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Relevant bibliographies by topics / Oklahoma. Supreme Court

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Academic literature on the topic 'Oklahoma. Supreme Court'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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Journal articles on the topic "Oklahoma. Supreme Court"

1

Elton, Robb, and Arthur Been. "The Interrogation of Hummingbird: A Qualitative Overview of Traditional Systems Oppression of the Oklahoma Indians." International Journal of English and Cultural Studies 5, no. 1 (May 7, 2022): 26. http://dx.doi.org/10.11114/ijecs.v5i1.5513.

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Historical analysis of Oklahoma traditions and policies relating to the various tribes reveals a theme of willful malice, organized systematic oppression, theft from, and killing of Indians. This tradition is grounded in racism and greed. Today, this philosophy continues — even after Supreme Court decisions McGirt v. Oklahoma (2020) and Sharp v. Murphy (2020) elucidated the historical harms and apt legal framework. These cases acknowledged Oklahoma Indian territory had always persisted. Through discussion about these cases, related legislation, historical events, including the U.S. Constitution’s Supremacy Clause, this paper connects Oklahoma’s law-breaking customs imposed on the Indians to its founding.

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Marouf, Fatma. "Wrongful Death: Oklahoma Supreme Court Replaces Viability Standard with “Live Birth” Standard." Journal of Law, Medicine & Ethics 28, no. 1 (2000): 88–90. http://dx.doi.org/10.1111/j.1748-720x.2000.tb00323.x.

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On December 7,1999, a divided Oklahoma Supreme Court held in Nealis v. Baird that a claim may be brought under Oklahoma's wrongful death statute on behalf of a nonviable fetus born alive. The decision represents a departure from the traditional notion that “viability”—the ability of a fetus to sustain life outside the womb with or without medical assistance—is the standard for wrongful death recovery. In replacing the “viability” standard with a “live birth” standard, the majority maintained that live birth is the “unassailable point at which legal rights must be said to attach to the human person. “ By holding a nonviable fetus a legal “person” for the purpose of a wrongful death claim, the court's decision emphasizes the limited application of the United States Supreme Court's holding in Roe v. Wade that a fetus is not a person for the purposes of the Fourteenth Amendment.

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3

Sokol, Matthew A. "Cary v. Oneok, Inc.: Oklahoma Supreme Court Upholds Plaintiff's Right to Attend Trial." Pace Law Review 19, no. 1 (September 1, 1998): 195. http://dx.doi.org/10.58948/2331-3528.1286.

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Showalter, C. Robert, and W. Lawrence Fitch. "Objectivity and Advocacy in Forensic Psychiatry after Ake v. Oklahoma." Journal of Psychiatry & Law 15, no. 2 (June 1987): 177–88. http://dx.doi.org/10.1177/009318538701500203.

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In its landmark opinion in Ake v. Oklahoma, the United States Supreme Court enunciated a broad right to psychiatric assistance for criminal defendants who raise the defense of insanity or whose mental condition is relevant to sentencing in a capital case. Recognizing such assistance as essential to the proper functioning of the adversary process in cases in which an issue concerning the defendant's mental condition has been raised, the opinion may be read to pose an ethical dilemma for the psychiatrist who regards his or her assessment as objective and, hence, not a proper subject for adversarial presentation or inquiry. The authors contend, however, that rather than inviting psychiatrists to compromise their objectivity in these cases, in fact the Supreme Court's ruling challenges psychiatrists to demonstrate and assure their objectivity by revealing and explaining the bases for their opinions, thereby enhancing their utility in the criminal justice process and, ultimately, their credibility in the minds of the public.

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5

Rowe, Brenda I. "How Would You Like to Die? Glossip v. Gross Deals Blow to Abolitionists." Prison Journal 98, no. 1 (November 21, 2017): 83–103. http://dx.doi.org/10.1177/0032885517743716.

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After capital punishment opponents’ pressure on drug suppliers reduced the lethal injection drug supply, Oklahoma began using midazolam, resulting in botched executions. Condemned inmates sought to stop use of this lethal injection protocol. In Glossip v. Gross, the U.S. Supreme Court found inmates failed to establish that such protocols entail a substantial risk of severe pain compared with available alternatives, undermining the supply side attack strategy and leaving inmates facing the possibility of an unnecessarily painful execution. This article places the Glossip decision within the context of method of execution jurisprudence and discusses implications for the ongoing battle over capital punishment.

