Building the Judiciary: Law, Courts, and the Politics of Institutional Development. By Justin Crowe. Princeton: Princeton University Press, 2012. 328p. $80.00 cloth, $35.00 paper.

2013 ◽  
Vol 11 (1) ◽  
pp. 216-218
Author(s):  
Maria Popova

Justin Crowe has written an accessible, thorough, and compelling history of the institutional development of the US Supreme Court and the federal judiciary it sits atop, from their inconspicuous inception in February 1790 to their current status as, perhaps, the most powerful judiciary in the world.

Author(s):  
A. O. Maslov

Year by year, digital platforms are becoming more popular in doing business. At the same time antitrust regulators around all the world face with challenges in analyzing the market boundaries where digital platforms’ owners participate.The article examines legal aspects of determining product and geographical boundariesof markets where digital platforms’ owners operate.The article deals with Amex case in which The US Supreme Court held that boundaries of the market where two-sided transactional digital platforms’ owners operate should be determined by the transaction. No doubt, this approach is debatable and the fact that the Court issued 5—4 decision proves that.The article also deals with approaches in competition law doctrine to defining the boundaries of product markets in which the owners of digital platforms are involved.


2020 ◽  
Vol 5 (1) ◽  
pp. 6
Author(s):  
Jennifer Elaine Steele

Censorship is a centuries-old issue for the United States. The importance of intellectual freedom and the freedom of speech is particularly evident in libraries, organizations dedicated to the access and spread of information. Issues regarding censorship and intellectual freedom have even reached the US Supreme Court. The following essay serves as a history of censorship in the United States, particularly in its libraries, and how the same issues of censorship have now transitioned into the digital age.


2002 ◽  
Vol 61 (2) ◽  
pp. 463-492
Author(s):  
Christopher Forsyth

The Constitution of India is a mammoth instrument—the largest Constitution in the world—with 395 articles, 12 Schedules and 83 amendments. Accounts of the constitutional law of India are thus inevitably very large. The late H.M. Seervai’s multi-volume Constitution of India (4th edn., 1993) is well known and rightly described as “monumental”. But now a new work is making its presence felt. Arvind Datar originally intended to write no more than a Student’s Edition of Seervai. But Seervai refused permission for this project, taking the view, probably with justice, that his work could not be summarised. So Datar decided to write an article by article commentary of the Constitution and Datar on Constitution of India is the result. The resulting book is monumental in its own right. It deals exhaustively with each of the articles of the constitution. The author makes it plain that he could have written a much longer book in that he refers only to decisions of the Supreme Court of India. Only where the Supreme Court has been silent does he refer to relevant decisions of the several state High Courts. None the less, his approach is commendably comparative. The Constitution of the United States is often referred to (and it is in fact reproduced in an appendix) as are decisions of the US Supreme Court. But the work as a whole shows that “Not the Potomac, but the Thames, fertilises the flow of the Yamuna” (Krishna Iyer J. in Samsher Singh v. Union of India AIR 1974 SC 2192 at 2212 cited by Datar on p. 396).


2015 ◽  
Vol 17 (3) ◽  
pp. 341-347
Author(s):  
Vanja-Ivan Savić

Exactly 80 years has passed since the completion of the United States Supreme Court building. This comment is not another paper about the importance or historical influence of the greatest of all American institutions, nor about dramatic cases which shaped America, nor about justices and their approaches, nor about characters or world views. It is about architecture and the messages which are sent from the facade of this strong institution to which legal scholars and practitioners from around the world look.


2020 ◽  
pp. 168-200
Author(s):  
David E. Settje

No period during Watergate moved as quickly as mid-1974. In May, judicial action forced President Nixon to release damaging transcripts of private taped conversations. By July, the US Supreme Court ruled unanimously that Nixon must release the actual recordings, which was followed by the House Judiciary Committee passing the first three articles of impeachment with the charge of obstruction of justice. The content of the tapes proved the smoking gun to many because of conversations the president had within a week of the initial Watergate break-in, exposing how early he knew about it. Like Republicans on the Judiciary Committee who changed their vote as a result of the tapes, conservatives joined liberals within Protestantism to now condemn the president, though they continued to differ about their theological outlooks.


Author(s):  
Samuel K. Cohn, Jr.

