz, Joan; Rubin,Sarah

2004-01-01

State of the South 2004 is the fifth edition in North Carolina Manpower Development Corporation MDC's State of the South series, which examines the region's economic and demographic landscape and how Southerners are faring within it. This edition considers the region through the lens of public education, 50 years after the Supreme Court?s Brown…

Teacher Quality Matters. In Evidence: Policy Reports from the CFE Trial, Volume 4.

ERIC Educational Resources Information Center

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

In 2001, a 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, declared the current New York state funding system unconstitutional and ordered the legislature to replace it with a new cost-based system that ensures that every school district has sufficient…

Federal and state public health authority and mandatory vaccination: is Jacobson v Massachusetts still valid?

PubMed

Marshall, Lewis W; Marshall, Brenda L; Valladares, Glenn

2010-01-01

Novel H1N1 influenza virus infected more than 43,000 people, killed 353 and spread to more than 122 countries within a few months. The World Health Organization declared a stage 6 worldwide pandemic. Healthcare workers and hospitals prepared for the worst. Federal and State regulations provided the legal framework to allow for the preparation and planning for a pandemic. One State had mandated both seasonal and Novel H1N1 vaccination of all healthcare workers in an effort to reduce transmission of influenza in healthcare facilities. The US Supreme Court decided in 1905 that the police power of the State permitted a State Department of Health the leeway to mandate vaccination in the face of a contagious disease. Law suits were filed, and a temporary injunction barring mandatory vaccination was entered by the court. While awaiting a court hearing, the mandatory vaccination regulation was rescinded because of the shortage of both seasonal and H1N1 vaccine. Based on the current state of the pandemic and the shortage of vaccination, it is possible that the US Supreme Court would uphold mandatory vaccination in a pandemic.

U.S. Case Law and Legal Precedent Affirming the Due Process Rights of Immigrants Fleeing Persecution.

PubMed

Sidhu, Shawn S; Boodoo, Ramnarine

2017-09-01

The political discourse on domestic immigration policy has shifted rapidly in recent years, mirrored by similar shifts in the geopolitical climate worldwide. However, a nuanced assessment of the legal basis backing such rhetoric is sorely lacking. This article examines the historical, legal, and case law precedent as it pertains specifically to immigrants who are fleeing persecution and residing within the United States. Due process rights emerged from the Fifth, Sixth, and Fourteenth Constitutional Amendments and have been expanded to include this population through several sequential United States Supreme Court Cases. We review the 1951 Convention Related to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees and examine subsequent case law and legal precedent. We then present evidence documenting widespread violations of due process rights for immigrants fleeing persecution. Specifically, we address the right to a fair hearing for individuals fearing for their lives upon return to their home country, the right against wrongful detainment, and the right to apply for asylum regardless of religion or country of origin. We conclude by addressing potential counterarguments to our thesis, future directions, and the role of forensic psychiatrists. © 2017 American Academy of Psychiatry and the Law.

The Legality of School Vouchers: Round Two

ERIC Educational Resources Information Center

McCarthy, Martha

2006-01-01

In 2002 the U.S. Supreme Court ruled that state-supported vouchers, which parents can redeem in private schools, do not offend the Establishment Clause of the First Amendment. Thus, the legality of government vouchers to fund education will be determined primarily on the basis of state law. Specifically, programs are being challenged under state…

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…

An Exploratory Analysis of the Equity of Ohio School Funding

ERIC Educational Resources Information Center

Sweetland, Scott R.

2014-01-01

This research briefly summarizes a series of Ohio Supreme Court litigation known as "DeRolph v. State" and then measures the equality of expenditures among Ohio school districts. "DeRolph v. State" was a high-profile school finance adequacy case. Nevertheless, the high court continuously expressed concern for the financial…

Violating "Lau": Sheltered English Instruction Programs and Equal Educational Opportunity

ERIC Educational Resources Information Center

Johnson, David Cassels; Stephens, Crissa; Nelson, Joan Johnston; Johnson, Eric J.

2018-01-01

This article considers the impact of the "Lau v. Nichols" Supreme Court decision on the education of English learners in Washington State, US In particular, we focus on the most popular educational program in the state, Sheltered English Instruction. We first examine how intertextual links to various policy texts and discourses shape…

Vermont's Act 60: Early Effects of Comprehensive School Finance Reform.

ERIC Educational Resources Information Center

Mathis, William J.

A unanimous 1997 state Supreme Court decision declaring Vermont's educational funding system unconstitutional prompted the legislature to pass Act 60 establishing state block grants and a guaranteed tax-yield system. Act 60 is working to provide equity in tax burdens and in tax rates. A variety of transitional features have helped to buffer…

Limited License Legal Technician. Washington's Community and Technical Colleges

ERIC Educational Resources Information Center

Washington State Board for Community and Technical Colleges, 2014

2014-01-01

A landmark state Supreme Court rule that promises to create new jobs and expand public access to legal help is coming to life at Washington's community and technical colleges. Four colleges--Highline, Edmonds, Tacoma, and Spokane--started training students to become "Limited License Legal Technicians" (LLLTs) in 2014. The state Supreme…

Three Decades of School-Funding Litigation: Has It Been Worthwhile and When Will It End?

ERIC Educational Resources Information Center

Dayton, John

2002-01-01

Reviews state school-funding litigation since the California Supreme Court's 1971 decision in "Serrano v. Priest." Assesses the impact and evolution of state funding litigation; discusses the subsequent erosion of local control; describes potential future funding litigation involving rural schools, local sales taxes, and urban schools.…

The Supreme Court: 1995. Special Edition! Summary of Supreme Court Year.

ERIC Educational Resources Information Center

Fenske, Kenneth F., Ed.

1996-01-01

This special issue is intended to help teachers educate students about today's important U.S. Supreme Court and other judicial decisions, the legal issues they involve, and their impact on students' lives. The issue focuses upon the 1995 term of the Supreme Court and the tendency for the justices to vote unanimously. An overview of the cases and…

"City of Richmond v. J.A. Croson Company": The Decision and Some of Its Implications.

ERIC Educational Resources Information Center

Bell, A. Fleming, II

1989-01-01

The Supreme Court's "Croson" decision has major implications for local government and school administrative units that wish to encourage the use of minority contractors. Discusses the decision and some of the effects that the rules announced in the case may have on North Carolina's local governments and schools. (MLF)

Hillary: The Movie, The History Channel, and the Challenge of the Documentary for Democratic Education

ERIC Educational Resources Information Center

Stoddard, Jeremy

2013-01-01

Background/Context: In "Citizens United vs. Federal Election Commission (2009)," the U.S. Supreme Court cleared the way for corporations to spend unlimited amounts of money to influence citizens' decisions about candidates and issues that will appear on election ballots. More important, however, for democratic educators, the ruling…

Abortion in context: historical trends and future changes.

PubMed

Rossi, A S; Sitaraman, B

1988-01-01

Reform of abortion laws in the United States stemmed from concern over the health consequences of illegal abortion. Feminists were relative latecomers to the movement, and abortion did not become a major political issue until after the Roe v. Wade decision by the Supreme Court. Most social scientists began to study public attitudes toward abortion, which have been relatively stable since that 1973 decision, only after the Supreme Court ruling, and they thus probably missed documenting the period in which the major attitudinal changes occurred. Polls showed that the American public is most likely to approve of abortion when there is a fetal defect and when the pregnancy endangers maternal health or is the result of rape. These single reasons do not seem to jibe with the complexities of real life, however: The majority of women who have abortions indicate more than one reason for doing so, and the major reasons given concern the conflicting responsibilities of school, work and family and an inability to afford another child. A view of the abortion controversy that puts it into a larger context than do most polls and most American research suggests that legal abortion in the United States is unlikely to be jeopardized in the long run. The trend in most Western industrial nations is toward a more secularized society that features more individual discretion and less control by religious and political institutions over private aspects of life. In the immediate future, a number of factors will perpetuate the need for access to abortion. Among them are early sexual activity that often results in pregnancies among very young women; dim prospects for innovative technological advances in the contraceptive field; and the AIDS epidemic, which may result in the use of contraceptives that are more effective against that deadly virus but less effective at preventing pregnancy. Nor will abortion decisions become any easier for the families and individuals involved, as technology continues to advance in its ability to identify fetal defects and to keep alive babies born at earlier and earlier stages of gestation.

Activity: "I Now Pronounce You...Wife and Wife?"

ERIC Educational Resources Information Center

Bonillas, Consuelo

2008-01-01

On October 25, 2006, New Jersey's Supreme Court announced that the state must legally recognize same-sex couples. The high court gave the legislature the responsibility to provide a name to this legal recognition. This issue, though, is not specific to New Jersey, but a national one in which 27 states have amended their constitution to restrict…

School Finance Reform in the "Live Free or Die" State: Personal, Legal, and Policy Responses to "Claremont School District v. Governor."

ERIC Educational Resources Information Center

DeMitchell, Todd A.; Krysiak, Barbara H.

1999-01-01

Summarizes background and aftermath of 1993 and 1997 New Hampshire Supreme Court unconstitutionality rulings against the state education finance system. Highlights "Claremont II," discussing initial responses, the Rubens constitutional amendment, the governor's ABC Plan, the bipartisan constitutional amendment, the 1998 governor race,…

States Talk Back to the Supreme Court: "Students Should Be Heard as Well as Seen."

ERIC Educational Resources Information Center

Shoop, Robert J.

1990-01-01

The "Hazelwood" decision has moved the argument about student rights of freedom of expression from the courthouse to the statehouse. A growing list of states have considered legislation to restore students' rights, and a number of local school boards are also reaffirming the value of a free student press. (MLF)

Progress on School Choice in the States. The Heritage Foundation Backgrounder.

