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Journal articles on the topic 'United States. Supreme'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

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1

Sander, Florian. "United States Supreme Court und Bundesverfassungsgericht." Archiv des öffentlichen Rechts 133, no. 3 (2008): 439. http://dx.doi.org/10.1628/000389108785837175.

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2

Rock, Vickie Lorene, Petitioner, and Arkansas. "Supreme Court of the United States." International Journal of Clinical and Experimental Hypnosis 38, no. 4 (1990): 219–38. http://dx.doi.org/10.1080/00207149008414524.

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3

Pardeck, John T. "United States Supreme Court Decisions Summary." Journal of Social Work in Disability & Rehabilitation 1, no. 4 (2002): 75–82. http://dx.doi.org/10.1300/j198v01n04_06.

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4

Blackmun. "Supreme Court of the United States: Syllabus Mistretta v. United States." Federal Sentencing Reporter 1, no. 7 (1989): 354. http://dx.doi.org/10.2307/20639108.

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5

Dubber, Markus Dirk, and Martin Stoevesandt. "Aktivismus und Zuruckhaltung im United States Supreme Court (Activism and Restraint in the United States Supreme Court)." Journal of American History 88, no. 2 (2001): 740. http://dx.doi.org/10.2307/2675252.

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6

Hickey, Thomas J. "The supreme court in United States history." Journal of Criminal Justice Education 7, no. 1 (1996): 161–69. http://dx.doi.org/10.1080/10511259600083681.

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7

Ensins, Sonia. "Supreme Court of the United States Website." Journal of Government Information 28, no. 3 (2001): 353–55. http://dx.doi.org/10.1016/s1352-0237(01)00309-4.

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8

Wojcik, Mark E. "United States Supreme Court: Medellin v. Texas." International Legal Materials 47, no. 3 (2008): 281–321. http://dx.doi.org/10.1017/s0020782900005787.

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9

Vladeck, Stephen I. "United States Supreme Court: Munaf V. Geren." International Legal Materials 47, no. 5 (2008): 705–22. http://dx.doi.org/10.1017/s0020782900005878.

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10

Halberstam, Malvina. "In Defense of the Supreme Court Decision in Alvarez-Machain." American Journal of International Law 86, no. 4 (1992): 736–46. http://dx.doi.org/10.2307/2203790.

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In United States v. Alvarez-Machain, the Supreme Court sustained the jurisdiction of a U.S. court to try a Mexican national, charged with various counts of conspiracy, kidnaping and the murder of a U.S. drug enforcement agent in Mexico, even though his presence in the United States was the result of abduction rather than extradition pursuant to the Extradition Treaty between the United States and Mexico. The Court did not hold, as widely reported in the media, that the Treaty permits abduction, that abduction is legal, or that the United States had a right to kidnap criminal suspects abroad. O

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11

Macedo, Charles R., David P. Goldberg, and Chandler Sturm. "US Supreme Court finds authority held by administrative patent judges to be unconstitutional and mandates procedural cure to give USPTO Director more control." Journal of Intellectual Property Law & Practice 16, no. 12 (2021): 1293–96. http://dx.doi.org/10.1093/jiplp/jpab155.

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Abstract United States v Arthrex, Inc., Nos. 19-1434, 19-1452, 19-1458, 594 US ____, slip opinion, United States Supreme Court, 21 June 2021 (Arthrex III) Arthrex, Inc. v Smith & Nephew, Inc., 941 F3d 1320 (Federal Circuit 2019) (‘Arthrex I’), rehearing and rehearing en banc denied, 953 F3d 760 (Federal Circuit 2020) (‘Arthrex II’), petition for certiorari filed On 21 June 2021, the United States Supreme Court issued a decision in United States v. Arthrex, Inc. finding that the authority of administrative patent judges (APJs) of the Patent Trial and Appeal Board to issue Final Written Deci

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12

Ignagni, Joseph, and Rebecca Deen. "United States Supreme Court Decision-Making When the United States is a Party." International Journal of Interdisciplinary Civic and Political Studies 10, no. 4 (2015): 21–32. http://dx.doi.org/10.18848/2327-0071/cgp/v10i04/53153.

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13

Yarova, A. S., and A. I. Sisova. "The supreme court of US as an authority of Constitutional jurisdiction." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 82–87. http://dx.doi.org/10.24144/2307-3322.2021.64.15.

