Carl Schmitt and the Jewish Leviathan: The Supreme Court vs. the Sovereign Knesset

Emanuele Ottolenghi

doi:10.2979/isr.2001.6.1.101

Carl Schmitt and the Jewish Leviathan: The Supreme Court vs. the Sovereign Knesset

Israel Studies ◽

10.1353/is.2001.0006 ◽

2001 ◽

Vol 6 (1) ◽

pp. 101-125 ◽

Cited By ~ 1

Author(s):

Emanuele Ottolenghi

Keyword(s):

Supreme Court ◽

Carl Schmitt ◽

The Supreme Court

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Exclusion, Enmity, and the Normalization of the Exception: The September 2015 Incidents and the Development of Sovereign Dictatorship in Tajikistan

Central Asian Affairs ◽

10.30965/22142290-bja10009 ◽

2020 ◽

Vol 7 (3) ◽

pp. 267-292

Author(s):

Edward Lemon ◽

Omid Rahimi

Keyword(s):

Decision Making ◽

Supreme Court ◽

Carl Schmitt ◽

Critical Moment ◽

The Supreme Court ◽

Terrorist Organization ◽

History Of ◽

The Government ◽

Post War ◽

Coup Attempt

The armed rebellion of Deputy Defense Minister Abduhalim Nazarzoda in September 2015 was a critical moment in the post-war history of Tajikistan. The rebellion, which the government blamed on the Islamic Renaissance Party, formed the justification for the Supreme Court to classify the party as a terrorist organization and arrest its leadership. While the government framed the events as a coup attempt, supported by the IRPT, the narrative had inconsistencies and Nazarzoda had been loyal to the state since the end of the civil war. Using the ideas of Carl Schmitt, who argued that sovereignty lies in the ability of a strong executive to monopolize decision-making, define when there is an emergency, and how to resolve it. In this case, president Rahmon used the the sense of emergency and threat created by the “coup” attempt to dismantle the IRPT and then have himself legally declared “Leader of the Nation.”

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

The Journal of Law Medicine & Ethics ◽

10.1017/s1073110500012973 ◽

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.

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

Guides Newsletter ◽

10.1001/amaguidesnewsletters.2017.julaug03 ◽

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.

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