Supreme Court Research Articles

Analisis Putusan Sengketa Ekonomi Syariah Pengadilan Pasaman Barat Tentang Putusan Arbitrase Bpsk Nomor 1409/ARB/BPSK-BB/IX/2016

The great interest of the public today regarding Islamic economics, in line with the increasingly massive number of people who become customers in all Islamic Banks, which is likely to have an impact on the emergence of disputes. As an example at this time is the matter of sharia economic disputes, initially a consumer protection complaint was made through BPSK Batu Bara Regency, which then the BPSK Decision was made a Legal Objection to the West Pasaman District Court with Decision Number 55/Pdt.Sus-BPSK/2016/PN.Psb by Bank Syariah Mandiri Pasaman Barat, and was appealed to the Supreme Court of the Republic of Indonesia with Decision Number 622 K/Pdt.Sus-BPSK/2017. The purpose of this study is to determine the extent to which the law enforcement of dispute resolution is in accordance with the provisions and its application seen from the contents of the decision number Case Number 622 K/Pdt.Sus-BPSK/2017; and Decision Number 55/Pdt.Sus-BPSK/2016/PN Psb. While the location of the Dispute is in West Pasaman, West Sumetara. The result of this research is that it turns out that there is still a limited understanding of the actors of Islamic banking business activities who do not fully understand the regulations.

Supreme Court Strikes Down the Chevron Doctrine: Why Health Care Providers Need to Care.

The Supreme Court's creation of the "Chevron deference" or "Chevron doctrine" (Chevron) is arguably one of the most significant in American administrative law-fundamentally changing how the federal agency apparatus operates. Like many legal doctrines, it was largely unknown to the public until the Supreme Court's recent surprise overturning of Chevron. Now, it is making national headlines, appearing on many social media platforms, and reaching non-lawyers and everyday Americans. To participate in the ongoing debate surrounding Chevron within the press, media, and possibly your own colleagues, it is essential to understand the basic facts and principles regarding this monumental Supreme Court ruling. This article will delve into Chevron's 40-year influence on federal agencies, its recent overturning, and the profound impact it will have on the health care industry.

Under the Law: Title IX and the SCOTUS power grab

New Title IX regulations issued by the Department of Education expand the types of sexual harassment schools must address and give schools greater flexibility in how they handle hearings. But the Supreme Court’s recent ruling in Loper Bright Enterprises v. Raimondo expands courts’ roles in how federal agencies interpret and enforce regulations like Title IX. Robert Kim considers how the Loper Bright ruling might affect Title IX.

Assessing risk indicators of intimate partner femicide considering victim's coping strategies to violence: A dynamic multilevel linear mixed model based on genetic algorithms

Intimate partner femicide (IPF) is a grave social and health concern affecting women worldwide, with approximately 30,000 deaths annually at the hands of their current or former intimate partners. Previous studies have focused on identifying risk factors for IPF and developing risk assessment tools to identify high-risk cases. However, an important aspect that has been overlooked in these studies is victims' coping strategies in response to intimate partner violence. Understanding victims' coping strategies can provide valuable insights into how they deal with the abuse and can inform the development of effective interventions and prevention strategies. This study aims to address this gap by developing a multilevel linear mixed model (LMM) to analyze the impact of engagement and disengagement coping on the likelihood of IPF and identify common and specific IPF risk indicators for these coping strategies. A total of 491 Spanish cases of violence against women by current or former intimate partners were analyzed from penal sentences issued by Spanish provincial and supreme courts from 2019 to 2022. The LMM model obtained from the study has competitive performance in identifying IPF and non-IPF cases, including risk indicators of prior history of injuries, history of sexual aggression, frequency and escalation of violence, physical violence, place of crime, lonely place of crime, and community presence. Victims with engagement coping and disengagement coping share some risk indicators, while others belong to just one category. Overall, the results suggest that victims with disengagement coping are more predisposed to suffer IPF than victims with engagement coping. This evidenced-based knowledge emphasizes the significance of considering coping strategies in predicting and preventing IPF, with further implications discussed at the end of this paper.

