The Supreme Court as a Political Entrepreneur in the Process of Institutional Change – an Analysis Based on Shared Mental Models and Political Entrepreneurship

2011 ◽  
pp. 43-62
Author(s):  
Assaf Meydani
Keyword(s):  
Institutional Change ◽  
Supreme Court ◽  
Mental Models ◽  
Shared Mental Models ◽  
The Supreme Court ◽  
Political Entrepreneur ◽  
Political Entrepreneurship

The Early Republic

2012 ◽  
Author(s):  
Justin Crowe
Keyword(s):  
Supreme Court ◽  
Early Republic ◽  
Large Scale ◽  
Institutional Design ◽  
Institution Building ◽  
Judicial Reform ◽  
Federal Judiciary ◽  
The Supreme Court ◽  
Three Stages ◽  
Political Entrepreneurship

This chapter examines the establishment of the federal judiciary from the beginning of George Washington's first term as president in 1789 to the end of Thomas Jefferson's first term in 1805. It considers three questions about the tumultuous politics of institutional design that followed the ratification of the Constitution: first, why judicial institution building was pursued; second, how it was accomplished; and third, what it achieved. It also discusses the three stages in which judicial institution building during this era occurred: stages: the policy compromise of 1789, the stalemate preventing large-scale judicial reform in the 1790s, and the flurry of policy and political initiatives of the early 1800s. The chapter concludes with an assessment of how Oliver Ellsworth's political entrepreneurship paved the way for a landmark, precedent-setting episode of judicial institution building that extended judicial power and expanded the judicial apparatus beyond simply the Supreme Court.

scholarly journals Supreme Court, Institutional Change and Authoritarian Regimes: Argentina and Brazil (1964-1985)

2018 ◽  
Author(s):  
Andrés Del Río
Keyword(s):  
Institutional Change ◽  
Supreme Court ◽  
Historical Perspective ◽  
Authoritarian Regimes ◽  
Institutional Transformation ◽  
Institutional Changes ◽  
Past Century ◽  
The Past ◽  
High Courts ◽  
The Supreme Court

Over the past century, Latin America experienced important political changes. Many countries in the region –such as Argentina and Brazil– faced both harsh authoritarian governments and flourishing democracies. In these two countries, the constant changes of political regimes also brought important institutional changes in the Judicial Power, particularly in the Supreme Court. This paper will analyze the institutional change of the Supreme Court from a comparative perspective. By looking at the cases of Argentina and Brazil, we will review the trajectory of both High Courts in a violent political moment (1964 - 1985). In particular, we will analyze the ways in which these courts were altered in moments of authoritarian regimes. Our analysis will focus on the means used to alter each Court and the objectives of these modifications. Although the cases share some similarities, it is fundamental to remark that each case has its particular trajectory. To understand this, we will analyze the institutional transformation of the High Courts in Argentina and Brazil from a historical perspective, always keeping in mind the violent contexts in which these changes tend to occur.

Institutional Change and the Importance of Understanding Shared Mental Models

Kyklos ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 371-391 ◽  
Author(s):  
William F. Shughart ◽  
Diana W. Thomas ◽  
Michael D. Thomas
Keyword(s):  
Institutional Change ◽  
Mental Models ◽  
Shared Mental Models

Malpractice & Negligence: Cal. Supreme Court Clarifies Negligence Provisions under State’s Elder Abuse Act

1999 ◽  
Vol 27 (2) ◽  
pp. 203-203
Author(s):  
Kendra Carlson
Keyword(s):  
Health Care ◽  
Supreme Court ◽  
Health Care Providers ◽  
Elder Abuse ◽  
Skilled Nursing Facility ◽  
Pressure Sores ◽  
Care Providers ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
The Supreme Court

The Supreme Court of California held, in Delaney v. Baker, 82 Cal. Rptr. 2d 610 (1999), that the heightened remedies available under the Elder Abuse Act (Act), Cal. Welf. & Inst. Code, §§ 15657,15657.2 (West 1998), apply to health care providers who engage in reckless neglect of an elder adult. The court interpreted two sections of the Act: (1) section 15657, which provides for enhanced remedies for reckless neglect; and (2) section 15657.2, which limits recovery for actions based on “professional negligence.” The court held that reckless neglect is distinct from professional negligence and therefore the restrictions on remedies against health care providers for professional negligence are inapplicable.Kay Delaney sued Meadowood, a skilled nursing facility (SNF), after a resident, her mother, died. Evidence at trial indicated that Rose Wallien, the decedent, was left lying in her own urine and feces for extended periods of time and had stage I11 and IV pressure sores on her ankles, feet, and buttocks at the time of her death.

Medical and Legal Issues Raised by the Protz Decision Issued by the Pennsylvania Supreme Court

2017 ◽  
Vol 22 (4) ◽  
pp. 12-13
Author(s):  
LuAnn Haley ◽  
Marjorie Eskay-Auerbach
Keyword(s):  
Supreme Court ◽  
Scientific Evidence ◽  
Workers Compensation ◽  
Sixth Edition ◽  
Complex Concept ◽  
The Supreme Court ◽  
Compensation Claims ◽  
Recent Edition ◽  
Impairment Ratings ◽  
Definition Of

Abstract Pennsylvania adopted the impairment rating provisions described in the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in 1996 as an exposure cap for employers seeking predictability and cost control in workers’ compensation claims. In 2017, the Supreme Court of Pennsylvania handed down the Protz decision, which held that requiring physicians to apply the methodology set forth in the most recent edition of the AMA Guides reflected an unconstitutional delegation of legislative power to the American Medical Association. The decision eliminates the impairment-rating evaluation (IRE) mechanism under which claimants were assigned an impairment rating under the most recent edition of the AMA Guides. The AMA Guides periodically are revised to include the most recent scientific evidence regarding impairment ratings, and the AMA Guides, Sixth Edition, acknowledges that impairment is a complex concept that is not yet defined in a way that readily permits an evidence-based definition of assessment. The AMA Guides should not be considered standards frozen in time simply to withstand future scrutiny by the courts; instead, workers’ compensation acts could state that when a new edition of the AMA Guides is published, the legislature shall review and consider adopting the new edition. It appears unlikely that the Protz decision will be followed in other jurisdictions: Challenges to using the AMA Guides in assessing workers’ compensation claims have been attempted in three states, and all attempts failed.

Television News and the Supreme Court

1998 ◽  
Author(s):  
Elliot E. Slotnick ◽  
Jennifer A. Segal
Keyword(s):  
Supreme Court ◽  
Television News ◽  
The Supreme Court
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