Supreme Court Rulings Research Articles

Reflections on the implications of proposed legal reform in Israel on ethical dilemmas in social work

Social work ethics are outlined in the Union of Social Workers in Israel Code of Ethics. Israel's current Justice Minister has submitted a bill as part of legal reform, which states that even if the Supreme Court rules that a law enacted by the Knesset violates human dignity and liberty, a Knesset majority can still overturn the Supreme Court ruling. Should this legal reform endeavor succeed, social workers may be faced with complex ethical and legal dilemmas. This article provides a number of recommendations that will assist social workers to better prepare themselves to deal with situations in which they are required to act contrary to both applicable legislation and professional ethics.

Interpretation of the Provision on Profit Transfer Due to Increased Asset Value After Acquisition - (Article 42-3 of the Inheritance and Gift Tax Act)- Based on the Supreme Court Rulings of June 1, 2023, Case No. 2019Du31921 and June 29, 2023, Case No. 2018Du41327

Interpretation of the Provision on Profit Transfer Due to Increased Asset Value After Acquisition - (Article 42-3 of the Inheritance and Gift Tax Act)- Based on the Supreme Court Rulings of June 1, 2023, Case No. 2019Du31921 and June 29, 2023, Case No. 2018Du41327

Judicial self fashioning: Rhetorical performance in Supreme Court opinions

Justices on the United States Supreme Court use rhetorical strategies to maintain institutional legitimacy. In the court opinion, a strategy called the monologic voice presents a flattering depiction of the Court. The monologic voice occurs through two tones, the individualistic and collective, which respectively maintain the Justices’ legitimacy through critique and the Court’s legitimacy through unification. We train large language models to identify these rhetorical features in 15,291 modern Supreme Court opinions, issued between 1946 and 2022. While the fraction of collective and individualistic tones has been relatively consistent between 1946 and 2022, the Rehnquist Court used the collective tone at a higher rate than any other Court. In recent terms, 2021 and 2022, we find suggestions of another rhetorical shift, as all Associate Justices of the Roberts Court, excluding Chief Justice Roberts, used the individualistic tone at a historically high rate.

Contentious press freedom: Media law and the Supreme Court in the Philippines

The legal environment particularly the body of laws that regulate media operations are telling, yet underexplored, indicators of press freedom. Using the analytical concept of episodes of contention based on a reading of contentious politics, the article examines the ambivalent state of press freedom in the Philippines. The argument is that the protracted issues of media access and libel serve as two episodes of contention that identify extant and emerging sets of actors, mechanisms, and claims that collectively characterize the role of media law in the body politic. Drawing from interviews with journalists and review of the Supreme Court rulings about media access and libel, the hope is to underscore the potential and limits of the Court as an ally of the media in advancing press freedom. The decision of the Court does not at all times favor a liberal interpretation of press freedom but it deploys ways including dissenting opinions that can balance, if not outrightly oppose, the occasional negative view of the Court toward media-related cases.

The legal status of a managing body of a condominium building in a lawsuit - A Review of Supreme Court Ruling 2021da239301 Issued on June 30, 2022

The legal status of a managing body of a condominium building in a lawsuit - A Review of Supreme Court Ruling 2021da239301 Issued on June 30, 2022

The Empty Chair. The Loss of Congressional Seats in Colombia Due to Corruption and Criminal Ties

Objective/context: This article has three objectives: to differentiate the theoretical arguments on the empty chair policy in Latin America, to analyze the process of institutional change that culminated with its implementation in Colombia, and to describe how it has been carried out between 2010 and 2024. Methodology: The methodological approach has three components: a theoretical part, a documentary component, and an empirically based analysis. The first describes the contrast between two approaches to the autonomy, control, and accountability of political parties and parliamentarians. The second reviews how these approaches are reflected in the rules on seat ownership (of parties or congresspersons/deputies), accountability, and sanctions for parties and congresspersons when they violate the law. The third consists of identifying cases of loss of seats, their analysis, and the determination of their effects. The principal sources of the study are constitutional reforms, Supreme Court rulings, and decisions of the Attorney General’s Office on convictions of congressmen. The information is complemented with journalistic reports and electoral data. Conclusions: The empty chair policy is established in two Latin American countries (Colombia and Peru). It is an effective legal norm to sanction political parties and legislators convicted for their links with criminal groups, corruption, electoral fraud, and other crimes. It has been applied in eighteen cases due to links to paramilitarism, drug trafficking, and corruption. The affected parties have decreased their electoral performance and their seats in Congress. Originality: This is the first empirical study on the subject in Colombia.

