scholarly journals Comforted But Not Compensated? Mourners and Funeral Picketing in English Law

2015 ◽  
Vol 17 (3) ◽  
pp. 283-294
Author(s):  
Carolyn Shelbourn
Keyword(s):  
United States ◽  
Canon Law ◽  
United States Supreme Court ◽  
The United States ◽  
Baptist Church ◽  
Westboro Baptist Church ◽  
Active Service ◽  
Day Services ◽  
The Right ◽  
The Impact

In recent years there have been protests at Armistice Day services and at the funeral of Margaret Thatcher, but these events seem insignificant compared to the impact of the ‘funeral picketing’ carried out in the United States by members of the Westboro Baptist Church, principally at the funerals of American forces personnel killed on active service. This has caused considerable distress to family members and wide public outrage. In 2011 the United States Supreme Court held in Snyder v Phelps that the right of freedom of speech of the WBC rendered them immune to claims for damages by mourners affected by their picketing. This article will first consider how English secular and canon law could be used to restrict the practice of funeral picketing and secondly discuss whether current law could provide a remedy for mourners distressed by funeral picketing and other forms of protest at funerals, were they to take place.

scholarly journals State Legislatures Have the Courage to Pass Antiabortion Laws and Test the Ideology of the “New” United States Supreme Court

2020 ◽  
Vol 3 (1) ◽  
pp. 136-150
Author(s):  
Jill Oeding
Keyword(s):  
United States ◽  
Supreme Court ◽  
State Legislatures ◽  
United States Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Undue Burden ◽  
Constitutional Right ◽  
Reported Data ◽  
The Right

Many state legislatures are racing to pass antiabortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. While the number of abortions reported to be performed annually in the United States has declined over the last decade, according to the most recent government-reported data, the number of abortions performed on an annual basis is still over 600,000 per year. Abortion has been legal in the United States since 1973, when the Supreme Court recognized a constitutional right to have an abortion prior to viability (i.e. the time when a baby could possibly live outside the mother’s womb). States currently have the right to forbid abortions after viability.  However, prior to viability, states may not place an “undue burden” in the path of a woman seeking an abortion. The recent appointments of two new Supreme Court justices, Neil Gorsich and Brett Kavanaugh, give pro-life states the best chance in decades to overrule the current abortion precedent. The question is whether these two new justices will shift the ideology of the court enough to overrule the current abortion precedent.

scholarly journals RESPONSABILIDADE EM FACE DE PIQUETE NA JURISPRUDÊNCIA NORTE-AMERICANA

2019 ◽  
Vol 1 (54) ◽  
pp. 499
Author(s):  
Edilton MEIRELES
Keyword(s):  
United States ◽  
Supreme Court ◽  
Freedom Of Expression ◽  
United States Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Deductive Method ◽  
The Face ◽  
The Subject ◽  
The Right

RESUMONeste trabalho tratamos do direito de manifestação em piquetes e da responsabilidade que possa advir desses atos em face da jurisprudência da Suprema Corte dos Estados Unidos da América. A partir da análise das principais decisões da Suprema Corte se pode concluir que, de modo geral, os participantes do piquete não respondem quando agem de forma não ilegal. Está sedimentado, no entanto, o entendimento de que o organizador do piquete responde pelos atos dos participantes. A pesquisa desenvolvida se justifica enquanto estudo comparativo e diante do pouco debate existente no Brasil a respeito do tema. Na pesquisa foi utilizado o método dedutivo, limitada à ciência dogmática do direito, com estudo de casos apreciados pelo judiciário. PALAVRAS-CHAVES: Responsabilidade; Piquete; Estados Unidos; Suprema Corte; Liberdade De Expressão. ABSTRACTIn this work we deal with the right of demonstration in pickets and the responsibility that may arise from these acts in the face of the jurisprudence of the Supreme Court of the United States of America. From the analysis of the Supreme Court's main decisions it can be concluded that, in general, the picket participants do not respond when they act in a non-illegal way. It is settled, however, the understanding that the picket organizer responds by the acts of the participants. The research developed is justified as a comparative study and in view of the little debate that exists in Brazil regarding the subject. In the research was used the deductive method, limited to the dogmatic science of law, with study of cases appreciated by the judiciary.KEYWORDS: Responsibility; Picket; United States; Supreme Court; Freedom Of Expression.