ERIC Educational Resources Information Center

Kafer, Krista

Progress on school choice in the statehouse and courtroom during 2002 set the stage for ambitious 2003 legislative agendas in many states and the U.S. Congress. The U.S. Supreme Court ruled that voucher programs do not violate the Constitution, even when participating schools are overwhelmingly religious. Research supporting choice has grown…

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…

New Hampshire's Quest for a Constitutionally Adequate Education. Discussion Paper 06-2

ERIC Educational Resources Information Center

Olabisi, Oyebola

2006-01-01

A September 8, 2006, ruling by the New Hampshire Supreme Court that the state's current education financing system is unconstitutional was the latest in a long string of court decisions, legislative responses, and subsequent court opinions that have made school funding one of the state's most contentious issues. This report summarizes how the…

Taxation--Rejection of the "Public Purpose" Requirement for State Tax Exemption--In re University of North Carolina.

ERIC Educational Resources Information Center

Massey, David Sanders

1981-01-01

The origin of the "public purpose" requirement in North Carolina and the contrary authority exempting property from taxation solely on the basis of state ownership is examined. The North Carolina Supreme Court declared exemptions for "public purposes" unconstitutional. (Available from: Wake Forest University School of Law,…

Roots of Federal ELL Case Run Deep

ERIC Educational Resources Information Center

Zehr, Mary Ann

2009-01-01

The U.S. Supreme Court will hear oral arguments later this month from a class action Miriam Flores, 42-year-old Mexican-born homemaker, joined on behalf of her first child in 1996. The lawsuit, Flores v. State of Arizona, contends that programs for English-language learners in Nogales are deficient and receive inadequate funding from the state.…

Banning Weapons on Campuses: The Battle Is Far from Won

ERIC Educational Resources Information Center

McLelland, Sandra J.; Frenkil, Steven D.

2009-01-01

Utah is the only state that prohibits its state institutions from barring guns on its campuses. The University of Utah fought that statutory requirement vigorously in court, but the interests of pro-gun groups prevailed. In 2006 the Supreme Court of Utah held that the university lacked the authority to issue firearms policies, including barring…

Separate and Unequal: America's Children, Race, and Poverty

ERIC Educational Resources Information Center

Edelman, Marian Wright; Jones, James M.

2004-01-01

Fifty years ago, the Supreme Court ruled in "Brown v. Board of Education" that: "Segregation of white and Negro children in the public schools of a State solely on the basis of race, pursuant to state laws permitting or requiring such segregation, denies to Negro children the equal protection of the laws guaranteed by the Fourteenth…

State Challenges to "Plyler v. Doe": Undocumented Immigrant Students and Public School Access

ERIC Educational Resources Information Center

Sutton, Lenford C.; Stewart, Tricia J.

2013-01-01

This article presents a review and analysis of selected state laws and initiatives that have attempted to restrict public school access for undocumented immigrant children in the wake of the landmark U.S. Supreme Court decision of "Plyler v. Doe." Sutton and Stewart begin with an overview of the Court's ruling in "Plyler," then…

Cultural change in acceptance of LGBT people: lessons from social marketing.

PubMed

Witeck, Bob

2014-01-01

We are in a new era in American history. Showing a remarkable shift in attitudes toward gay, lesbian, bisexual, and transgender (LGBT) people, the United States appears to be embracing a new, more inclusive view of family life. With positive action in two landmark Supreme Court cases and a rapidly growing number of state legislatures, the trends are strong toward full legal recognition of marriages of same-sex partners and parenthood by both partners in committed gay couples rearing children. And, the trend is international. Many people are both astonished and cheered by the accelerating pace of change in acceptance of LGBT people. Surveys now show that about 60% of Americans support marriage equality so that gay couples may wed. Less than a decade ago, that proportion of Americans opposed gay weddings. This article looks at what has changed, and why, as well as how social marketing, among other forces, lifted the curtain on these unmistakable trends. (c) 2014 APA, all rights reserved.

Nursing and Hospital Abortions in the United States, 1967-1973.

PubMed

Haugeberg, Karissa

2018-03-21

Before elective abortion was legalized nationally in 1973 with the U.S. Supreme Court decision Roe v. Wade, seventeen states and the District of Columbia liberalized their abortion statutes. While scholars have examined the history of physicians who had performed abortions before and after it was legal and of feminists' work to expand the range of healthcare choices available to women, we know relatively little about nurses' work with abortion. By focusing on the history of nursing in those states that liberalized their abortion laws before Roe, this article reveals how women who sought greater control over their lives by choosing abortion encountered medical professionals who were only just beginning to question the gendered conventions that framed labor roles in American hospitals. Nurses, whose workloads increased exponentially when abortion laws were liberalized, were rarely given sufficient training to care for abortion patients. Many nurses directed their frustrations to the women patients who sought the procedure. This essay considers how the expansion of women's right to abortion prompted nurses to question the gendered conventions that had shaped their work experiences.

"To patent or not to patent? the case of Novartis' cancer drug Glivec in India".

PubMed

Gabble, Ravinder; Kohler, Jillian Clare

2014-01-06

Glivec (imatinib mesylate), produced by the pharmaceutical company Novartis, is prescribed in the case of chronic myeloid leukemia, one of the most common blood cancers in eastern countries. After more than a decade of legal battles surrounding its patentability, the Supreme Court of India gave its final decision on April 1st of 2013, rejecting the appeal of the Swiss giant drug manufacturer. In 2006, the Indian Patent Office first refused Glivec's patent under Section 3(d) of the Indian Patent Act arguing that it was only a modified version of an existing drug, Imatinib, and therefore that the drug was not innovative. Novartis replied filing legal challenges against the Indian government but the final verdict in April of 2013 ends the battle. Indeed, the Supreme Court stated that even if the bioavailability of the drug was improved, it did not demonstrate enhanced efficacy and that Glivec was not patentable. The research primarily focused on journal, newspaper and magazine articles relevant to the time frame of the lawsuit (from 1994 to 2013) as well as news searches through Google, Factiva, ProQuest, PubMed, and YouTube where press articles from court verdicts were obtained by using the following keywords: "India", "Novartis", "Glivec", "Patent", "Novartis Case", and "Supreme Court of India". The data sources were interpreted and analyzed according to the authors' own prior knowledge and understanding of the exigencies of the TRIPS Agreement. This case illuminates how India is interpreting international law to fit domestic public health needs. The Novartis case arguably sets an important precedent for the global pharmaceutical industry and ideally will help improve access to lifesaving medicines in the developing world by demanding that patient health needs supersede commercial interests. The Supreme Court of India's decision may affect the interpretation of the article of the TRIPS Agreement, which states members shall be free to determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice.

DEVELOPING A REGULATORY PROGRAM FOR ISOLATED WETLANDS IN WASHINGTON

EPA Science Inventory

The Supreme Court's recent decision on isolated wetlands leaves many wetlands in Washington unprotected. Previously these wetlands were regulated through use of state-issued CWA ?401 water quality certifications, during the Corps of Engineers ?404 permitting process. But since ...

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)

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…

Whitner v. State.

PubMed

1997-11-19

The Supreme Court of South Carolina held that a viable fetus is a child within the meaning of the state's child endangerment statute. The court defined a viable fetus as one that is capable of independent life apart from the mother. In this case, the mother had ingested crack cocaine during the third trimester of her pregnancy and was convicted of criminal child neglect by a lower court. Her petition for post-conviction relief was granted by the lower court. On appeal, the Supreme Court of South Carolina reversed the lower court's decision, rejecting, as without merit, the mother's arguments that her conviction had violated both her due process rights, and her right to privacy under the Fourteenth Amendment to the U.S. Constitution. The court ruled that the state had a compelling interest to ensure the life and health of a viable fetus. Two justices dissented, one on the grounds that the term "child" in the child endangerment statute did not apply to fetuses, and one on the grounds that the statute does not regulate the conduct of a woman toward her unborn child.

Obscenity: Three Case Studies.

ERIC Educational Resources Information Center

Kelly, Margie

The Supreme Court's controversial "community standards" ruling in "Miller v. California" (1973) states that for materials to be judged obscene, they no longer need to be "utterly without redeeming social value," but must lack serious literary, artistic, political or scientific value, and that the question of…

Death Penalty in America.

ERIC Educational Resources Information Center

Clifford, Amie L.

1997-01-01

Examines the legal and moral issues, controversies, and unique trial procedures involved with the death penalty. Discusses the 1972 landmark Supreme Court decision that resulted in many states abolishing this punishment, only to reintroduce it later with different provisions. Reviews the controversial case of Sam Sheppard. (MJP)

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.

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

State regulation of nuclear power and national energy policy

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

Moeller, J.W.

1992-12-31

In April 1983 and January 1984, the United States Supreme Court rendered two decisions that redefined the metes and bounds of federal preemption of commercial nuclear power plant regulation. In Pacific Gas & Electric Co. v. State Energy Resources Conservation and Development Commission (PG&E), the court decided that the Atomic Energy Act of 1954, as amended (the Act), did not preempt a California state law that established a moratorium on commercial nuclear power plant construction. In Silkwood v. Kerr-McGee Corporation, the Court also decided that the Act did not preempt a claim for damages under state tort law for radiologicalmore » injuries suffered in a nuclear fuel facility regulated by the United States Nuclear Regulatory Commission (NRC). The two decisions redefined the extent of federal preemption, under the Act and other federal law, of nuclear plant regulation as well as the extend of state regulation of nuclear plants. In the eight years since PG&E and Silkwood, numerous other developments have eroded further the breadth of federal preemption of commercial nuclear power plant regulation. This Article explores the developments, since PG&E and Silkwood, that have expanded further the scope of state and local regulation of commercial nuclear power plants. Specifically, the Article first identifies the extent of state and local participation in nuclear power regulation provided by the Act and other federal loan relevant to commercial nuclear power. Second, it discusses in detail the PG&E and Silkwood decisions. The Article also considers the impact of seven specific developments on the legislative implementation of a national energy policy that contemplates a role for nuclear power.« less

Southern Schools: More than a Half-Century after the Civil Rights Revolution

ERIC Educational Resources Information Center

Frankenberg, Erica; Hawley, Genevieve Siegel; Ee, Jongyeon; Orfield, Gary

2017-01-01

The South was the central focus of the "Brown v. Board of Education" decision from the U.S. Supreme Court in 1954. The landmark ruling held that laws mandating segregation in the school systems of the eleven states of the Old Confederacy, along with D.C. and six other states, violated the U.S. Constitution. Intense opposition met the…

Mandated Mental Health Insurance: A Complex Case of Pros and Cons. Human Resources Series.

