in modern legal systems there are a variety of sources of law. judicial precedent is one of the legal sources; thus, precedents of supreme court, like enactments of parliament, are enforceable in courts. this similarity between precedents and acts impose many problems as role of supreme court in interpretation of   laws. but the most important problem is the possibility of changing previous pre...

Such friction also arose in the US Highest Courts' SPL precedents. This Advanced IT paper [2-5,63] tries to help overcoming it by showing the pros and alleged cons of the Supreme Court's higher level of development of US SPL precedents – legally/scientifically groundbreaking and decisive for the sustainable innovativity of the US society and its economy – by analyzing SPL's definiteness problem...

if several factors are causing the damage, discussion about the damage distribution and the share of each parts is one of the important issue in the law of civil liability. law in the few cases has adopted different approaches, legal doctrine provides different views and the difference is evident in the precedent. this is a controversial issue in the jurisprudence and should be review since the...

The use of a simple 50%-50% box score of decisions for parents and districts, respectively, is a false measure of the impartiality of hearing officers under the Individuals with Disabilities Education Act (IDEA). This analysis canvasses relevant structural factors that the stakeholders, the mass media, and the professional literature have failed to recognize both generally and systematically. T...

The development of critical race theory points to a new direction taken by civil rights activists in the wake of civil rights setbacks in the 1970s and 1980s when ofacial government policy no longer supported an expansive civil rights agenda. The United States Supreme Court began limiting and eviscerating precedents that once promised full equality for African Americans under the law. Critical ...

The right to represent oneself at trial is well-established, but not absolute. Recently, in Indiana v. Edwards, the United States Supreme Court considered whether states may demand a higher standard of competence for criminal defendants seeking to represent themselves at trial than that necessary for standing trial with attorney representation. Ultimately, the Court ruled that the Constitution ...

This article focuses on the Petition Clause of First Amendment to U.S. Constitution and addresses a confounding situation caused by Supreme Court precedents that give greater protection persons who engage in illegal business practices than citizens petition their governments. dichotomy is especially detrimental environmental protection.

Critics of Virginia's challenge to the constitutionality of the Patient Protection and Affordable Care Act have asserted that Virginia lacked standing to even raise the issue. Such criticism is inconsistent with foundational understandings of the role of states in providing a check on federal power and with the modern standing jurisprudence of the Supreme Court, especially as reflected in the C...

Abstract Court judgments contain valuable information on how statutory laws and past court precedents are interpreted the interdependence structure among them evolves in courtroom. Data-mining evolving of such customs norms that reflect myriad social values from a large-scale judgment corpus is an essential task both academic industrial perspectives. In this paper, using data approximately 110,...

Patents provide an incentive to inventors, investors, and entrepreneurs to conduct research and development, especially in risky (i.e., unpredictable) fields of technology. This review discusses whether self-replicating technologies are patentable within the United States and the issues surrounding them. Self-replicating technologies discussed include plants, bacteria, and genetic technology an...