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Given the uniqueness of the judicial system in the United States of America and the role of the Supreme Court in shaping the country’s entire judicial system, the authors devoted an article to an analysis of the Supreme Court of the United States as the body that makes up the country’s Basic Law, the Constitution. Taking into account the specificity of one of the oldest written Constitutions of the world, it was appropriate to understand the mechanism of its creation, the powers of the body, which creates it also in the characteristics of this body, which the authors of the article have implem

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14

LeClercq, Desirée. "Nestlé United States, Inc. v. Doe. 141 S. Ct. 1931." American Journal of International Law 115, no. 4 (2021): 694–700. http://dx.doi.org/10.1017/ajil.2021.55.

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On June 17, 2021, the United States Supreme Court reversed and remanded a suit filed against Nestlé USA and Cargill under the Alien Tort Statute (ATS) for lack of jurisdiction. This case has already garnered attention over the nature of the dispute (child slaves in Africa), the Supreme Court's treatment of jurisdiction under the ATS, and the finding shared by five of the nine Supreme Court justices that domestic corporations can potentially be sued under the ATS. This analysis focuses on the child slavery and global supply chain aspects of the decision.

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15

Trahanas, Christina. "BG Group Plc v. Republic of Argentina (Sup. Ct. U.S.)." International Legal Materials 54, no. 1 (2015): 130–51. http://dx.doi.org/10.5305/intelegamate.54.1.0130.

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On March 5, 2014, the Supreme Court of the United States (the Court or Supreme Court) rendered its decision in BG Group PLC v. Republic of Argentina (BG Group). Applying principles from judicial review of commercial arbitration awards to the investment treaty context, the Court overturned a decision of the United States Court of Appeals that vacated an investment treaty arbitral award. BG Group is significant because it is the first time that the Supreme Court has reviewed an investment treaty arbitration.

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16

Georgakopoulos, Nicholas L., and Frank Sullivan, Jr. "Illustrating Swing Votes II: United States Supreme Court." Indiana Law Review 53, no. 1 (2021): 135–62. http://dx.doi.org/10.18060/25106.

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17

Dorff, Robert H., and Saul Brenner. "Conformity Voting on the United States Supreme Court." Journal of Politics 54, no. 3 (1992): 762–75. http://dx.doi.org/10.2307/2132310.

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18

Yates, Jeff, and Andrew Whitford. "Presidential Power and the United States Supreme Court." Political Research Quarterly 51, no. 2 (1998): 539. http://dx.doi.org/10.2307/449090.

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19

McAbee, Gary N. "United States Supreme Court Rules on Expert Testimony." Pediatrics 95, no. 6 (1995): 934–36. http://dx.doi.org/10.1542/peds.95.6.934.

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Many medical and legal commentators have expressed concern about the validity of scientific evidence that is proffered by expert witnesses at depositions and in courts of law.1,2 The sparse research that is available on the testimony of medical expert witnesses suggests that it is frequently flawed and erroneous.3 On June 28, 1993, the United States (US) Supreme Court ruled on the proper standard for admissibility of scientific evidence in the courtroom.4 Although the ruling establishes guidelines that are binding only in federal courts, it is expected that many state courts will follow the Co

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20

Holden, Richard, Michael Keane, and Matthew Lilley. "Peer effects on the United States Supreme Court." Quantitative Economics 12, no. 3 (2021): 981–1019. http://dx.doi.org/10.3982/qe1296.

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Using data on essentially every U.S. Supreme Court decision since 1946, we estimate a model of peer effects on the Court. We estimate the impact of justice ideology and justice votes on the votes of their peers. To identify the peer effects, we use two instruments that generate plausibly exogenous variation in the peer group itself, or in the votes of peers. The first instrument utilizes the fact that the composition of the Court varies from case to case due to recusals or absences for health reasons. The second utilizes the fact that many justices previously sat on Federal Circuit Courts, and

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21

Hall, Mark, and George Klosko. "Political Obligation and the United States Supreme Court." Journal of Politics 60, no. 2 (1998): 462–80. http://dx.doi.org/10.2307/2647918.

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22

al-Alwani, Taha Jaber. ""Fatwa" concerning the United States Supreme Courtroom Frieze." Journal of Law and Religion 15, no. 1/2 (2000): 1. http://dx.doi.org/10.2307/1051512.

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23

Ruger, Theodore W. "The United States Supreme Court and Health Law." Journal of Law, Medicine & Ethics 34, no. 4 (2006): 817–20. http://dx.doi.org/10.1111/j.1748-720x.2006.00102.x.