ERIC Educational Resources Information Center

Paterson, Andrea

1986-01-01

The pros and cons of state laws mandating mental health insurance are discussed in this report. The history of a 1985 Supreme Court case which held that states could mandate mental health benefits introduces the report. In an overview of the issue, the long-standing argument between the insurance industry and the mental health establishment is…

Flame On: The Fight Over Vouchers will be a War within the States.

ERIC Educational Resources Information Center

Darden, Edwin C.

This short paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses educational voucher programs. It states that proponents of voucher programs, having scored a major victory in the U.S. Supreme Court with "Zelman v. Simmons-Harris" (2002), will…

Heading for a Fall: State Restrictions on Voucher Programs Rest on Shaky Foundation

ERIC Educational Resources Information Center

Dunn, Joshua

2016-01-01

In June 2015, the Colorado Supreme Court struck down a successful voucher program in Douglas County, invoking a provision of the state constitution that harks back to an era of widespread prejudice against Catholics. But because of the court's reliance on this discriminatory provision, its decision could well be overturned by the U.S. Supreme…

Constitutional Law--State Action--Golden v. Biscayne Bay Yacht Club: Preventing Discrimination by Private Clubs

ERIC Educational Resources Information Center

Patrick, Michael W.

1976-01-01

Although the Supreme Court has refrained from answering whether the membership policies of private clubs can be attacked on state action grounds, the Fifth Circuit Court of Appeals held in the affirmative in Golden v. Biscayne Bay Yacht Club. It ruled that leasing publicly owned bay bottom land to a yacht club constituted sufficient state…

Supreme Court's New Term. Supreme Court Roundup.

ERIC Educational Resources Information Center

Williams, Charles F.

2002-01-01

Discusses the issues addressed in the 2002 U.S. Supreme Court term, such as the First, Fourth, Eighth, and Fourteenth Amendments, cruel and unusual punishment, sex offender registries, fair housing, cross burning, jury selection, affirmative action, abortion protests, and copyrights and the public domain. (CMK)

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

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.

Conforming to the rule of law: when person and human being finally mean the same thing in Fourteenth Amendment jurisprudence.

PubMed

Lugosi, Charles I

The Fourteenth Amendment was intended to protect people from discrimination and harm from other people. Racism is not the only thing people need protection from. As a constitutional principle, the Fourteenth Amendment is not confined to its historical origin and purpose, but is available now to protect all human beings, including all unborn human beings. The Supreme Court can define "person" to include all human beings, born and unborn. It simply chooses not to do so. Science, history and tradition establish that unborn humans are, from the time of conception, both persons and human beings, thus strongly supporting an interpretation that the unborn meet the definition of "person" under the Fourteenth Amendment. The legal test used to extend constitutional personhood to corporations, which are artificial "persons" under the law, is more than met by the unborn, demonstrating that the unborn deserve the status of constitutional personhood. There can be no "rule of law" if the Constitution continues to be interpreted to perpetuate a discriminatory legal system of separate and unequal for unborn human beings. Relying on the reasoning of the Supreme Court in Brown v. Board of Education, the Supreme Court may overrule Roe v. Wade solely on the grounds of equal protection. Such a result would not return the matter of abortion to the states. The Fourteenth Amendment, properly interpreted, would thereafter prohibit abortion in every state.

Legal aspects of administrating antipsychotic medications to jail and prison inmates.

PubMed

Dlugacz, Henry; Wimmer, Christopher

2013-01-01

The administration of antipsychotic medications to jail and prison inmates involves two related components: conducting the informed consent process in a coercive environment and, where consent is not obtained, forcible administration of medication if needed. In the United States, both involve common law, statutory, and constitutional principles. Obtaining informed consent in correctional institutions is complicated. Patients in correctional institutions lack access to alternate sources of information, and depend on the correctional system completely - a system which they may distrust. This may influence the patient's view of the administering physician. Where consent cannot be obtained, forcible administration may be legally permissible for two primary reasons: to restore a criminal defendant to competency in order to stand trial and to ameliorate severe symptoms of mental disability, particularly when they threaten the safety of self, others, or in some instances, property. The interests at stake for the individual and the government, and the legal standards developed to balance these interests, differ between the two situations. When considering challenges to forcible medication of inmates serving a prison sentence, the United States Supreme Court has treated the interest of the institution in maintaining security as paramount. By contrast, when considering challenges to forcible medication of pretrial detainees, the Court's concern for the fair trial rights guaranteed by the Sixth Amendment has seemingly led it to moderate its emphasis on security. However, this distinction is not stable and may in fact be breaking down, as the recent case of Jared Loughner demonstrates. This article discusses the various federal, state, and international legal standards applicable to both informed consent and forcible medication, and their implementation in the correctional setting, focusing on issues related to the United States. Copyright © 2013 Elsevier Ltd. All rights reserved.

The absence of cruelty is not the presence of humanness: physicians and the death penalty in the United States.

PubMed

Zivot, Joel B

2012-12-03

The death penalty by lethal injection is a legal punishment in the United States. Sodium Thiopental, once used in the death penalty cocktail, is no longer available for use in the United States as a consequence of this association. Anesthesiologists possess knowledge of Sodium Thiopental and possible chemical alternatives. Further, lethal injection has the look and feel of a medical act thereby encouraging physician participation and comment. Concern has been raised that the death penalty by lethal injection, is cruel. Physicians are ethically directed to prevent cruelty within the doctor-patient relationship and ethically prohibited from participation in any component of the death penalty. The US Supreme Court ruled that the death penalty is not cruel per se and is not in conflict with the 8th amendment of the US constitution. If the death penalty is not cruel, it requires no further refinement. If, on the other hand, the death penalty is in fact cruel, physicians have no mandate outside of the doctor patient relationship to reduce cruelty. Any intervention in the name of cruelty reduction, in the setting of lethal injection, does not lead to a more humane form of punishment. If physicians contend that the death penalty can be botched, they wrongly direct that it can be improved. The death penalty cocktail, as a method to reduce suffering during execution, is an unverifiable claim. At best, anesthetics produce an outward appearance of calmness only and do not address suffering as a consequence of the anticipation of death on the part of the condemned.

The absence of cruelty is not the presence of humanness: physicians and the death penalty in the United States

PubMed Central

2012-01-01

The death penalty by lethal injection is a legal punishment in the United States. Sodium Thiopental, once used in the death penalty cocktail, is no longer available for use in the United States as a consequence of this association. Anesthesiologists possess knowledge of Sodium Thiopental and possible chemical alternatives. Further, lethal injection has the look and feel of a medical act thereby encouraging physician participation and comment. Concern has been raised that the death penalty by lethal injection, is cruel. Physicians are ethically directed to prevent cruelty within the doctor-patient relationship and ethically prohibited from participation in any component of the death penalty. The US Supreme Court ruled that the death penalty is not cruel per se and is not in conflict with the 8th amendment of the US constitution. If the death penalty is not cruel, it requires no further refinement. If, on the other hand, the death penalty is in fact cruel, physicians have no mandate outside of the doctor patient relationship to reduce cruelty. Any intervention in the name of cruelty reduction, in the setting of lethal injection, does not lead to a more humane form of punishment. If physicians contend that the death penalty can be botched, they wrongly direct that it can be improved. The death penalty cocktail, as a method to reduce suffering during execution, is an unverifiable claim. At best, anesthetics produce an outward appearance of calmness only and do not address suffering as a consequence of the anticipation of death on the part of the condemned. PMID:23199336

And Poor Children Continue to Wait: An Analysis of Horizontal and Vertical Equity among North Carolina School Districts in the Face of Judicially Mandated Policy Restraints 1996-2006

ERIC Educational Resources Information Center

Rolle, Anthony; Houck, Eric A.; McColl, Ann

2008-01-01

During the late 1990s, North Carolina's education finance mechanism--known as the Public School Fund (PSF)--was challenged in a series of litigation known as "Leandro v. State of North Carolina". Though the State Supreme Court's analyses left the state's finance mechanism unchanged, there remains to date no systematic evaluation of the…

The State of Civil Rights: 1976.

ERIC Educational Resources Information Center

Commission on Civil Rights, Washington, DC.

The review documents civil rights developments during 1976, concentrating on positive developments such as school desegregation, increased political participation by minorities and women, and on negative developments such as economic recession and inadequate civil rights enforcement. Section I provides information on the Supreme Court's 1976…

Maintaining Order--and the Rights of Citizens.

ERIC Educational Resources Information Center

Farrell, John S.

1997-01-01

Discusses the constitutional protection of individual rights, particularly how they relate to the conduct of law enforcement. Summarizes a number of Supreme Court decisions and the legal precedents they established. Considers the various jurisdictions and duties of federal, state, and local law enforcement agencies. (MJP)

Property.

ERIC Educational Resources Information Center

Piele, Philip K.; Forsberg, James R.