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6

McMahon, Stephanie Hunter. "To Save State Residents: States' Use of Community Property for Federal Tax Reduction, 1939–1947." Law and History Review 27, no. 3 (2009): 585–625. http://dx.doi.org/10.1017/s0738248000003916.

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In 1939, at the end of almost two decades of statewide want and despair, Oklahoma adopted the community property system “to save state residents on their federal income tax.” Between 1939 and 1947, Oklahoma and four other states openly and unabashedly exploited the Supreme Court's creation of what amounted to a tax loophole for the nation's wealthy; several more states seriously considered doing the same. In 1930, the Court had ruled that the community marital property regime of eight western states permitted their married couples to split family income between spouses, so that each spouse reported half of that income for federal income tax purposes. As a result of the federal government's progressive income tax bracket structure, in most cases this split meant that more of the family's income would be taxed in lower tax brackets. Thus, a property regime that was purely a creation of state law had the effect of reducing residents' federal tax obligations.

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Mawson, L. Marlene, and William T. Bowler. "Effects of the 1984 Supreme Court Ruling on the Television Revenues of NCAA Division I Football Programs." Journal of Sport Management 3, no. 2 (July 1989): 79–89. http://dx.doi.org/10.1123/jsm.3.2.79.

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The 1984 Supreme Court ruling in the antitrust suit between the Universities of Oklahoma and Georgia, representing the College Football Association (CFA), versus the National Collegiate Athletic Association (NCAA) provided mat individual institutions had proper authority to sell television rights to their football games. The NCAA had controlled television appearances of collegiate football teams with the rationale of preventing erosion of game attendance due to televised home football games. Records of home games televised, television revenues from football games, and attendance at televised football games were gathered from 57% of NCAA Division I institutions and compared for a 3-year period prior to the 1984 ruling, with a 3-year period following the ruling. Four sets oft tests between mean data for the pre- and posttime periods showed that although the number of games scheduled per season remained the same, the number of televised football games significantly increased, the television revenues from football remained constant, and attendance at televised home football games decreased significantly after the 1984 ruling.

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8

LEVY, DAVID W. "Twenty‐One Months of Hell and the Supreme Court to the Rescue in McLaurin v. Oklahoma State Regents." Journal of Supreme Court History 45, no. 1 (March 2020): 28–43. http://dx.doi.org/10.1111/jsch.12227.

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Levy, David W. "Twenty-One Months of Hell and the Supreme Court to the Rescue in McLaurin v. Oklahoma State Regents." Journal of Supreme Court History 45, no. 1 (2020): 28–43. http://dx.doi.org/10.1353/sch.2020.0019.

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Boggess, Bethany, Brittany Scott, and Lisa Pompeii. "Uninsured Workers Have More Severe Hospitalizations." NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 27, no. 2 (May 22, 2017): 154–75. http://dx.doi.org/10.1177/1048291117710781.

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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.

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Books on the topic "Oklahoma. Supreme Court"

1

Courts, Oklahoma Administrative Office of the. The Supreme Court of Oklahoma. Oklahoma City: Administrative Office of the Courts, 2005.

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Courts, Oklahoma Administrative Office of the. The Supreme Court of Oklahoma: 1907-2007 a century of justice. Oklahoma City: Administrative Office of the Courts, 2007.

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3

Burke, Bob. Justice served: The life of Alma Bell Wilson. Oklahoma City: Oklahoma Heritage Association, 2001.

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4

Oklahoma Bar Association (1939- ). Oklahoma rules of professional conduct: Effective July 1, 1988 by Order of the Oklahoma Supreme Court, March 10, 1988, S.C.D. 3490. [Oklahoma City]: Oklahoma Bar Association, 1989.

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5

United States. Congress. Senate. Committee on the Judiciary. The Supreme Court decision in "NCAA v. University of Oklahoma": Hearing before the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, second session ... Cedar Falls, Iowa, November 19, 1984. Washington: U.S. G.P.O., 1985.

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6

Berry, William A. Justice for Sale: Shocking Scandal of Oklahoma Supreme Court. Macedon Production Company, 1996.