Supreme Court Ruling No. 897 of 108 Taiwan Resistance (II): The Termination of the Insurance Policy Protected by the Subrogation of the Creditor's and debtor's Rights

Supreme Court Ruling No. 897 of 108 Taiwan Resistance (II): The Termination of the Insurance Policy Protected by the Subrogation of the Creditor's and debtor's Rights

Online Platforms and Legal Responsibility: A Contemporary Perspective in View of the Recent U.S. Developments

This paper critically examines the relevance of Section 230 of the Communications Decency Act in the context of recent United States Supreme Court rulings, specifically Twitter v. Taamneh and Gonzalez v. Google. The Supreme Court ruled in 2023 that determining the extent of CDA230’s immunity lies with legislators, not the judiciary. This study explores the potential liability of algorithms in supporting terrorism and the implications for European regulations under the Digital Services Act. Findings indicate that while CDA230 has fostered internet growth, it also challenges content regulation. The United States approach contrasts with the European Union’s more explicit service provider responsibilities, suggesting a need for legislative updates to balance free expression with the control of harmful content.

THE ROLE OF THE SUPREME COURT IN ENSURING THE OBSERVANCE AND RESPECT FOR THE RULE OF LAW

The rule of law is the cornerstone of modern democratic legal systems and an important condition for their continued existence. At the legislative level, it has been recognised in Ukraine since the adoption of the Constitution of Ukraine in 1996, and the establishment of democratic values continues to this day. This scientific paper investigates the development and establishment of the rule of law through judicial proceedings to attain its purpose of delivering justice. In most developed European countries, there is a well-accepted legal tradition whereby constitutional jurisdiction takes precedence over general jurisdiction, thus making the Constitutional Court superior to the Supreme Court. However, the legal reality in Ukraine demonstrates a contrary scenario. As shown by the author, the Ukrainian approach, while highly distinctive, does not contradict international principles about the formation of the rule of law through the courts. Furthermore, the principal legislative provisions completely match the criteria of international and European law. Nevertheless, the study concludes that the excessive activity of the Supreme Court appears to be a significant drawback due to its overly extensive case law. For instance, during the first half of 2023, the Supreme Court heard a total of 63 406 procedural appeals and cases, including 5 433 in the sphere of criminal justice and 7 174 taking into account cases and materials not heard the previous year (Верховний Суд, Аналіз здійснення правосуддя). That is the reason why the Ukrainian legal system is confronted with the issue of defining legal certainty, which is one of the key characteristics of sustainable and democratic justice (Consultative Council of European Judges, 2017). The article identifies that not only is this problem currently unresolved by the Ukrainian legislature, but it also emphasises the importance and necessity of defining the status of case law in the country, as well as the influence of the Supreme Court on ensuring the rule of law. According to the author, there are several options available to overcome these challenges which must be handled expeditiously in light of the ongoing war and Ukraine's eventual membership in the European Union. Based on the results of this article, it is proposed to adopt two legislative proposals. First, case law should be recognised as a source of law, namely the legal conclusions established in Supreme Court rulings. Second, these judgments must be published in the determined form to be regarded as a source of law. To clearly identify the Supreme Court decisions containing legal conclusions and serving as a source of law, the study proposes a separate publication of these judgements from others that do not hold such status. For example, they could be published in dedicated documents/collections, etc. specifically designed for this purpose. Moreover, the author concludes that such an instrument already exists, despite the fact that it is not officially recognised as such. According to the results of this research, the Supreme Court's reviews and digests of case law are an illustration of this particular tool.

Irish Supreme Court rules pizza delivery drivers are employees for tax purposes: What's the takeaway for the gig economy in Europe?