This chapter summarizes recent state supreme court and federal court decisions involving school property. The cases discussed are generally limited to those decided during 1975 and reported in the General Digest as of March 1976. In their discussion, the authors attempt to integrate related cases and to illuminate any unifying legal principles…

DNA Dilemma: A Perspective on Current U.S. Patent and Trademarh Office Philosophy Concerning Life Patents

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

Franz, K.; Faletra, P.

The lack of a solid set of criteria for determining patentability of subject matter - particularly subject matter dealing with life - has recently been of increasing public concern in the United States. Alarm for patent practices related to life systems ranges from patents being granted on biochemical processes and the knowledge of these processes to the patenting of entire organisms. One of the most volatile concerns is the patenting of human genes or parts of genes since this genetic material is the basic informational molecule for all life. Current patent law, legislated in 1952, has been interpreted by themore » U.S. Supreme Court to allow broad patents of DNA, biochemical processes, and what are generally considered 'inventions' of life systems. Several issues are addressed in this paper regarding the unsound reasoning underlying both the interpretation and execution of patent law. Lapses in logic provide a gateway for businesses and individuals to take patenting to an illogical and unworkable extreme. Patent Office disorder of this magnitude is unnecessary and has great potential for harming the mission that the patent office was designed to serve. Recently disclosed patent-granting guidelines suggest the United States Patent and Trademark Office is not upholding its Constitutional responsibility of promoting the progress of science.« less

Task Force Butler: A Case Study in the Employment of an Ad Hoc Unit in Combat Operations, During Operation Dragoon, 1-30 August 1944

DTIC Science & Technology

2007-12-14

13 It was not until 2 July 1944, that General Sir Henry Maitland Wilson, the Supreme Allied Commander, Mediterranean Theater, was ordered to launch...John. I Remember, Stories of a Combat Infantrymen in World War II. Livermore: Camino Press, 1993. Summer, Ian . The French Army 1939-45 (1). Men-at

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.

Unborn children as constitutional persons.

PubMed

Roden, Gregory J

2010-01-01

In Roe v. Wade, the state of Texas argued that "the fetus is a 'person' within the language and meaning of the Fourteenth Amendment." To which Justice Harry Blackmun responded, "If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment." However, Justice Blackmun then came to the conclusion "that the word 'person,' as used in the Fourteenth Amendment, does not include the unborn." In this article, it is argued that unborn children are indeed "persons" within the language and meaning of the Fourteenth and Fifth Amendments. As there is no constitutional text explicitly holding unborn children to be, or not to be, "persons," this argument will be based on the "historical understanding and practice, the structure of the Constitution, and thejurisprudence of [the Supreme] Court." Specifically, it is argued that the Constitution does not confer upon the federal government a specifically enumerated power to grant or deny "personhood" under the Fourteenth Amendment. Rather, the power to recognize or deny unborn children as the holders of rights and duties has been historically exercised by the states. The Roe opinion and other Supreme Court cases implicitly recognize this function of state sovereignty. The states did exercise this power and held unborn children to be persons under the property, tort, and criminal law of the several states at the time Roe was decided. As an effect of the unanimity of the states in holding unborn children to be persons under criminal, tort, and property law, the text of the Equal Protection Clause of the Fourteenth Amendment compels federal protection of unborn persons. Furthermore, to the extent Justice Blackmun examined the substantive law in these disciplines, his findings are clearly erroneous and as a whole amount to judicial error. Moreover, as a matter of procedure, according to the due process standards recognized in Fifth Amendment jurisprudence of the Supreme Court, Roe v. Wade should be held null and void as to the rights and interests of unborn persons.

Carol Anne Bond v the United States of America: how a woman scorned threatened the Chemical Weapons Convention.

PubMed

Muldoon, Anna; Kornblet, Sarah; Katz, Rebecca

2011-09-01

The case of Carol Anne Bond v the United States of America stemmed from a domestic dispute when Ms. Bond attempted to retaliate against her best friend by attacking her with chemical agents. What has emerged is a much greater issue--a test of standing on whether a private citizen can challenge the Tenth Amendment. Instead of being prosecuted in state court for assault, Ms. Bond was charged and tried in district court under a federal criminal statute passed as part of implementation of the Chemical Weapons Convention (CWC). Ms. Bond's argument rests on the claim that the statute exceeded the federal government's enumerated powers in criminalizing her behavior and violated the Constitution, while the government contends legislation implementing treaty obligations is well within its purview. This question remains unanswered because there is dispute among the lower courts as to whether Ms. Bond, as a citizen, even has the right to challenge an amendment guaranteeing states rights when a state is not a party to the action. The Supreme Court heard the case on February 22, 2011, and, if it decides to grant Ms. Bond standing to challenge her conviction, the case will be returned to the lower courts. Should the court decide Ms. Bond has the standing to challenge her conviction and further questions the constitutionality of the law, it would be a significant blow to implementation of the CWC in the U.S. and the effort of the federal government to ensure we are meeting our international obligations.

U.S. Seeks Reversal to Let VMI Stay All Male.

ERIC Educational Resources Information Center

Jaschik, Scott

1995-01-01

The Clinton administration has asked the Supreme Court to force Virginia Military Institute, currently all male, to admit women rather than have the state create a similar leadership program for women at another institution. The case parallels litigation in South Carolina involving the Citadel. (MSE)

Think Twice about Drug Tests.

ERIC Educational Resources Information Center

Hardy, Lawrence

2003-01-01

States that schools should think twice before adopting a random drug-testing program for students involved in extracurricular activities even though the U.S. Supreme Court's 5-4 decision in "Board of Education v. Earls" upheld its constitutionality. Briefly describes dissenting opinions in "Earls" and opposition to drug testing…

School Safety and Congress. Teaching Strategy.

ERIC Educational Resources Information Center

Kopecky, Frank

1995-01-01

Presents a lesson plan that examines the effects of Supreme Court decisions on state/federal relations using the issue of school safety. Student handouts discuss the constitutionality of the Gun Free School Zones Act as it relates to a specific criminal case. Activities include several structured discussions. (MJP)

Property.

ERIC Educational Resources Information Center

Piele, Philip K.; Forsberg, James R.

This chapter summarizes and analyze all state supreme court and federal court decisions as well as other significant court decisions involving school property. The cases discussed are generally limited to those decided during 1974 and reported in the General Digest on or before March 1, 1975. In their discussion, the authors attempt to integrate…

Staying in School. IDRA Focus.

ERIC Educational Resources Information Center

IDRA Newsletter, 1996

1996-01-01

This theme issue focuses on issues related to high Texas dropout rates among Hispanic and other minority group students and on dropout prevention strategies. "School Finance Inequities Mean Schools Are Not Ready To Teach" (Maria Robledo Montecel) deplores the recent Texas Supreme Court ruling that state educational funding is…

The Supreme Court in the Culture Wars.

ERIC Educational Resources Information Center

Rabkin, Jeremy

1996-01-01

Argues that the U.S. Supreme Court has been an active and liberally biased participant in the U.S. culture war. Historical evidence is presented, including areas of tuition tax credit and segregated private schools, abortion and the Right-to-Life movement, and prayer in public schools. The author discusses how the Supreme Court has strengthened…

Supreme Court Review

ERIC Educational Resources Information Center

Williams, Charles F.

2008-01-01

This article looks at various cases of the Supreme Court's most recent term. In contrast to the 2006-2007 term when the Supreme Court was regularly split 5-4, during this last term, the justices have formed surprising coalitions in cases considered highly controversial. For example, it was the so-called liberal bloc's Justice Stevens who wrote the…

Supreme Court Biographies as a Classroom Resource

ERIC Educational Resources Information Center

Ryan, John Paul

2009-01-01

In this article, the author goes beyond Supreme Court decisions to investigate the upbringing and personalities of three Supreme Court justices who left their mark on history: Oliver Wendell Holmes, Jr., Thurgood Marshall, and Sandra Day O'Connor. His interviews with their biographers, G. Edward White for Oliver Wendell Holmes Jr., Juan Williams…

Joint Chiefs of Staff > Media > Photos

Science.gov Websites

U.S. Army Gen. Curtis M. Scaparrotti, left, Commander of U.S. European Command and Supreme Allied , Commander of U.S. European Command and Supreme Allied Commander, Europe; speaks after receiving the . U.S. Army Gen. Curtis M. Scaparrotti, Commander of U.S. European Command and Supreme Allied Commander

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,…

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.

Uninsured Workers Have More Severe Hospitalizations: Examining the Texas Workers' Compensation System, 2012.

PubMed

Boggess, Bethany; Scott, Brittany; Pompeii, Lisa

2017-08-01

Texas' unique elective system of workers' compensation (WC) coverage is being discussed widely in the United States as a possible model to be adopted by other states. Texas is the only state that does not mandate that employers provide state-certified WC insurance. Oklahoma passed legislation for a similar system in 2013, but it was declared unconstitutional by the Oklahoma Supreme Court in 2016. This study examined 9523 work-related hospitalizations that occurred in Texas in 2012 using Texas Department of State Health Services data. We sought to examine work-related injury characteristics by insurance source. An unexpected finding was that among those with WC, 44.6% of the hospitalizations were not recorded as work related by hospital staff. These unrecorded cases had 1.9 (1.6-2.2) times higher prevalence of a severe risk of mortality compared to WC cases that were recorded as work related. Uninsured and publicly insured workers also had a higher prevalence of severe mortality risk. The hospital charges for one year were $615.2 million, including at least $102.8 million paid by sources other than WC, and with $29.6 million that was paid for by injured workers or by taxpayers. There is an urgent need for more research to examine how the Texas WC system affects injured workers.

Access to health care and equal protection of the law: the need for a new heightened scrutiny.