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7

Franks, Kenny A., Eric Dabney, Bob Burke, and Kenny Arthur Franks. Abe Lemons: Court Magician. Oklahoma Heritage Association, 1999.

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8

Court, Oklahoma Supreme. Oklahoma Reports: Cases Determined In The Supreme Court Of The State Of Oklahoma, Volume 44. Arkose Press, 2015.

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Court, Oklahoma Supreme. Oklahoma Reports: Cases Determined In The Supreme Court Of The State Of Oklahoma, Volume 32. Arkose Press, 2015.

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Court, Oklahoma Supreme. Oklahoma Reports: Cases Determined in the Supreme Court of the State of Oklahoma; Volume 17. Creative Media Partners, LLC, 2018.

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Book chapters on the topic "Oklahoma. Supreme Court"

1

Feinberg, Melissa. "Supreme Court Rules on Eastern Oklahoma Land : July 9, 2020." In Historic Documents of 2020, 399–409. 2455 Teller Road, Thousand Oaks California 91320: CQ Press, 2021. http://dx.doi.org/10.4135/9781071839034.n30.

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Adkison, Danny M., and Lisa McNair Palmer. "Judicial Department." In The Oklahoma State Constitution, 123–34. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197514818.003.0010.

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This chapter explores Article VII of the Oklahoma constitution, which concerns the judiciary. Section 1 states that “the judicial power of this State shall be vested in the Senate, sitting as a Court of Impeachment, a Supreme Court, the Court of Criminal Appeals, the Court on the Judiciary, the State Industrial Court, the Court of Bank Review, the Court of Tax Review, and such intermediate appellate courts as may be provided by statute, District Courts, and such Boards, Agencies and Commissions created by the Constitution or established by statute as exercise adjudicative authority or render decisions in individual proceedings.” The Oklahoma Supreme Court is the head of the state’s judicial system; all other courts are inferior to it. Section 2 provides for the number, terms, vacancies, and qualifications of supreme court justices. The justices shall choose from among their members a chief justice and a vice chief justice. Section 4 provides for the jurisdiction of the state supreme court. The chapter then looks at the provisions for district courts.

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Adkison, Danny M., and Lisa McNair Palmer. "Impeachment and Removal from Office." In The Oklahoma State Constitution, 147–50. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197514818.003.0013.

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This chapter discusses Article VIII of the Oklahoma constitution, which concerns impeachment and removal from office. Section 1 states that “the Governor and other elective state officers, including the Justices of the Supreme Court, shall be liable and subject to impeachment for wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office.” Moreover, “all elected state officers, including Justices of the Supreme Court and Judges of the Court of Criminal Appeals, shall be automatically suspended from office upon their being declared guilty of a felony by a court of competent jurisdiction.” Two other methods for removing elected officials not mentioned in Section 1 are specified in state law pursuant to Section 2. The first provides for a grand jury to accuse an official and present its findings to a district judge. The second allows the governor to instruct the attorney general to investigate an official and, if official misconduct is found, to institute proceedings in court. Section 3 designates the chief justice of the Oklahoma Supreme Court as the presiding officer in an impeachment trial. Lastly, Section 4 requires senators to take an oath and specifies a two-thirds vote of those present in order to convict.

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4

"Case Study: Skinner v Oklahoma, 1942⁴¹." In The Supreme Court in the Intimate Lives of Americans, 42–43. New York University Press, 2020. http://dx.doi.org/10.18574/nyu/9780814723012.003.0018.

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5

Adkison, Danny M., and Lisa McNair Palmer. "Selection of Justices and Judges." In The Oklahoma State Constitution, 141–46. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197514818.003.0012.

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This chapter highlights Article VII-B of the Oklahoma constitution, which concerns the selection of justices and judges. Section 1 states that “the provisions of this Article shall govern the selection and tenure of all Justices of the Supreme Court and Judges of the Court of Criminal Appeals of the State of Oklahoma.” Section 2 sets forth the procedure for a judicial officer to run for unlimited additional terms of office. The provision in Section 3 creates a Judicial Nominating Commission, which possesses jurisdiction to determine whether the nominees for judicial office meet applicable requirements, and to determine the existence of vacancies on the commission. In the event of a judicial vacancy, Section 4 instructs the Judicial Nominating Commission to submit the names of three nominees to the governor and the chief justice of the supreme court. Section 5 sets forth the specific parameters of judicial terms of office. In an attempt to prohibit political partiality by judges, Section 6 prohibits judges from making contributions to, or holding office in, a political entity. Lastly, Section 7 concerns the effective date of Article VII-B.