In October 2023, Ireland's Supreme Court handed down its judgment in the case of The Revenue Commissioners v Karshan Midlands t/a Domino's Pizza. Following the CJEU ruling in Yodel, and that of the UK Supreme Court in Uber v Aslam, this decision is yet another addition to the debate around the employment status of gig workers that European courts have been grappling with, in common and civil law jurisdictions alike. In Karshan, the Irish Supreme Court ruled that Domino's pizza delivery drivers should indeed be treated as employees for the purposes of taxation. Importantly, however, the ruling was delivered based on a different set of facts than some of the other gig economy cases heard in Europe – notably, in Karshan there was no digital platform and, therefore, the link between the delivery drivers and Domino's was more pronounced than in cases involving a platform. The scope of comparison to Yodel is, thus, limited. Furthermore, the judgment is narrow in its scope and, disappointingly, appears to deliberately leave many questions unanswered, failing to seize the opportunity to provide more clarity for gig workers and employers alike. This is typical of the current state of affairs in employment law, which, while aware that traditional approaches are inadequate to the evolving world of work, has not yet come up with a comprehensive way of addressing these challenges. Despite these shortcomings, Karhsan offers some valuable insights into the discussion on the gig economy as the EU institutions are working to adopt the much-anticipated Platform Workers Directive.

Comparative Analysis of SVM and NB Algorithms in Evaluating Public Sentiment on Supreme Court Rulings

The legal events that happened to Ferdy Sambo and the Supreme Court’s decision in the cassation triggered emotional reactions and various opinions among the public, especially on social media sites such as Xapps. Some comments reflect people’s concerns about fairness in the legal system. They doubted the integrity of legal institutions or believed that decisions were unfair or in line with vested interests. This research aims to analyze public perceptions of Supreme Court decisions. The research process includes data collection, preprocessing, labeling, weighting, classification using Support Vector Machine and Naïve Bayes, and performance evaluation using a confusion matrix. A dataset of 624 was taken from X apps using the Twitter scraping technique. The lexicon method is used for data labeling, dividing the data into positive, negative, and neutral classes. The analysis results show 46 tweets categorized as positive sentiment, 133 tweets categorized as negative sentiment, and 422 tweets categorized as neutral sentiment. Based on testing with a data ratio of 80:20, both SVM and NB methods show good performance. The SVM criteria showed an accuracy of 0.84, precision of 0.61, recall of 0.78, and f1-score of 0.66, while the NB criteria showed an accuracy of 0.73, precision of 0.37, recall of 0.57, and f1-score of 0.35.

The Impact of the Recent Supreme Court Ruling on the Dermatology Recruitment Pipeline.

The 2023 ruling by the Supreme Court of the United States (SCOTUS) on the use of race-based criteria in college admissions may have implications for the selection of individuals into the dermatology workforce. This article highlights the impact of these decisions at the undergraduate, medical school, and graduate medical education levels, as well as within the field of dermatology.

준강간에서 피해자가 음주 후 수면 중 심신상실 또는 항거불능의 탐색

This study explores the criteria for determining whether a victim of a sexual crime was in a state of mental loss or unable to resist due to intoxication and sleep at the time of the alleged rape by the defendant. To this end, this paper reviewed literature and court cases regarding Quasi-Rape. Academically, blackout and passing out are significantly mentioned in relation to alcohol consumption, whereas in court cases, the focus is often on whether the victim's mental state during sleep after drinking, which is not unconsciousness but a weakened or incomplete state of consciousness, constitutes an inability to resist. However, recent Supreme Court rulings highlight that in cases where time has passed and the victim later claims to have been in a state of inability to resist, the judge must make a highly logical judgment based on a comprehensive review of various evidences, including not only the victim's statement but also the defendant's. In conclusion, first, there exists a factual difference in perspective on attempted rape cases depending on the judge's gender, and even though the judge's decision is logical, it can still be subjective, indicating a need for the development of objective measures for mental loss or inability to resist. Second, it is appropriate for the prosecution or court to request expert analysis of statements, considering both the victim's and the defendant's statements. Third, more specific legal standards are needed for the ‘significantly difficult situation’ in the case of inability to resist. Fourth, since most attempted rape cases involve the victim alleging rape and the defendant alleging consensual sex, it appears necessary to typify the patterns of rape and consensual sex from a gender-equality perspective and provide judges with additional criteria for judgment.

Courts, the state, and democratization in the United States

AbstractThe United States is facing an era of acute democratic fragility. The Supreme Court is often understood as a key countermajoritarian institution that often impedes democratization. But adopting an interbranch perspective, we show that the court has been a stronger champion of democratization in the United States than is typically recognized. National power has generally been necessary to overcome antidemocratic subnational policy, and national state power requires both standard setting and coercion. Using an original dataset of Supreme Court rulings on civil rights and racial equality, we show that the court was an earlier and more consistent champion of racial democratization than is generally understood but that in the absence of cooperation from the rest of the federal government's coercive apparatus, the court's standard‐setting rulings had little impact. These findings suggest the conditions under which the protection of democratic gains might be possible.