PubMed

Mariner, W K

1986-01-01

Proposals to reduce national expenditures for health care under Medicare and other programs raise questions about the limits on legislative power to distribute health care benefits. The constitutional guarantee of equal protection has been a weak source of protection for the sick, largely because they fail to qualify for special scrutiny under traditional equal protection analysis. Recent decisions of the United States Supreme Court suggest that the Justices seek a newer, more flexible approach to reviewing claims of unequal protection. This Article examines the application of the equal protection guarantee to health-related claims. It argues that traditional equal protection analysis is too rigid and newer rationality review too imprecise to provide just eligibility determinations. The Article concludes that courts should subject claims of unequal protection in the health care context to heightened scrutiny, as health care plays a special role in assuring equality of opportunity.

The Impact of Myriad on the Future Development and Commercialization of DNA-Based Therapies and Diagnostics

PubMed Central

Wales, Michele; Cartier, Eddie

2015-01-01

One of the reasons that the United States is a leader in biotechnology is its strong and reliable patent system. However, the Supreme Court’s decision in Myriad potentially limits an inventor’s ability to protect her DNA-based inventions. Fortunately, with creativity, there are numerous ways in which to “claim around” Myriad, enabling inventors to fully protect their diagnostic or therapeutic inventions. Thus, under a proper reading of the holding, the potential negative effect of Myriad on the progress of biotechnology would be negligible. Unfortunately, the U.S. Patent and Trademark Office has promulgated revised examination procedures in the wake of Myriad that have the potential to greatly limit the patentability of all inventions based on products found in nature and create uncertainty that will not be resolved in the near future. PMID:26337114

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.

Saudi Arabia Country Analysis Brief

EIA Publications

2014-01-01

Saudi Arabia is the world's largest holder of crude oil proved reserves and was the largest exporter of total petroleum liquids in 2013. In 2013, Saudi Arabia was the world's second-largest petroleum liquids producer behind the United States and was the world's second-largest crude oil producer behind Russia. Saudi Arabia's economy remains heavily dependent on petroleum. Petroleum exports accounted for 85% of total Saudi export revenues in 2013, according to the Organization of the Petroleum Exporting Countries (OPEC)'s Annual Statistical Bulletin 2014. With the largest oil projects nearing completion, Saudi Arabia is expanding its natural gas, refining, petrochemicals, and electric power industries. Saudi Arabia's oil and natural gas operations are dominated by Saudi Aramco, the national oil and gas company and the world's largest oil company in terms of production. Saudi Arabia's Ministry of Petroleum and Mineral Resources and the Supreme Council for Petroleum and Minerals have oversight of the oil and natural gas sector and Saudi Aramco.

Baseball Bats and Chocolate Chip Cookies: The Judicial Treatment of DNA in the Myriad Genetics Litigation

PubMed Central

Binnie, Ian; Park-Thompson, Vanessa

2015-01-01

In June 2013, the U.S. Supreme Court rendered a controversial ruling that naturally occurring DNA segments are “products of nature” and therefore not patentable subject matter. At this intersection between science and law, in litigation of crucial importance to patients, science, and multibillion-dollar biotech enterprises, the appellate judges sidestepped genetics and engaged in a war of metaphors from diamonds to chocolate chip cookies. This case is not an outlier. Apprehensive judges and juries in both Canada and the United States find many convenient excuses to avoid coming to grips with the underlying science in patent cases. But this is simply not acceptable. Legal rulings must be, and must seem to be, well grounded, as a matter of both law and science. The legitimacy of court decisions in the eyes of the stakeholders and the broader public depends on it. PMID:25524722

A world without Roe: how different would it be?

PubMed

Glendon, M A

1989-01-01

In anticipation of the U.S. Supreme Court's decision in Webster v. Reproductive Health Services (3 Jul 1989), this issue of the Hastings Center Report includes articles by Glendon, M. Mahowald, and N. Rhoden under the unifying title "Abortion: searching for common ground." Each author acknowledges the polarization of public and political opinion after the Court's 1973 Roe v. Wade decision, and seeks to establish a common ground in the abortion debate upon which a regulatory structure could be built. Glendon, author of the monograph Abortion and Divorce in Western Law: American Failures, European Challenges (Harvard; 1987), describes Roe as the most permissive abortion law in the industrializled West. She suggests that the United States might look to European laws as models where experience has shown that political compromise is possible when regulating abortion in countries where public opinion on the issue is deeply divided.

The bribery statute: a new weapon against Medicare fraud.

PubMed

Cozort, L A

2001-03-01

A May 2000 U.S. Supreme Court decision determining when a Federal bribery statute can be used to fight Medicare fraud has ramifications for healthcare providers. In Fischer v. United States, the Court concluded that healthcare providers that participate in Medicare are considered to receive benefits as set forth in the bribery statute and thus can be prosecuted for fraudulent activities against the government under the statute. The statute mandates a fine, imprisonment for up to 10 years, or both for anyone convicted under it. Provider organizations that receive Medicare payments and business associates of such organizations should be aware that the government may step up its use of the bribery law in prosecuting fraudulent activity. In addition, although the case pertained specifically to healthcare providers that participate in Medicare, providers that do not participate in Medicare may wish to evaluate the advisability of accepting other Federal funding because of the possible reach of the bribery statute.

Strategic analysis of a water rights conflict in the south western United States.

PubMed

Philpot, Simone; Hipel, Keith; Johnson, Peter

2016-09-15

A strategic analysis of the ongoing conflict between Nevada and Utah, over groundwater allocation at Snake Valley, is carried out in order to investigate ways on how to resolve this dispute. More specifically, the Graph Model for Conflict Resolution is employed to formally model and analyze this conflict using the decision support system called GMCR+. The conflict analysis findings indicate that the dispute is enduring because of a lack of incentive and opportunity for any party to move beyond the present circumstances. Continued negotiations are not likely to resolve this conflict. A substantial change in the preferences or options of the disputants, or new governance tools will be required to move this conflict forward. This may hold lessons for future groundwater conflicts. It is, however, increasingly likely that the parties will require a third party intervention, such as equal apportionment by the US Supreme Court. Copyright © 2016 Elsevier Ltd. All rights reserved.

The ethical "elephant" in the death penalty "room".

PubMed

Keane, Michael

2008-10-01

The United States Supreme Court recently ruled that execution by a commonly used protocol of drug administration does not represent cruel or unusual punishment. Various medical journals have editorialized on this drug protocol, the death penalty in general and the role that physicians play. Many physicians, and societies of physicians, express the opinion that it is unethical for doctors to participate in executions. This Target Article explores the harm that occurs to murder victims' relatives when an execution is delayed or indefinitely postponed. By using established principles in psychiatry and the science of the brain, it is shown that victims' relatives can suffer brain damage when justice is not done. Conversely, adequate justice can reverse some of those changes in the brain. Thus, physician opposition to capital punishment may be contributing to significant harm. In this context, the ethics of physician involvement in lethal injection is complex.

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)

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)

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…

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…

Tort Liability.

ERIC Educational Resources Information Center

Hudgins, H. C., Jr.

This chapter summarizes recent state supreme court and federal court decisions involving the tort liability of school districts and school personnel. The cases discussed are generally limited to those decided during 1975 and reported in the General Digest as of March 1976, although a few 1974 cases not treated in the 1975 yearbook are also…

Tort Liability.

ERIC Educational Resources Information Center

Hudgins, H. C., Jr.

This chapter summarices and analyzes all state supreme court and federal court decisions as well as other significant court decisions involving the tort liability of school districts and school personnel. The cases discussed are generally limited to those decided during 1974 and reported in the General Digest on or before March 1, 1975. In his…

Librarians and the First Amendment after Nixon

ERIC Educational Resources Information Center

Hentoff, Nat

1974-01-01

Reviews the state of first amendment freedoms today and postulates their erosion in the near future. Includes discussions of the balanced presentation and fairness doctrines, decline of press freedoms, privacy of library circulation records, the Nixon Supreme Court decisions on obscenity, the FCC suppression of broadcasters' freedom of speech,…

Governance.

ERIC Educational Resources Information Center

Moran, K. D.

This chapter summarized and analyzes all state supreme court and federal court decisions as well as other significant court decisions affecting the realm of school governance. The cases discussed are generally limited to those decided during 1974 and reported in the General Digest on or before March 1, 1975. Because of its unusual significance,…

The Arkansas Nightmare.

ERIC Educational Resources Information Center

Schoppmeyer, Martin W., Sr.; Noggle, F. Kellar; Portman, Gerald L.; Schoppmeyer, Martin W., Jr.

This paper examines recent efforts in Arkansas to nullify property taxes. It describes how anti-tax citizens, whose push for a constitutional amendment in 1998 was thwarted by the state supreme court, have vowed to collect enough signatures to place the amendment on the 2000 ballot. The proposed amendment will abolish ad valorem taxes upon real…

Vouchers--A Legal Draw. A Response to Benjamin Dowling-Sendor.

ERIC Educational Resources Information Center

Underwood, Julie

1999-01-01

A court-approved Milwaukee voucher program permits up to 15% of the city's public schoolchildren to attend private/religious schools at state expense. This represents no victory for vouchers. Although the Wisconsin Supreme Court found vouchers constitutional, it may not believe they are valid under the federal constitution. (MLH)

Access to Tax Exempt Bonds by Religious Higher Education Institutions.

ERIC Educational Resources Information Center

Mawdsley, Ralph D.

1991-01-01

The Virginia Supreme Court unanimously ruled that the issuance of tax exempt bonds to a religiously affiliated university violated both state and federal constitutions. Reviews the court decision, analyzes the constitutional issues, and contends that court actions intruded beyond the permissible boundaries of constitutional neutrality. (38…

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…

Preserving Our Liberty.