This chapter examines evidence principally from the US that the Great Influenza provoked profiteering by landlords, undertakers, vendors of fruit, pharmacists, and doctors, but shows that such complaints were rare and confined mostly to large cities on the East Coast. It then investigates anti-social advice and repressive decrees on the part of municipalities, backed by advice from the US Surgeon General and prominent physicians attacking ‘spitters, coughers, and sneezers’, which included state and municipal ordinances against kissing and even ‘big talkers’. It then surveys legislation on compulsory and recommended mask wearing. Yet this chapter finds no protest or collective violence against the diseased victims or any other ‘others’ suspected of disseminating the virus. Despite physicians’ and lawmakers’ encouragement of anti-social behaviour, mass volunteerism and abnegation instead unfolded to an extent never before witnessed in the world history of disease.


Author(s):  
J. R. McNeill

This chapter discusses the emergence of environmental history, which developed in the context of the environmental concerns that began in the 1960s with worries about local industrial pollution, but which has since evolved into a full-scale global crisis of climate change. Environmental history is ‘the history of the relationship between human societies and the rest of nature’. It includes three chief areas of inquiry: the study of material environmental history, political and policy-related environmental history, and a form of environmental history which concerns what humans have thought, believed, written, and more rarely, painted, sculpted, sung, or danced that deals with the relationship between society and nature. Since 1980, environmental history has come to flourish in many corners of the world, and scholars everywhere have found models, approaches, and perspectives rather different from those developed for the US context.


Author(s):  
Christoph Bezemek

This chapter assesses public insult, looking at the closely related question of ‘fighting words’ and the Supreme Court of the United States’ decision in Chaplinsky v New Hampshire. While Chaplinsky’s ‘fighting words’ exception has withered in the United States, it had found a home in Europe where insult laws are widely accepted both by the European Court of Human Rights and in domestic jurisdictions. However, the approach of the European Court is structurally different, turning not on a narrowly defined categorical exception but upon case-by-case proportionality analysis of a kind that the US Supreme Court would eschew. Considering the question of insult to public officials, the chapter focuses again on structural differences in doctrine. Expanding the focus to include the Inter-American Court of Human Rights (IACtHR) and the African Court on Human and Peoples’ Rights (ACtHPR), it shows that each proceeds on a rather different conception of ‘public figure’.


PEDIATRICS ◽  
1996 ◽  
Vol 97 (2) ◽  
pp. 254-257
Author(s):  
ARI J. SCHWARTZ ◽  
LAWRENCE R. RICCI

Unlike the severe abuse that was reported in early child abuse literature, more moderate injuries comprise 60% of physical child abuse. These less-severe abuse cases, many with limited, ill-defined bruising, may be more difficult to diagnose than a severe case with multiple-system injury or a child with specific, clearly imprinted bruising. Additionally, as the US Supreme Court observed, "Child abuse is one of the most difficult crimes to detect and prosecute in large part because there often are no witnesses except the victim. Estimates of ages of bruises along with the aging of other injuries such as fractures and brain trauma may offer the only way to associate an injury with a particular perpetrator. Yet, as an aid to child abuse diagnosis and perpetrator identification, visual aging of bruises remains an inexact science, despite recent composite charts that suggest otherwise. Even though it has been stated that it is not possible to age bruises accurately based on color, these opinions have not been represented in the child abuse literature. The study of Langlois and Gresham, to date the only research-based study of bruise aging by appearance, has not yet been cited in the medical literature (Science Citation Index search, August 1994). The available literature does not permit the estimation of a bruise's age with any precision based solely on color. Even for the practitioner to state, as Wilson suggests, that a particular bruise is "consistent with" a specific age implies a level of certainty not supported by the literature. Bruises may be described as "older" if yellow, brown, or green are present, but practitioners should note the limitations of bruise age analysis. Of course, the practitioner must continue to describe the size, shape, location, and color of each bruise accurately. This is best done by written description and drawings along with careful photographic representation. Photographs of a bruise, however, depending on available light and technique, may not represent color accurately. A standard color wheel in the photograph may help. Future research should focus on a number of questions. A study of the aging of bruises, using contusions of known age and history-blinded examiners, could determine how accurate clinical estimates are. Interobserver reliability may also be assessed in such a study. The study of Langlois and Gresham should be repeated to confirm or to refute their findings. A photographic sequence of various bruises from appearance to resolution would give researchers and clinicians a reference of possible colors in different-aged bruises for standardized description. The estimated age of a bruise should never be the sole criteria for a diagnosis of child abuse, but, rather, one component of a comprehensive assessment that incorporates a careful history of the injury, past medical history, family history, associated risk factors, a detailed physical examination, and appropriate laboratory testing.


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