Inheritance Law as interpreted by the Supreme Court in Albania

Abstract In Albanian civil law, inheritance is established as a cornerstone institution within the legal framework. It arises upon the death of an individual and is categorized in two forms: legal inheritance and testamentary inheritance. This legal concept encompasses all state-issued norms that regulate property relations arising from an individual’s death and governs the transfer of assets from the de-cuius (the testator) to their heirs. This process confers civil rights and obligations upon the inheritors. Within civil law, inheritance pertains to property relations that commence posthumously, defined as “the lawful or testamentary transfer of the deceased’s property to one or more individuals in accordance with the provisions of the legal code.” The legal relationship of inheritance in Albania is contingent upon the death of the testator, marking a pivotal legal fact. This relationship is characterized by its dual nature: it encompasses both property and familial dimensions. The property aspect becomes manifest at the moment of the testator’s death, as their rights and real property are transferred to their heirs. Meanwhile, the familial dimension pertains to specific qualities required of heirs, such as blood relations, adoption, or marital status. A will has legal effect only at the moment of the testator’s death, when the inherited property automatically transfers to the heirs by operation of law. The death of the specified individual is essential for initiating these legal effects.

On the Origins of Invalidation of British Colonial Legislation by Colonial Courts – the Van Diemen’s Land Dog Act Controversy of the 1840s – Part Two

ABSTRACT The first part of this paper examined the background to and conduct of a case called Symons v Morgan before the Supreme Court of Van Diemen’s Land. Symons appears to be the first case in which a colonial court asserted jurisdiction to invalidate a colonial ‘statute’ on the basis that the legislation concerned contravened the colony’s constitution. The Supreme Court claimed the jurisdiction as a matter of inference. There was no imperial or colonial legislation expressly granting such a power, nor any judicial authority – whether colonial or imperial in origin – supporting the Supreme Court’s conclusion. The second part of this paper analyses the responses of the colonial government to the Symons judgment, and consequently the responses of the imperial government and Parliament to those colonial initiatives. The actions of the imperial government and Parliament show acceptance of the principle that colonial courts could review the validity of colonial legislation.

Faith in school: balancing no establishment and free exercise of religion guarantees in American education

AbstractAmerican schools are governed by a complex lattice work of federal, state, and local laws and regulations, many of them tailored specifically to primary, secondary, or higher education. But all schools are subject to the same First Amendment guarantee that ‘Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof’. This constitutional guarantee of religious freedom has produced a substantial body of case law. Nearly one-third of the United States Supreme Court's cases on religious freedom – 74 out of its 247 cases reported from 1815 to 20231 – have addressed issues of religion and education. All but six of these cases were decided after 1940, the year the Court first began to apply these guarantees to state and local governments alongside ‘Congress’;2 and for each Supreme Court case, there are scores of lower federal court and sometimes state court cases that add further nuance and amplification. This article summarises, and critically analyses, this ever-evolving jurisprudence.

Abortion Education for Medical Students in an Era of Increased Abortion Restrictions.

Following the Supreme Court's decision in Dobbs v Jackson Women's Health in June 2022, many states restricted or banned abortion. Medical educators have focused on how this change impacts abortion training for residents, but schools must also adapt undergraduate medical education. Medical schools provide the foundation for future physicians' knowledge and attitudes on abortion. Comprehensive, high-quality abortion education for all medical students is essential for the future of abortion care. Here, we present how education champions can lead curricular improvements in abortion education in the preclinical, clerkship, and postclerkship phases of undergraduate medical education.

Legal Reconstruction of Empirical Juridical Analysis of Unilated Determination of Defense (Study of Pontianak District Court Decision Number 51/Pdt.G/2021/PN Ptk)

Decision case number 51/Pdt.G/2021/Pn Ptk contains a legal problem, namely the unilateral determination of default and the legal consequences (the application for the sale of collateral was also carried out unilaterally). This research basically aims to find out the legality of unilateral determination of default in positive law in Indonesia and the legal construction of Pontianak State Decision No. 51/Pdt.G/2021/Pn Ptk in terms of the theory of legal certainty. This research has a normative juridical character, with a statutory approach and a case approach. Legal materials were obtained from primary legal sources (legislation and decisions) as well as secondary legal materials, namely library sources such as books and journals. The results of this research: The legality of unilateral determination of default in positive law in Indonesia refers to the Supreme Court (MA) Jurisprudence No. 186 K/Sip/1959 and based on the jurisprudence of the Republic of Indonesia Supreme Court Decision No. 852 /K/Sip/1972, in Indonesian law, it is not legal/legitimate/legitimate to carry out unilateral acts of default without a prior summons. The legal construction of the Pontianak District Decision No. 51/pdt.g/2021/pn PTK is viewed from the theory of legal certainty, namely that the judge must grant petitum number 3 "stating that the Defendant's decision stating that the Plaintiff is a bad debt debtor is an unlawful act and cancels the entire series of consequences of the decision. Unilateral default, namely making a Sales Request unilaterally. Because in the theory of legal certainty, compliance or implementation of legal sources (jurisprudence) is a concrete form of legal certainty.