ERIC Educational Resources Information Center

Glasser, Ira

1992-01-01

By law and example, school boards must govern within scope of Bill of Rights. Cites West Virginia State Board of Education v Barnette, in which Supreme Court in 1943 upheld two Jehovah's Witness children's right to refuse to participate in daily flag salute ceremony. Urges schools to teach students principles of democracy and also of individual…

Educating Citizens: International Perspectives on Civic Values and School Choice

ERIC Educational Resources Information Center

Wolf, Patrick J., Ed.; Macedo, Stephen, Ed.

2004-01-01

In the wake of the Supreme Court's landmark ruling upholding school choice, policymakers across the country are grappling with the challenge of funding and regulating private schools. Towns, cities, and states are experimenting with a variety of policies, including vouchers, tax credits, and charter schools. Meanwhile, public officials and…

ISOLATED WETLANDS: STATE-OF-THE-SCIENCE AND FUTURE DIRECTIONS

EPA Science Inventory

The U.S. Supreme Court case of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) has had profound implications on the legal status of isolated wetlands. As a result of this decision, policymakers and regulators need information on the ecological...

ISOLATED WETLANDS: STATE-OF-THE-SCIENCE AND FUTURE DIRECTIONS

EPA Science Inventory

In Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), the U.S. Supreme Court held that isolated, intrastate, non-navigable waters could not be protected under the Clean Water Act based solely on their use by migratory birds. The SWANCC decision ...

The Texas Public Education Challenge. Policy Brief No. 1

ERIC Educational Resources Information Center

Center for Public Policy Priorities, 2006

2006-01-01

This is the first in a trilogy of policy briefs discussing public education and taxes. This brief discusses the challenge facing Texas in funding public education. This brief also explains why the Texas Supreme Court's recent decision in "West Orange-Cove II" requires increased state appropriations for public education.

Cameras in the Courtroom: From Hauptmann to Wisconsin.

ERIC Educational Resources Information Center

Hoyt, James L.

After questionable behavior was exhibited by photojournalists at the Bruno Richard Hauptmann trial in 1935, many states adopted a recommendation of the American Bar Association (Canon 35) and totally banned film and electronic coverage of courtroom proceedings. The ban of media became almost complete in this country after the Supreme Court…

Analysis of 2008 NCLB Accountability for ELL Students in California

ERIC Educational Resources Information Center

Chavez, Lisa

2009-01-01

In "Horne v. Flores," Petitioners in the Supreme Court have argued, among other things, that compliance with the No Child Left Behind Act (NCLB) should satisfy state obligations and, other than "individual instances of discrimination," district obligations to comply with the Equal Educational Opportunities Act. The purpose of…

School Employees and the 1965 Voting Rights Act.

ERIC Educational Resources Information Center

Phay, Robert E.

1979-01-01

The Supreme Court has now made clear that, in covered states, school governing boards may not require employees to take a leave of absence while campaigning for public office unless they clear such policy with the District Court for the District of Columbia or the U.S. Attorney General. (Author/IRT)

Academic Freedom and Artistic Freedom.

ERIC Educational Resources Information Center

Strossen, Nadine

1993-01-01

Personal rights have been targeted by the Supreme Court, executive branch, Congress, state and local governments, private pressure groups, and the public. All are looking for quick solutions to society's problems. Current threats to academic and artistic expression are substantial, but some free speech advocates are still willing to meet the…

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)

Mapping the Risks. Assessing the Homeland Security Implications of Publicly Available Geospatial Information

DTIC Science & Technology

2004-01-01

Defense Nuclear Facilities Safety Board 1 0.2 Export-Import Bank 1 0.2 National Archives and Records Administration 1 0.2 Supreme Court of the United...Agency Commodity Futures Trading Commission Consumer Product Safety Commission Defense Nuclear Facilities Safety Board Environmental Protection Agency...Intelligence www.cia.gov Defense Nuclear Facilities Safety Board Defense Nuclear Facilities Safety Board www.dnfsb.gov Department of

Translations on USSR Military Affairs No. 1360.

DTIC Science & Technology

1978-07-03

grown many times. A future war , if it should come, will inevitably be transformed into a clash between two world systems. An uncompromising nature...direction of combat activities of the armed forces—was created in Russia at the beginning of World War I. A war ministry carried out military...commanders in chief and unit (soyedineniye) commanders. The supreme military and political power in Germany during World War I belonged to the Kaiser

Why I wrote my advance decision to refuse life-prolonging treatment: and why the law on sanctity of life remains problematic.

PubMed

Gillon, Raanan

2016-06-01

This paper, pursuing themes indefatigably defended in this journal and elsewhere by Professors Jenny and Celia Kitzinger, explains what led me to write my own advance decision (AD) to refuse life-prolonging treatment if I become legally incapacitated to make my own healthcare decisions for longer than 3 months and am medically assessed as very unlikely to regain such legal capacity. I attach my Advance Decision to Refuse Life Prolonging Treatment to the online version of this paper for comment advice and possible general interest. I argue that while a Supreme Court judgement in 2013, followed by a Court of Protection judgement in 2015 greatly ameliorate my earlier concerns about excessive judicial emphasis on the sanctity of life, certain current requirements in the Code of Practice to the Mental Capacity Act 2005 and in the Rules of the Court of Protection, especially Practice Direction 9E, concerning permanent vegetative state and minimally conscious state, seem clearly to contradict aspects of that Supreme Court judgement. If the logical implications of those legal requirements were thoroughly implemented medical practice would be substantially and undesirably skewed towards provision of treatments to prolong life that are unwanted, non-beneficial and wasteful of healthcare resources. I urge that these legal requirements are modified to make them consistent with the Supreme Court's judgement in Aintree v James. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

Planned Parenthood of Central New Jersey v. Farmer.

PubMed

2000-01-01

Court Decision: 762 Atlantic Reporter, 2d Series 620; 2000 Aug 15 (date of decision). The Supreme Court of New Jersey held that the state's Parental Notification for Abortion Act (Act) was unconstitutional because it violated the right to equal protection. Planned Parenthood of Central New Jersey brought an action to prohibit the enforcement of the Act. The New Jersey Supreme Court held that women, both minors and adults, have a fundamental right to decide whether to terminate their pregnancies. Although the state may impose restrictions on a minor's rights in an effort to protect the minor from her own immaturity, the Court found that the Act imposed restrictions on minors seeking abortions that it did not impose on minors seeking medical and surgical care relating to their pregnancies. The Act required parental notification for a minor seeking an abortion but did not require parental notification for a cesarean section, a considerably more difficult and complicated procedure. The court found there to be no substantial need for the Act and its distinction between the two classes of minors since "the state has recognized a minor's maturity in matters relating to her sexuality, reproductive decisions, substance-abuse treatment, and placing her children for adoption."

Los Elefantes Rosas en las Cupulas en la Legislatura: An Empirical Analysis of the Texas Education Finance Mechanism with Special Emphasis on Bilingual Education

ERIC Educational Resources Information Center

Rolle, Anthony; Torres, Mario; Eason, Noelle

2010-01-01

The State of Texas' education finance mechanism--known as the Foundation School Program (FSP)--was challenged in a series of litigation known as "Edgewood v. Kirby I-IV" and "West Orange Cove I-II". Though the state Supreme Court's holding ultimately moved the Texas Assembly to make changes in the funding mechanism, not since…

When courts intervene: public health, legal and ethical issues surrounding HIV, pregnant women, and newborn infants.

PubMed

Tessmer-Tuck, Jennifer A; Poku, Joseph K; Burkle, Christopher M

2014-11-01

Ninety-three percent of pediatric AIDS cases are the result of perinatal HIV transmission, a disease that is almost entirely preventable with early intervention, which reduces the risk of perinatal HIV infection from 25% to <2%. The American College of Obstetricians and Gynecologists and the American Academy of Pediatrics both recommend routine HIV testing of all pregnant women and at-risk newborn infants. When pregnant women decline HIV testing and/or treatment, public health, legal, and ethical dilemmas can result. Federal courts consistently uphold a woman's right to refuse medical testing and treatment, even though it may benefit her fetus/newborn infant. Federal courts also reliably respect the rights of parents to make health care decisions for their newborn infants, which may include declining medical testing and treatment. Confusing the issue of HIV testing and treatment, however, is the fact that there is no definitive United States Supreme Court ruling on the issue. State laws and standards vary widely and serve as guiding principles for practicing clinicians, who must be vigilant of ongoing legal challenges and changes in the states in which they practice. We present a case of an HIV-positive pregnant woman who declined treatment and then testing or treatment of her newborn infant. Ultimately, the legal system intervened. Given the rarity of such cases, we use this as a primer for the practicing clinician to highlight the public health, legal, and ethical issues surrounding prenatal and newborn infant HIV testing and treatment in the United States, including summarizing key state-to-state regulatory differences. Copyright © 2014 Elsevier Inc. All rights reserved.

English v. General Electric Company: The state right to regulate the nuclear energy industry affirmed - (albeit indirect)

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

Bogdan, W.

1991-12-31

The early history of the nuclear energy industry is dominated by almost exclusive federal government control and regulation. In the broadest sense, that history remains intact. Recent Supreme Court decisions, however, indicate that states are now capable of indirect regulation of the nuclear energy industry. English v. General Electric is such an example of a judicial decision with the potential to empower states with an opportunity to indirectly regulate the nuclear energy industry.

The Ute Campaign of 1879: A Study in the Use of the Military Instrument

DTIC Science & Technology

1993-06-04

it?4 20 The second outcome of the initial government Indian separation policy was the result of a Supreme Court decision in favor of the Cherokee...nation. In 1831, Chief Justice John Marshall and the court ruled in favor of the Cherokees, while deciding the case of Cherokee v. the State of Georgia...This decision stated the Indians were not subject to state law, but also ruled that they were not an independent nation. The Court defined the Indian

Importance of Carolina Bays to the Avifauna of Pinelands in the Southeastern United States.