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6

"What is the future of Indian law at the Supreme Court? McGirt v. Oklahoma (2020)." In Native Americans and the Supreme Court, 161–77. Edward Elgar Publishing, 2022. http://dx.doi.org/10.4337/9781803925165.00013.

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7

Wilson, Sondra Kathryn. "The War against the United States." In In Search of Democracy, 365–69. Oxford University PressNew York, NY, 1999. http://dx.doi.org/10.1093/oso/9780195116335.003.0077.

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Abstract One year after the Brown decision, the U.S. Supreme Court handed down its decree reaffirming the constitutional principle that racially segregated schools are unconstitutional. and it turned over to the lower federal courts the responsibility of seeing that local school boards moved with “all deliberate speed” to abide by the ruling. The reaction to this decree varied across the nation. School districts in Mississippi declared that they would defy the Supreme Court. Other school districts-in Poteau, Oklahoma; Fayette County, Kentucky, and Oak Ridge, Tennessee-desegregated without friction. In the following article, published in the Crisis in December 1955, Roy Wilkins discusses the aftermath of the Supreme Court’s 1955 decree. On May 31, 1955, the United States Supreme Court handed down its decree in the school segregation cases, reaffirming the constitutional principle in its 1954 opinion that racially segregated schools were unconstitutional. and turning over to the lower Federal Courts the task of seeing to it that local school boards made plans and took action with all deliberate speed to abide by the ruling.

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8

Adkison, Danny M., and Lisa McNair Palmer. "State and School Lands." In The Oklahoma State Constitution, 247–52. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197514818.003.0016.

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This chapter focuses on Article XI of the Oklahoma constitution, which concerns state and school lands. Section 1 provides for acceptance by the state of all grants of land and donations of money by the United States under the Enabling Act. In 1982, the Oklahoma Supreme Court held that this section, when considered with the Enabling Act, is an irrevocable compact between the United States and Oklahoma for the benefit of the state’s schools. In accepting grants from the federal government to establish the permanent school fund, Section 2 requires that the fund may only be used for the benefit of Oklahoma common schools, and that the $5 million principal of the fund shall never be spent. The state is also required to reimburse the fund for all losses that may occur, and no portion of this fund is to be used for any other purpose. Meanwhile, Section 4 confers on the legislature exclusive power to set the rules and regulations for selling public lands granted to the state by Congress for charitable and other purposes.

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Adkison, Danny M., and Lisa McNair Palmer. "Legislative Department." In The Oklahoma State Constitution, 73–104. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197514818.003.0008.

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This chapter assesses Article V of the Oklahoma constitution, which concerns the legislative department. Section 1 states that “the Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives.” However, “the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature.” Section 2 provides for the designation and definition of reserved powers. Initiative means the power of the people to propose bills, and to enact or reject them at the polls. Referendum is the right of the people to have bills passed by the legislature submitted to the voters for their approval. Meanwhile, in May 1964, the Oklahoma constitution was amended to conform to the U.S. Supreme Court rulings. The amendment passed and Sections 9 through 16 were replaced with Sections 9A through 11E. The chapter then details the provisions for the Senate and the House of Representatives.

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Tushnet, Mark V. "“Compassion in Time of Crisis”." In Making Constitutional Law, 146–62. Oxford University PressNew York, NY, 1997. http://dx.doi.org/10.1093/oso/9780195093148.003.0008.

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Abstract As a law student, Marshall worked with his mentor Charles Hamilton Houston to defend George Crawford in a celebrated case in Virginia’s “hunt country.” Craw ford was charged with murder and faced a death sentence. Supported by some legal research Marshall did, Houston succeeded in securing only a life sentence for Crawford, and Houston regarded the outcome as quite favorable because he had concluded Crawford was indeed guilty. Marshall himself defended W. D. Lyons in an Oklahoma murder case that reached the Supreme Court. Marshall’s experiences in these and other death penalty cases made him a committed opponent of capital punishment.

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