Is a Passenger’s Death Onboard the Aircraft an ‘Accident’ Within the Meaning of Article 17 of the Montreal Convention 1999?: An Analysis of the Chinese Case Qatar Airways Group Q.C.S.C. v. Zhao et al.

The meaning of the undefined term ‘accident’ in Article 17(1) of the Montreal Convention 1999 (MC99) has been unclear in Chinese cases for several years. In 2020, for the first time, the appellate court in Qatar Airways Group Q.C.S.C. v. Zhao et al. (‘Zhao’) defined ‘accident’ with the meaning almost the same as the one defined by the US Supreme Court in Air France v. Saks, yet concluded that the passenger’s death onboard the aircraft which was not timely detected by the carrier constituted an Article 17 ‘accident’, and held the carrier liable, even if the death caused by the passenger’s acute heart and respiratory failure was due to natural causes. The Zhao ruling also contains unsatisfactory rationales as reflected in the court’s inconsistent and controversial approaches in identifying the ‘accident’. After explaining the representative practice in other MC99 jurisdictions regarding the meaning of ‘accident’, this article introduces the Zhao case and discusses three unresolved issues pertaining to the Zhao ruling, namely the misidentification of death per se as an ‘accident’, the tendency and ambiguity of identifying the carrier’s omissions as de facto ‘accidents’ and, the flawed application of the Saks test in identifying some usual and expected conditions in normal flight activities as de facto ‘accidents’. It concludes that though the Zhao ruling can serve as an example to show the trend of acknowledging the Saks definition in Chinese practice, the meaning of ‘accident’ in a case regarding passenger death onboard the aircraft remains unsettled.

ADAPTATION OF THE WORLD EXPERIENCE OF CONSTITUTIONAL JUSTICE IN THE REPUBLIC OF KAZAKHSTAN

The study contains an analysis of theoretical and practical issues of adapting the world experience of constitutional justice to the national legal system of the Republic of Kazakhstan. Based on general scientific and special scientific methods (historical and legal analysis, structural and functional, comparative legal, regulatory and others) the article discusses the experience of the best world practices, different jurisdictions, an attempt was made to create a model of constitutional justice that meets modern requirements in the Republic of Kazakhstan, aimed at the effective protection of human rights.The institution of constitutional control, which is constantly in different phases of transformation, is adapting in the legal systems of the states of the young democracy. The article presents a study of the adaptationof world experience in the development of the institution of constitutional control into the national legal system of the Republic of Kazakhstan. Issues of imperfection of the current legislation of the Republic of Kazakhstan regulating public relations related to the organization of constitutional proceedings, as well as ensuring effective practice of its application, have been identified.The study contains a number of practical proposals for improving the status and competence of the Constitutional Court of the Republic of Kazakhstan. In the orbit of the results -recommendations on expanding the powers of the constitutional control body to check for compliance with the Constitution of the newly adopted constitutional laws, as well as laws introducing amendments and additions (according to the mandatory procedure); to limit the powers of the President to challenge any existing legal acts in the Constitutional Court, to give the Constitutional Court the right to check for compliance with the Constitution of the existing international treaties of the Republic of Kazakhstan, as well as the official interpretation of the norms of constitutional laws on its own initiative, or at the request of the Supreme Court of the republic.