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

Czapka, Stephen, J.; Kilgo, John, C.

2011-07-01

Abstract - Past anthropogenic activity has led to the destruction or alteration of Carolina bay wetlands throughout the southeastern United States. Presently, urban development, combined with a 2001 ruling by the US Supreme Court relaxing protection of isolated wetlands, poses an increasing threat to these and other isolated wetland systems; however, little information exists on the importance of these wetland systems to birds. We compared breeding and wintering bird communities of upland pine (Pinus spp.) forests with and without Carolina bays. Estimated species richness was greater in pine forests with Carolina bays than without during the winter (31.7 ± 1.3more » [mean ± SE] vs. 26.9 ± 1.2; P = 0.027), but not in the breeding season (27.9 ± 2.2 vs. 26.3 ± 2.2; P = 0.644). Total relative abundance did not differ between pine forests with Carolina bays and those without in either the breeding (148.0 ± 16.0 vs. 129.4 ± 10.4 birds/40 ha; P = 0.675) or winter (253.0 ± 36.4 vs. 148.8 ± 15.1 birds/40 ha; P = 0.100) seasons. However, 23 species, 43% of which were wetland-dependent, were observed only in pine forests with bays during the breeding season, and 20 species, 30% of which were wetland-dependent, were observed only in such sites during winter. In contrast, only 6 and 1 species were observed only in pine forests without bays during the breeding and winter seasons, respectively, indicating that few species were negatively affected by the presence of bays. Thus, Carolina bays appear to enrich the avifauna of pine forests in the southeastern United States.« less

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…

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

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.…

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…

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…

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…

Should Parental Involvement Be Required for Minors' Abortions?

ERIC Educational Resources Information Center

Rodman, Hyman

1991-01-01

Discusses the U.S. Supreme Court's recent indication of willingness to accept state restrictions on a woman's right to abortion. Presents several key reasons why parental involvement should not be legally required for minors' abortions, and suggests that family practitioners are in an excellent position to inform the public and policymakers about…

A Reflection on Educating College Students about the Value of Public-Sector Unions

ERIC Educational Resources Information Center

Mooney, Christine; Volchok, Edward

2016-01-01

This year, labor unions got a reprieve: The Supreme Court deadlocked in a much-anticipated case that could have turned almost every state into Wisconsin, where partisan interests have crippled union power. The case, "Friedrichs vs. California Teachers Association," addressed a previous case, "Abood v. Detroit Board of…

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…

Now You Can Search Students' Lockers, Too.

ERIC Educational Resources Information Center

Sendor, Benjamin

1986-01-01

Reviews a recent case involving searches of student lockers from the Washington State Court of Appeals. According to this decision the Supreme Court's two criteria of reasonableness in student searches ("New Jersey v. T.L.O.") also apply to student lockers and may apply to searches of student desks, cars, and clothing. (MD)

78 FR 63437 - Approval and Promulgation of Air Quality Implementation Plans; Delaware; Infrastructure...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-10-24

... the 2010 Sulfur Dioxide National Ambient Air Quality Standards AGENCY: Environmental Protection Agency... requirements for the 2010 sulfur dioxide (SO 2 ) NAAQS. This action proposes to approve portions of this... and unless it is reversed or otherwise modified by the Supreme Court, states are not required to...

Scaling up Quality in Early Childhood Programs: New Jersey's Story

ERIC Educational Resources Information Center

Lauter, Nancy; Rice, Cynthia

2008-01-01

Preschool systems changed significantly in New Jersey in 1998 when the State's Supreme Court required the poorest school districts to implement high quality, intensive preschool programs for all three- and four-year-olds. Since the first year of implementation in 1999, New Jersey's Abbott districts have been providing preschoolers with access to…

Affirmation of the Rights of Institutionalized Retarded Citizens (Implications of Youngberg v. Romeo).

ERIC Educational Resources Information Center

Menolascino, Frank J.; And Others

1982-01-01

Implications are reviewed of the brief submitted to the Supreme Court by 21 state attorneys general advocating a return to the warehouse care model for the retarded. The brief's incorrect premises are analyzed, and future implications of decisions in the Youngberg v Romeo case are noted. (Author/CL)

Local Public Schools: How To Pay for Them? Public Policy Bibliographies: 2.

ERIC Educational Resources Information Center

Tompkins, Dorothy Cambell, Comp.

This 756-entry bibliography was prompted by the Serrano decision of the California Supreme Court in August 1971. The items are drawn from the literature on public administration, law, education, and State and local government since 1965. Items are organized under "Inequality of Educational Opportunity,""Financing of Local Public…

Drug Testing. Research Brief

ERIC Educational Resources Information Center

Walker, Karen

2005-01-01

The Vernonia School District v. Acton Supreme Court decision in 1995, forever changed the landscape of the legality of drug testing in schools. This decision stated that students who were involved in athletic programs could be drug tested as long as the student's privacy was not invaded. According to some in the medical profession, there are two…

Urine Trouble: Drug Testing of Students and Teachers in Public Schools

ERIC Educational Resources Information Center

Butler, Frank

2012-01-01

Non-individualized (so-called "random") drug testing in public schools presents issues of Constitutional law on both the federal and state levels, particularly with regard to citizens' freedom from "unreasonable searches and seizures." The trend toward increasing acceptance of such testing by the courts (and particularly the U.S. Supreme Court)…

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)

Challenged Dress Code Prohibited Clothing with Offensive Illustrations.

ERIC Educational Resources Information Center

Kozlowski, James C.

2001-01-01

Discusses the extent to which public recreation programs can regulate attire which many people might consider offensive, noting that the U.S. Supreme Court states that school boards have the authority to decide what constitutes appropriate behavior and dress in public schools. One case involving a student who wanted to wear a Marilyn Manson…

Pennies for Heaven

ERIC Educational Resources Information Center

Bartlett, Thomas

2007-01-01

In 1991 three Christian students sued the University of Virginia after they were denied funds for their evangelical newspaper. The students said the case was about free speech; the university argued it was about separation of church and state. The U.S. Supreme Court found in favor of the students, a landmark ruling that guaranteed equal treatment…

The Effect of "Franklin v. Gwinnett County" on Sexual Harassment Policy in Secondary Education.

ERIC Educational Resources Information Center

Wishnietsky, Dan H.; Felder, Dennis

1994-01-01

In 1992 the Supreme Court ruled that school victims of sexual harassment may collect damages. In response to a brief survey, many state superintendents indicated they had strengthened school sexual harassment policies; however, many others indicated they had neither made nor planned any changes. Includes recommendations for developing or…

Do Asian Americans Benefit from Race-Blind College Admissions Policies?

ERIC Educational Resources Information Center

Poon, OiYan A.

2017-01-01

Opponents of affirmative action in the Fisher Supreme Court case claim that race-conscious admissions policies discriminate against Asian American applicants and impose a "higher bar" in college admissions than for other students. In their amicus brief supporting the plaintiff in the Fisher case, 80-20 states that, "Asian American…

Effect of delegation on standard of review. Geddes v. United Staffing, 469 F.3d 919 (10th Cir. 2006).

PubMed

2009-01-01

When an ERISA plan administrator delegates his discretionary authority to render plan benefit decisions to a third party, even one that is not a fiduciary, de novo review is not triggered when litigation arises. Rather, the standard for review is the "arbitrary and capricious"standard as set by the US. Supreme Court's 1989 decision in Firestone Tire and Rubber Co. v. Bruch.

JPRS Report, East Europe Supplement Poland Recent Legislation II.

DTIC Science & Technology

1990-08-13

of the Supreme Court are appointed and recalled by the Pres- ident. Article 30.1. Persons related by ties of consanguinity up to the second remove...may they take part in the same ruling bench of justices and neither may they stand in a direct official superior- subordinate relationship . 30.2...outlets under the jurisdiction of the Minister of Internal Affairs. Article 12.1. The labor relationship of the employees of the organizational units

Iran’s Role in Iraq: Room for U.S.-Iran Cooperation?

DTIC Science & Technology

2015-01-01

international isolation, but could also increase its leverage on nuclear negotiations with the P5+1 (China, France, Germany, Rus- sia, the United Kingdom, and...Iranian- born Grand Ayatollah Ali Sistani, are wary of Iran’s velayat-e faghih (rule of the supreme jurisprudence ). Moreover, many Iraqis, including...foreign policy objectives, from decreasing Tehran’s international isolation to possibly gaining more leverage on nuclear negotiation. Therefore, it is

Hospitals--A Current Analysis of the Right to Abortions and Sterilizations in the Fourth Circuit: State Action and the Church Amendment

ERIC Educational Resources Information Center

Malpass, Susie

1976-01-01

The U. S. Supreme Court in Roe v. Wade found that the right of privacy guarantees a woman the prerogative of having an abortion free of interference by the state; but in Doe v. Bolton it allowed a hospital to refuse to admit a patient for an abortion. This conflict is discussed with reference to the Church Amendment. (LBH)

Medical marijuana.

PubMed

1999-04-30

The Florida Supreme Court heard oral arguments in April regarding a glaucoma patient's request for a medical exception to the State prohibition on use of marijuana. [Name removed] was convicted on possession and cultivation charges, and a trial judge refused to allow a medical necessity defense. A State appeals court subsequently overturned [name removed]'s conviction. The case focuses on whether the legislature intended to prohibit such a defense when it declared in 1993 that the substance had no medicinal benefits.

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 a burden on the rights of the minor, but the Court considered that burden "minimal." The future constitutionally of abortion is on the line. The impending Court changes are the forerunners of more retreat from abortion rights.