Finnish district judges' assessments of live versus video-mediated party statements in court.

The increase in remote hearings after the COVID-19 pandemic presents an urgent need to examine how judges assess video-mediated witness and party statements compared with live statements. There is currently a limited body of research on this subject. As for the assessment itself, professionals within the judicial system sometimes believe they can detect deception based on visible cues such as body language and emotional expression. Research has, however, shown that lies cannot be detected based on such cues. The Finnish Supreme Court has also given rulings in accordance with the scientific literature. In this study, we used a survey to investigate how much importance a Finnish sample of district judges (N = 47) gave to several variables pertaining to the statement or the statement giver, such as body language and emotional expression. We also investigated the association between the judges' beliefs about the relevance of body language and emotional expression and their preference for live statements or statements via videoconference. The judges reported giving more importance to body language and emotional expression than legal psychology research and Finnish Supreme Court rulings would call for. Our results also indicated that there was a slight bias to assess live statements more favorably than statements given via videoconference, as well as a slight bias in favor of the injured party. More effort must be put into making judges and Supreme Courts aware of findings in legal psychology to avoid biases based on intuitive reasoning where it is contrary to scientific evidence.

303 What’s next for animal welfare from a legal perspective?

Abstract California’s “Prop 12” indicated a significant change for animal agriculture generally, but for legally mandated animal welfare standards more specifically. This presentation will outline the general requirements of the law and aspects of the United States Supreme Court opinion finding it to be constitutional. It will also discuss the longer term and more widespread effects of the Supreme Court opinion on potential legislation in the United States. Finally, it will preview another Supreme Court case, heard this year and not yet decided, that may have an impact on the regulation of animal welfare.

Government Documents for All: U.S. Supreme Court Opinions

Government Documents for All: U.S. Supreme Court Opinions

Analysis of 2023 Supreme Court Rulings on Tax Procedures and Income Taxation

Analysis of 2023 Supreme Court Rulings on Tax Procedures and Income Taxation

The Influence of Basic Laws on Criminal Law and the Right to Remain Silent According to Israeli Supreme Court Rulings – A Brief Overview

The practice of “Privilege Against Self Incrimination” of secrecy against self-incrimination in all Western legal methods, including Israeli law, is seen as one of the human rights in general and part of the right to due process in particular. The constitutional revolution took place and with the enactment of the basic laws of human dignity and freedom, which established several human rights, among them is the right to remain silent, which is considered a right derived from the Basic Law of Human Dignity and Freedom.

‘행정소송규칙’에 관한 현황 및 법적 과제

The Administrative Litigation Rules were established based on the rule-making power of the Supreme Court. Originating from England and America, the rule-making authority of the Supreme Court aims to ensure the independence and expertise of the judiciary branch. In Korea, the Supreme Court is granted broad discretion to establish rules regarding litigation procedures, internal regulations, and administrative procedures under the Constitution, even without the basis of law. However, Article 108 of the Constitution contrasts with Anglo-American systems in that the Article recognizes the supremacy of law over conflicting statutory and Supreme Court Rules, thereby affirming the principle of legal superiority. The Administrative Litigation Act has prompted demands for reform from academia, as it has long been left as is since its comprehensive revision in 1984. Now that the Administrative Litigation Rules have been established, such demands are expected to be met to a significant extent. It is noteworthy that the rules reflect significant aspects of past judicial precedents and legal principles adopted by the Supreme Court with regard to interpreting provisions of the Administrative Litigation Act, or common practices implemented without legal basis. However, uniformly regulating substantive legal interpretations based on Supreme Court Rules may contradict the purpose of Article 108 of the Constitution. Moreover, even for matters concerning litigation procedures, it is more preferable to regulate essential issues on realizing citizens' fundamental rights directly by law. In Korea, the process of establishing Supreme Court Rules is devoid of involvement from the National Assembly, and the sole procedural controls are inquiries of opinions from relevant agencies and prior announcements of legislation. Relying solely on such procedures, however, is limited in securing democratic legitimacy. Because judicial reviews for unlawful Supreme Court Rules are carried out by the same body responsible for the establishment, concerns arise over the effectiveness of judiciary controls. Therefore, supplementary legal measures thereof are called for, as well as proactive efforts for the revision of the Administrative Litigation Act.