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Almost everyone involved in the legal profession today is aware of the wide, and perhaps insurmountable, chasm between the scholarly research that takes place in elite law schools and the actual work of practicing lawyers and judges. To a greater extent than other academic professions like medicine and public health, law professors too often have little to say to working lawyers and judges, even those judges on the U.S. Supreme Court. Perhaps this has been the case from the beginning, but the gap appears more dramatic in recent decades, as legal scholarship has departed from traditional doctri

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24

Gibson, James L., Gregory A. Caldeira, and Lester Kenyatta Spence. "Measuring Attitudes toward the United States Supreme Court." American Journal of Political Science 47, no. 2 (2003): 354–67. http://dx.doi.org/10.1111/1540-5907.00025.

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25

Duffy, Jill Ann, and Elizabeth Ardella Laub Lambert. "Researching the Supreme Court of the United States." Legal Reference Services Quarterly 18, no. 2 (2000): 25–60. http://dx.doi.org/10.1300/j113v18n02_03.

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26

Ventose, E. D. "United States Supreme Court affirms plant patentee's rights." Journal of Intellectual Property Law & Practice 8, no. 10 (2013): 745–47. http://dx.doi.org/10.1093/jiplp/jpt138.

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27

Yates, Jeff, and Andrew Whitford. "Presidential Power and the United States Supreme Court." Political Research Quarterly 51, no. 2 (1998): 539–50. http://dx.doi.org/10.1177/106591299805100212.

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28

Somit, Albert, Steven A. Peterson, and Alan Arwine. "UNITED STATES SUPREME COURT JUSTICES AND BIRTH ORDER." Southeastern Political Review 22, no. 3 (2008): 573–84. http://dx.doi.org/10.1111/j.1747-1346.1994.tb00347.x.

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29

Tushnet, M. "United States: Supreme Court rules on affirmative action." International Journal of Constitutional Law 2, no. 1 (2004): 158–73. http://dx.doi.org/10.1093/icon/2.1.158.

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30

Brenner, Saul. "Holdover Cases on the United States Supreme Court." Justice System Journal 14, no. 1 (1990): 95–102. http://dx.doi.org/10.1080/23277556.1990.10871118.

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31

Zaibert, Leo. "Uprootedness as (Cruel and Unusual) Punishment." New Criminal Law Review 11, no. 3 (2008): 384–408. http://dx.doi.org/10.1525/nclr.2008.11.3.384.

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In spite of some protestations to the contrary, some of the practices that the United States immigration law permits are punitive. They are, moreover, terribly severe. If American citizens were to be treated in the ways in which some noncitizens are treated in the United States, they would be victims of cruel and unusual punishment. The paper seeks to show the implausibility of the euphemistic maneuvers that seek to deny this fact, by appealing to arguments put forth by the United States Supreme Court. In particular, the paper argues that the reasons why the United States Supreme Court conside

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32

Rumley, Elizabeth. "303 What’s next for animal welfare from a legal perspective?" Journal of Animal Science 102, Supplement_2 (2024): 11. http://dx.doi.org/10.1093/jas/skae102.012.

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Abstract California’s “Prop 12” indicated a significant change for animal agriculture generally, but for legally mandated animal welfare standards more specifically. This presentation will outline the general requirements of the law and aspects of the United States Supreme Court opinion finding it to be constitutional. It will also discuss the longer term and more widespread effects of the Supreme Court opinion on potential legislation in the United States. Finally, it will preview another Supreme Court case, heard this year and not yet decided, that may have an impact on the regulation of ani

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33

Roberts, Rodney C. "Dissent and Fallay in Dickerson v. United States." Texas Wesleyan Law Review 8, no. 1 (2001): 1–5. http://dx.doi.org/10.37419/twlr.v8.i1.1.

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In his dissent from the majority in Dickerson, Justice Scalia (joined by Justice Thomas) argues that the Court "acts in plain violation of the Constitution when it denies effect to this Act of Congress." This Essay aims to show that an important part of the reasoning in his dissent is fallacious, and insofar as the dissent is influenced by this reasoning, it is without value. Because dissenting opinions generally, and those of the Supreme Court especially, can become valuable in subsequent legal opinions and analyses, and because logic has a clear and important role to play in legal reasoning,

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34

Landers, Shane. "Murphy v. NCAA." Texas A&M Law Review 6, no. 4 (2019): 34–40. http://dx.doi.org/10.37419/lr.v6.arg.3.

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“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Thus, “Congress may not simply ‘commandee[r] the legislative processes of the States by directly compelling them to enact and enforce a federal regulatory program.’” In Murphy v. NCAA, the United States Supreme Court held that a federal law that prevents States from legalizing sports gambling “violates the anticommandeering rule.” The Supreme Court’s decision in Murphy reemphasizes a fundamental principle of dual sovereignty—Congres

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35

Maitland, Michael. "The Legacy of Korematsu: A Story of Confinement and Vindication, As Told through Archival Documents." DttP: Documents to the People 45, no. 4 (2018): 3. http://dx.doi.org/10.5860/dttp.v45i4.6564.