scholarly journals PERIACETABULAR OSTEOTOMY IN ACTIVE DUTY U.S. MILITARY PERSONNEL: A SINGLE CENTER’S EXPERIENCE WITH A MINIMUM OF TWO YEARS FOLLOW-UP

2020 ◽  
Vol 8 (4_suppl3) ◽  
pp. 2325967120S0014
Author(s):  
Andrew S. Murtha ◽  
Matthew R. Schmitz
Keyword(s):  
United States ◽  
Military Service ◽  
Periacetabular Osteotomy ◽  
The United States ◽  
Active Duty ◽  
Service Members ◽  
Military Service Members ◽  
Active Service ◽  
The Impact

Background: The primary focus of periacetabular osteotomy (PAO) literature has been survivorship until hip arthroplasty. This endpoint overlooks its impact on young, active patients. Hypothesis/Purpose: This study sought to assess the impact of the PAO on the careers of active duty members of the United States Armed Forces. Methods: A retrospective review identified 38 patients who underwent PAO performed by a single surgeon at an academic, military medical center from January 2014 through April 2017. Twenty-one of the patients were active duty United States military service members (16 female, 5 male) and had a minimum 28 months of post-operative follow-up at the time of review. Preoperative and postoperative duty restrictions were noted and referrals to the U.S Army and U.S. Air Force Medical Evaluation Boards (MEB) were queried. Results: The average age at surgery was 25.6 years (range, 19-40y). Preoperatively, sixteen patients (94.1%) were on duty restrictions, one had been referred to the MEB, and records were not available on three patients who separated from the military prior to review. Average follow-up was 3.4 years (range, 2.3 – 5.4y). Among the patients without a preoperative MEB referral, 85.0% remained on active duty (n = 12) or completed their military service commitment (n=5). Of the fourteen patients with temporary duty restrictions preoperatively, 35.7% (n=5) were relieved of their restrictions and returned to full duty and 50% (n=7) were retained on active service with permanent duty restrictions. Such permanent duty restrictions typically consisted of modifications to the aerobic component of the semiannual military fitness testing. Six patients (28.6%) were referred to the MEB including one who was referred prior to PAO. Of these patients, two were deemed fit to retain on active service with permanent duty restrictions, two were medically separated for non-hip conditions, and two were medically separated for a hip condition. The average Veteran Affairs (VA) disability score related to hip pathology in patients referred to MEB was 16% (range 0-40%). Conclusion: This is the first study to look at the PAO in active duty military service members. In patients with symptomatic acetabular dysplasia, PAO may provide an opportunity to relieve preoperative duty restrictions and allow for continued military service. Further study with the inclusion of patient reported outcomes are necessary assess the impact of the procedure in this active patient population.

Public Deficits and Surpluses in Federated States: A Review of the Public Choice Empirical Literature

2004 ◽  
Vol 22 (3) ◽  
pp. 123-145 ◽  
Author(s):  
Louis M. Imbeau
Keyword(s):  
United States ◽  
Public Choice ◽  
The United States ◽  
Empirical Literature ◽  
Systematic Observation ◽  
Economic Cycles ◽  
German Länder ◽  
Canadian Provinces ◽  
The Right ◽  
The Impact