[Precautionary principle. State of the situation in Argentina].

PubMed

Kemelmajer de Carlucci, Aída

2017-10-13

The new Argentine Civil and Commercial Code includes the prevention principle. The precautionary Principle is regulated by the Environmental Protection Act.A significant number of cases have reached the Supreme Court of the Nation. This Court, in general, estimates that the decisions concerning the precautionary principle have definitive nature, i.e., are not merely provisional. Usually, the situation is caused by the State itself, which fails to control. The different decisions show a Judiciary worried about protecting the environment.

Transnational Organized Crime, Terrorism, and Criminalized States in Latin America: An Emerging Tier-One National Security Priority

DTIC Science & Technology

2012-08-01

est honor, to Manuel Marulanda (aka Tirofijo, or Sure Shot), the FARC’s supreme commander at the time.100 The government of Rafael Correa in Ecuador ... governments sanctioned criminal activities as part of coherent, mul- tistate instruments of statecraft. This monograph synthesizes research on such...criminalized states in Latin America. It documents how, through the growing alliance with Iran and other external actors, these governments have devel

Carrying guns in public: legal and public health implications.

PubMed

Vernick, Jon S

2013-03-01

In District of Columbia v. Heller, the U.S. Supreme Court ruled that the Second Amendment protects an individual's right to own handguns in the home for protection, invalidating a Washington, D.C. law banning most handgun possession. The Heller decision, however, provided lower courts with little guidance regarding how to judge the constitutionality of gun laws other than handgun bans. Nevertheless, lower courts have upheld the vast majority of federal, state, and local gun laws challenged since Heller. One area in which some lower courts have disagreed has been the constitutionality of laws regulating the ability to carry firearms in public. This issue may be the next to be addressed by the Supreme Court under its evolving Second Amendment jurisprudence. Courts should carefully consider the negative public health and safety implications of gun carrying in public as they weigh the constitutionality of these laws. © 2013 American Society of Law, Medicine & Ethics, Inc.

The Brazilian Audit Tribunal's role in improving the federal environmental licensing process

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

Lima, Luiz Henrique, E-mail: luizhlima@terra.com.b; Magrini, Alessandra, E-mail: ale@ppe.ufrj.b; Centro de Tecnologia - Bloco C Sala 211, Ilha do Fundao, 21949-900 - Rio de Janeiro, Caixa-Postal: 68565, RJ

This article describes the role played by the Brazilian Audit Tribunal (Tribunal de Contas da Uniao - TCU) in the external auditing of environmental management in Brazil, highlighting the findings of an operational audit conducted in 2007 of the federal environmental licensing process. Initially, it records the constitutional and legal framework of Brazilian environmental licensing, describing the powers and duties granted to federal, state and municipal institutions. In addition, it presents the responsibilities of the TCU in the environmental area, comparing these with those of other Supreme Audit Institutions (SAI) that are members of the International Organization of Supreme Auditmore » Institutions (INTOSAI). It also describes the work carried out in the operational audit of the Brazilian environmental licensing process and its main conclusions and recommendations. Finally, it draws a parallel between the findings and recommendations made in Brazil with those of academic studies and audits conducted in other countries.« less

Health and air quality benefits of policies to reduce coal-fired power plant emissions: a case study in North Carolina.

PubMed

Li, Ya-Ru; Gibson, Jacqueline MacDonald

2014-09-02

We analyzed sulfur dioxide (SO2) emissions and fine particulate sulfate (PM2.5 sulfate) concentrations in the southeastern United States during 2002-2012, in order to evaluate the health impacts in North Carolina (NC) of the NC Clean Smokestacks Act of 2002. This state law required progressive reductions (beyond those mandated by federal rules) in pollutant emissions from NC's coal-fired power plants. Although coal-fired power plants remain NC's leading SO2 source, a trend analysis shows significant declines in SO2 emissions (-20.3%/year) and PM2.5 sulfate concentrations (-8.7%/year) since passage of the act. Emissions reductions were significantly greater in NC than in neighboring states, and emissions and PM2.5 sulfate concentration reductions were highest in NC's piedmont region, where 9 of the state's 14 major coal-fired power plants are located. Our risk model estimates that these air quality improvements decreased the risk of premature death attributable to PM2.5 sulfate in NC by about 63%, resulting in an estimated 1700 (95% CI: 1500, 1800) deaths prevented in 2012. These findings lend support to recent studies predicting that implementing the proposed federal Cross-State Air Pollution Rule (recently upheld by the U.S. Supreme Court) could substantially decrease U.S. premature deaths attributable to coal-fired power plant emissions.

Unequal Education: Federal Loophole Enables Lower Spending on Students of Color

ERIC Educational Resources Information Center

Spatig-Amerikaner, Ary

2012-01-01

In 1954 the Supreme Court declared that public education is "a right which must be made available to all on equal terms." That landmark decision in "Brown v. Board of Education" stood for the proposition that the federal government would no longer allow states and municipalities to deny equal educational opportunity to a…

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…

76 FR 33285 - Filing Dates for the Nevada Special Election in the 2nd Congressional District

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-08

... designated by their respective political parties. The Nevada Republican and Democratic state central... required to file reports in connection with the Republican and Democratic caucuses shall file a 12-day Pre... Democratic Party filed Notices of Appeal with the Nevada Supreme Court on May 23, 2011, to challenge the...

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…

Reflections on a Collaboration: Communicating Educational Research in "Fisher"

ERIC Educational Resources Information Center

Garces, Liliana M.

2013-01-01

It was critical that the U.S. Supreme Court have the best empirical evidence available to help inform its decisions in "Fisher." The "amicus" brief filed by 444 researchers from 172 institutions in 42 states was the result of a collaborative effort among members of the social science, educational, and legal communities. In her role as counsel of…

Review of "Reform with Results for New Jersey Schools"

ERIC Educational Resources Information Center

Sadovnik, Alan R.

2011-01-01

A report published by the Lexington Institute presents findings on the effectiveness of New Jersey's Abbott v. Burke court decisions from the late 1990s through 2009. The report argues that the reforms ordered by the state's supreme court failed to significantly increase student achievement despite what it terms as dramatic increases in spending.…

The Abbott School Construction Program: NJ Department of Education Proposed Facilities Regulations. Analysis of Preschool Issues

ERIC Educational Resources Information Center

Ponessa, Joan; Boylan, Ellen

2004-01-01

This report on preschool facilities analyzes regulations proposed by the New Jersey Department of Education (NJDOE) to implement the Educational Facilities Construction and Financing Act. (EFCFA). EFCFA, which authorizes and governs New Jersey's public school construction program, was enacted in July 2000 to implement the State Supreme Court's…

Early Childhood Education: The Sustainability of the Benefits of Preschool Participation in Abbott Districts

ERIC Educational Resources Information Center

Fernandez, Norma

2010-01-01

The landmark New Jersey Supreme Court school funding case, "Abbott v. Burke", established the availability of preschool for all three- and four-year-olds living within the state's thirty-one poorest districts as a means of eradicating the effects of poverty. Longitudinal studies have shown the value of high quality preschool programs for…

The Internet and the Law: What Educators Need To Know.

ERIC Educational Resources Information Center

Conn, Kathleen

This book discusses the key legal issues public schools face in using the World Wide Web, e-mail, and other computer technologies. Chapter 1 covers the foundations of school Internet law, including Supreme Court decisions, the legal standard of conduct, standards for technology literacy, and federal vs. state law. Chapter 2 discusses freedom of…

The Texas Public Education Challenge. Texas Trilogy on Public Education and Taxes. Policy Brief No. 1

ERIC Educational Resources Information Center

McCown, F. Scott

2006-01-01

This is the first in a trilogy of policy briefs discussing public education and taxes. This brief discusses the challenge facing Texas in funding public education. It also explains why the Texas Supreme Court's recent decision in "West Orange-Cove II" requires increased state appropriations for public education.

Is Arizona's Approach to Educating Its ELS Superior to Other Forms of Instruction?

ERIC Educational Resources Information Center

Martinez-Wenzl, Mary; Perez, Karla; Gandara, Patricia

2010-01-01

In the Horne v Flores Supreme Court decision of June 25, 2009, the Court wrote that one basis for finding Arizona in compliance with federal law regarding the education of its English learners was that the state had adopted a "significantly more effective" than bilingual education instructional model for EL students --Structured…

Is Arizona's Approach to Educating Its ELs Superior to Other Forms of Instruction?

ERIC Educational Resources Information Center

Martinez-Wenzl, Mary; Perez, Karla; Gandara, Patricia

2012-01-01

Background: In the "Horne v Flores" Supreme Court decision of June 25, 2009, the Court wrote that one basis for finding Arizona in compliance with federal law regarding the education of its English learners was that the state had adopted a "significantly more effective" than bilingual education instructional model for EL…

Daring to Dream: Sustaining Support for Undocumented Students at the Evergreen State College

ERIC Educational Resources Information Center

Huerta, Grace; Ocampo, Catalina

2017-01-01

With the 1982 Supreme Court decision in the case of Plyler v. Doe, K-12 students, regardless of their immigration status, were able to access a free public school education without the threat of deportation. However, such clarity has not been the case for undocumented students pursuing higher education. As increasing numbers of undocumented…

Random Drug Testing of Students: Where Will the Line Be Drawn?

ERIC Educational Resources Information Center

Roberts, Nathan M.; Fossey, Richard

2002-01-01

Discusses several state and federal court cases testing the limits of school district efforts to expand the scope of random student drug-testing since the Supreme Court's 1995 decision in "Vernonia School District 47J v. Action," wherein the Court approved random drug-testing of student athletes in public high schools. (Contains 113…