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In February 1942, President Franklin Roosevelt issued Executive Order No. 9066 authorizing the exclusion of certain citizens from the west coast of the United States. That order began a cascade of other measures that culminated in the displacement and internment of approximately 120,000 Japanese Americans and people of Japanese ancestry. Fred Korematsu, a native-born citizen of the United States and resident of California challenged the legality of the order in a series of cases and appeals that eventually ascended to the US Supreme Court. In the culmination of those disputes, Korematsu v. Uni

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36

Hunter, Richard J., John H. Shannon, and Hector R. Lozada. "The “Big Five” Decisions of the United States Supreme Court from June 2022: Ten Days of Consequences for the United States Supreme Court and the American People." Global Journal of Politics and Law Research 10, no. 4 (2022): 14–39. http://dx.doi.org/10.37745/gjplr.2013/vo10n4pp1439.

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This study on the United States Supreme Court will feature five opinions handed down by the Court relating to abortion, Second Amendment rights, two cases relating to religious liberty, and the confluence of “climate change” and administrative law that the Court decided before it adjourned for its 2022 summer recess. The paper will explain what the Supreme Court decided and then include critical passages from the holdings of the actual opinions handed down by the Court by quoting from the Supreme Court syllabus or summary, as well as pertinent portions of any majority or dissenting opinions.

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37

Rogers, Alan. "State Constitutionalism and the Death Penalty." Journal of Policy History 20, no. 1 (2008): 143–56. http://dx.doi.org/10.1353/jph.0.0011.

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Concerned that the United States Supreme Court's abolition of the death penalty in Furman v. Georgia (1972) would not be sustained, abolitionists turned to state supreme courts. Through their efforts, two states succeeded in realizing that goal: California, briefly, and Massachusetts, where the death penalty remains unconstitutional.

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38

Machaj, Łukasz. "Freedoms of Expression, Political Extremism and Seditious Speech in the United States Supreme Court’s Jurisprudence Part I." Studia nad Autorytaryzmem i Totalitaryzmem 39, no. 3 (2018): 7–21. http://dx.doi.org/10.19195/2300-7249.39.3.1.

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FREEDOMS OF EXPRESSION, POLITICAL EXTREMISM AND SEDITIOUS SPEECH IN THE UNITED STATES SUPREME COURT’S JURISPRUDENCE PART IThe article is the first part of a monothematic cycle devoted to the case law of the Supreme Court of the United States concerning the scope of constitutional protection of seditious and politically extremist speech under the First Amendment to the United States Constitution. The author discusses the historical origins of the problem in question, focusing particularly on the decisions and practical application of the so-called Sedition Act of 1798, a regulation which drast

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39

Mody, Purav, and Ankana Daga. "Supreme Court of India legalizes passive euthanasia." National Journal of Physiology, Pharmacy and Pharmacology 2, no. 1 (2011): 91. https://doi.org/10.5455/njppp.2011.v1.i2.8.

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Recently, India joined a select group of countries worldwide such as Belgium, Luxembourg, Netherlands, Switzerland and the states of Oregon and Washington in the United States in legalizing the administration of passive euthanasia.

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40

Khan, Bushra. "JUDICIAL REVIEW OF COUNTER-TERROR LEGISLATION: THE JURISPRUDENCE OF THE UNITED STATES SUPREME COURT AND THE SUPREME COURT OF PAKISTAN." Pakistan Journal of Social Research 04, no. 04 (2022): 1010–18. http://dx.doi.org/10.52567/pjsr.v4i04.907.

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Since the attacks of 9/11, terrorism has emerged as a serious concern for national security. Both the United States and Pakistan have and continue to experience the scourge of terrorism and strive to grapple with it in a manner that is compliant with their constitution. Consequently, the counter-terrorism measures put in place by both states have been put to review by the highest constitutional courts of the states. This work attempts to analyze the jurisprudence of the United States Supreme court and the Supreme Court of Pakistan and examines whether the former has impacted the interpretation

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41

Gray, Anthony Davidson. "Religious-based discrimination in the commercial context on the basis of sexual orientation: A comparative perspective." Common Law World Review 51, no. 3 (2022): 198–228. http://dx.doi.org/10.1177/14737795211071100.