Abstract The purpose of this paper is to review the empirical public choice literature explaining deficits levels in federated states. First, I describe theoretical constructs, showing how new theories have developed by releasing one of the basic Ricardo-Barro assumptions. Empirical results bearing on the federated states of Australia, Canada, Germany, Switzerland, and the United States are then reviewed to assess which hypothesis, in which setting, is confirmed by systematic observation. On the whole, this literature shows that economic cycles have an impact on budget balances. It also shows that deficits are higher in election years in German Lander, Canadian provinces, and American states, but not in Australian states nor in Swiss cantons. In addition, the literature tends to support the hypothesis that the stringency of budgetary rules is related to higher budget balances in Canada, Switzerland, and in the United States. Finally, government fragmentation has no impact on the budget balances of federated states and parties of the left do not have higher deficits than parties of the right, except in Switzerland where empirical evidence is mixed. Rather, parties of the center or of the right do have higher deficits in German Lander and in Canadian provinces. In the concluding section, I discuss two issues: the impact of rules, and the partisan cycle hypothesis.

The Foreign Sovereign Immunities Act and Public Debt Litigation: Some Fifteen Years Later

1994 ◽  
Vol 88 (2) ◽  
pp. 257-279 ◽  
Author(s):  
Georges R. Delaume
Keyword(s):  
United States ◽  
Supreme Court ◽  
Public Debt ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Debt Rescheduling ◽  
The Impact ◽  
Difficult Situations

The decision of the United States Supreme Court in Republic of Argentina v. Weltover, Inc. is an invitation to reassess the impact of the Foreign Sovereign Immunities Act (FSIA) upon public debt litigation. In contrast with other activities of foreign states, which have been the object of extensive and continuing litigation, barely two dozen cases involving public debt disputes have been reported since the FSIA took effect. Whether this situation is attributable to the care with which transnational loan documents are usually drafted or to some other reasons, including possibly the contemporary tendency to rely on debt rescheduling as a means of remedying difficult situations, is an interesting matter of speculation. Whatever the explanation for the relatively limited number of public debt cases, Weltover can be expected to have a decisive impact upon future litigation.

scholarly journals An Argument for the Admissibility of Execution Impact Evidence in Pennsylvania

2005 ◽  
Vol 67 (2) ◽  
Author(s):  
Paige H. Forster
Keyword(s):  
United States ◽  
Supreme Court ◽  
Death Penalty ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Capital Trials ◽  
Eighth Amendment ◽  
The Impact ◽  
Penalty Phase

In 1991, the United States Supreme Court made a significant change to sentencing proceedings during capital trials. The Court ruled in Payne v. Tennessee that the Eighth Amendment does not prohibit “victim impact evidence,” testimony about the character of the murder victim and the impact of the death on the victim’s family. The Payne decision permits highly emotional testimony from family members to enter into the penalty phase of a death penalty trial.

scholarly journals Moments of Emergence: Organizing by and with Undocumented and Non-Citizen People in Canada after September 11

Refuge ◽  
1969 ◽  
pp. 5-15
Author(s):  
Cynthia Wright
Keyword(s):  
United States ◽  
North American ◽  
The United States ◽  
September 11 ◽  
The Right ◽  
The Impact

Striking new campaigns across Europe, the United States, and Australia led by refugees, im/migrants, undocumented people, and allies challenge controls over the right to move freely across borders. Situating similar formations within Canada in transnational context, this article anatomizes the impact of September 11 on North American organizing. Drawing on the argument that the construction of September 11 as a national event was ideologically necessary for war abroad and criminalization of immigrants domestically, the article evaluates strategies for confronting state criminalization, detention, racialized citizenship, and “illegality.” It concludes that, far from utopian, “no-border” and “undocumented” movements are fundamentally politically necessary in the current dangerous conjuncture.

Preserving Liberty While Combatting Terrorism: An American Experience

2003 ◽  
Vol 24 (1) ◽  
pp. 113-131
Author(s):  
Steven R. Shapiro
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
Pearl Harbor ◽  
United States Supreme ◽  
Bill Of Rights ◽  
Martial Law ◽  
American Experience ◽  
The Right

In 1946, the United States Supreme Court ruled that the declaration of martial law in Hawaii following Pearl Harbor did not suspend the Bill of Rights and did not deprive civilians accused of crime of the right to trial by jury in a civilian rather than a military court. In a concurring opinion, Justice Frank Murphy wrote.

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