On the face of it, the 5 June ruling by the U.S. Court of Appeals for the District of Columbia Circuit, affirming the earlier dismissal of the youths’ case, is a setback. However, the Court’s ruling positions the case to proceed to the Supreme Court on the question of whether the federal government has a public trust obligation to its citizens. The Court of Appeals focused on a recent U.S. Supr...

Despite the fact that judicial scholars have developed reasonably well-specified models of the voting behavior of U.S. Supreme Court justices, little attention has been paid to influences on the consistency of the choices justices make. Aside from the methodological problems associated with failure to account for heteroskedasticity with regard to the justices’ voting behavior, I argue that vari...

The paper is the first of several ones [63,73] describing a mathematical structure developed in the FSTP project, mathematically modeling Substantive Patent Law (“SPL“) and its US Highest Courts‘ precedents primarily for emerging technologies inventions. Chapter 2 presents this mathematical structure comprising particularly 3 abstraction levels each comprising “inventive concepts“, their “subse...

This paper provides an analysis of the judgment by the German Supreme Court in socalled Poem title list III (Gedichttitelliste III) together with relevant background to the case. The dispute concerned the infringement of the Sui Generis database right and the domestic supreme court decided the matter after the European Court of Justice gave its preliminary ruling on the interpretation of the re...

BACKGROUND Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medic...

Purpose Recently a controversy has arisen about so-called "ghost surgery" practices, and people have voiced their opinions for legal sanction against such practices, which clearly undermine the foundation of medical ethics. However, there has been a lack of legal basis for punishing those actions. The present study aims to examine which pre-existing legal provisions could be applied to regulate...

The landmark case of Jackson v. Indiana is well known to forensic psychiatrists, but little is known of the personal and legal background of this case. Mr. Jackson's state hospital records were reviewed, as were available transcripts and decisions of the Indiana court proceedings, before and after the U.S. Supreme Court decision, and local newspaper coverage, to understand how this case developed.

This article identifies the key issues involved in the debate about affirmative action. The June 2003 Supreme Court decisions allowing consideration of race to ensure that there is a "critical mass" of African American, Latino/Latina, and Native American applicants to higher education are addressed. Social psychologists have identified key myths and provided clarifications about the need for an...

10.1056/nejmp1100991 nejm.org 1 2019 — Medicaid will be reex­ amined this year, in all its legal complexities, by the U.S. Supreme Court, which has agreed to hear California’s appeal in the case Maxwell-Jolly v. Independent Living Center of Southern California. The Court’s ruling could fundamen­ tally alter states’ accountability to beneficiaries and providers when their official conduct allege...