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This paper considers how three jurisdictions, Canada, the United States and the United Kingdom, have sought to reconcile freedom of religion with equality rights, particularly in the commercial context, and particularly in relation to sexual orientation. The recent decisions of the United Kingdom Supreme Court and United States Supreme Court form the backdrop for that discussion. It is argued that the former made piecemeal, and misleading, use of American case law, and a fuller consideration of that jurisdiction’s position was warranted, and would have led to a different view of the recent Ame

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42

Miller, Mark C. "Legal Discrimination in the United States based on Sexual Orientation and Gender Identity." American Studies in Scandinavia 49, no. 1 (2017): 41–59. http://dx.doi.org/10.22439/asca.v49i1.5462.

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When the U.S. Supreme Court declared that same-sex marriage would be legal throughout the country, that decision did not end the possibility of other types of discrimination on the basis of sexual orientation or gender identity. The U.S. Supreme Court has been very unclear about what standard to use when the courts face claims of discrimination based on these characteristics. In cases decided under the Fourteenth Amendment’s Equal Protection Clause, the Court has stated that lower courts should use one of three standards, based on the type of discrimination alleged. These three standards for r

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43

Appelbaum, Paul S. "The Empirical Jurisprudence of the United States Supreme Court." American Journal of Law & Medicine 13, no. 2-3 (1987): 335–49. http://dx.doi.org/10.1017/s009885880000839x.

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The age of empirical jurisprudence appears to be upon us. At both trial and appellate levels, empirical data are playing ever more prominent roles in civil and criminal adjudication. Expert witnesses were once confined to a narrow class of forensic scientists. Today psychologists, sociologists, statisticians, and other empirical researchers regularly testify in court. Lawyers aware of the value of using empirical argument hire expert witnesses to discuss and dispute vast bodies of data often generated precisely for the purpose of influencing legal decision-makers.Courts are continually being a

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44

Marcus, Paul. "United states supreme court invalidates death penalty for minors." Revue internationale de droit pénal 76, no. 1 (2005): 129. http://dx.doi.org/10.3917/ridp.761.0129.

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45

Ware, A. "Taking Electoral Politics to the United States Supreme Court." Oxford Journal of Legal Studies 21, no. 2 (2001): 381–92. http://dx.doi.org/10.1093/ojls/21.2.381.

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46

Clark, Tom S. "Measuring Ideological Polarization on the United States Supreme Court." Political Research Quarterly 62, no. 1 (2008): 146–57. http://dx.doi.org/10.1177/1065912908314652.

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47

ANDERSON IV, ROBERT, and ALEXANDER M. TAHK. "Institutions and Equilibrium in the United States Supreme Court." American Political Science Review 101, no. 4 (2007): 811–25. http://dx.doi.org/10.1017/s0003055407070591.

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Over the last decade the scholarship on judicial politics has increasingly emphasized the strategic aspects of decision making in the United States Supreme Court. This scholarship, however, has struggled with two significant limitations—the restriction to unidimensional policy spaces and the assumption of binary comparisons of alternatives. These two assumptions have the advantage of implying stable, predictable outcomes, but lack a sound theoretical foundation and assume away potentially important aspects of strategic behavior on the Court. In this article, we identify institutional features

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48

Malmquist, Carl P. "United States Supreme Court and Psychiatry: A Critical Look." Journal of Psychiatry & Law 13, no. 1-2 (1985): 137–64. http://dx.doi.org/10.1177/0093185385013001-209.

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The entrance of the United States Supreme Court into the field of mental health law in the last decade has been seen by some as heralding a commitment of the Court to mental health issues. A review of key cases reveals a disjointed approach to the issues with an ambivalence and inconsistency in the viewpoint taken toward the role and efficacy of psychiatry. While some cases have emphasized individual rights, such as incompetency issues, and a newly created right to psychiatric assistance at trial for indigents, other cases have refused to give psychiatric treatment centers the right to adminis

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49

Bagley, Nicholas. "Will the Supreme Court Hear Texas v United States?" JAMA Health Forum 1, no. 2 (2020): e200140. http://dx.doi.org/10.1001/jamahealthforum.2020.0140.

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50

Czop, Maciej. "Windsor and Obergefell as a Benchmark for Marriage Equality in Poland." Przegląd Prawniczy TBSP UJ 2023, no. 2 (2024): 5–25. https://doi.org/10.5281/zenodo.12624981.

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Two landmark rulings of the Supreme Court of the United States in Windsor v. United States and Obergefell v. Hodges led to the full institutionalization of same-sex marriage in that country. The article contains a historical as well as a legal analysis of both those decisions. Furthermore, it reconstructs the arguments raised by the U.S. Supreme Court on the basis of Polish and international law to answer whether Polish courts could issue similar rulings.

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