Opinions on the Medical and Recreational Use and Legalization of Marijuana in Mexico: Results of a National Survey

Introduction. The use of medical marijuana was legalized in Mexico in 2017. In June 2021, the Supreme Court authorized personal marijuana use, as well as its planting, cultivation, harvest, preparation, possession, and transportation for recreational purposes by persons aged 18 and over, decriminalizing its use. Objectives. 1) To determine which variables are associated with favorable opinions regarding medical use, recreational use, and the legalization of marijuana use; and 2) to determine whether there are differences in the variables that best predict support for medicinal and recreational use and legalization of marijuana among marijuana users and non-users. Method. Data are drawn from the 2016 National Survey on Drug, Alcohol, and Tobacco Use, administered to a nationally representative sample of Mexican households. A validated questionnaire was used with questions on demographic characteristics, marijuana use (including the number of times it has been used), respondents’ opinions regarding the legalization of marijuana and recreational use, whether they have been offered marijuana without having to pay for it, perception of risk associated with marijuana use, and excessive alcohol consumption. Results. Being male and having a low perception of the risks of marijuana use are the variables mostly strongly associated with approving medical and recreational use and its legalization, irrespective of whether respondents used it. Other variables associated with approval are age, educational attainment, and income level. Discussion and Conclusion. Legislators and policy makers should consider the full range of public opinion concerning the use and legalization of marijuana and incorporate it into their proposals.

A Review on Grand Chamber’s Ruling No. 5217 of 2021 of Taiwan’s Supreme Court Social, Cultural, and Legal Causes and Improvement of Sentencing Bias

A Review on Grand Chamber’s Ruling No. 5217 of 2021 of Taiwan’s Supreme Court Social, Cultural, and Legal Causes and Improvement of Sentencing Bias

Case Study of Supreme Court Decision Number 418 K / Pid / 2016 Against Criminal Perpetrators Participating in Making Fake Letters

The problem that arises with medepleger in the crime of document forgery is that its application is not explicitly regulated in the Criminal Code regarding its punishment. Then a gap emerged between das sollen (the Criminal Code does not explicitly regulate the criminal offense of participating in making fake letters) and das sein (many people who commit crimes taking part in making fake letters), as in Supreme Court Decision Number 418 K/Pid /2016. This research aims to determine the regulation of the criminal act of forgery of letters in the Criminal Code and to determine the imposition of criminal sanctions against perpetrators of criminal acts who participate in the continuous production of fake letters. This research is a type of normative juridical research, with a statutory approach and a case approach. Research data relies on primary data in the form of statutory regulations and binding decisions and secondary data, namely library sources. As for the research results: the legal arrangements for inclusion in the Criminal Code are regulated in 55 paragraph 1 of the Criminal Code. Regulations for the act of falsifying letters are regulated in Chapter Overall, what is at the core of all forms of criminal acts of letter forgery are making fake letters, falsifying letters and using fake letters or forged letters. what is formulated in the Articles on falsification of letters is the action on the object or form of the letter. The imposition of criminal sanctions against perpetrators of criminal acts who participated in making fake letters which is carried out continuously in the Supreme Court Decision Number 418K / PID / 2016 is based on legal facts, whether through witness statements, defendant statements, or evidence, mitigating and aggravating matters. the defendant and based on juridical considerations. In this case the defendant committed the act by means of participation. With the fulfillment of the elements in article 263 paragraph 2 of the Criminal Code jo. Article 55 paragraph 1 of the Criminal Code means that the criminal act charged is legally and convincingly proven according to the law.

Some features of performing executive proceedings during the period of the legal regime of martial state

The full-scale war in Ukraine was the cause of many social and political changes. As the research showed, the system of executive proceedings was not an exception. Since appropriate reactions to the realities of war were necessary, with the beginning of the war, the work of the state executive service (hereinafter referred to as the State Executive Service) and private contractors was effectively blocked. The reason for this was the stoppage of the automated system of executive proceedings, which made it impossible to actually carry out executive actions. Thus, it was established that changes in the mechanisms of enforcement of executive documents occurred even earlier, since the Russian Federation began to occupy our lands back in 2014, but with the beginning of a full-scale invasion, the legislation began to change and improve. Such changes also affected the ban on opening enforcement proceedings in potentially dangerous and occupied territories, which obviously violated the rights of debt collectors, and as it was established during the research, in some places such legal prohibitions became a reason for public or private enforcement officers to abuse their powers, refusing to open enforcement proceedings and returning the executive document to the debt collector without execution. In this context, the practice of the Supreme Court has become useful, which in its conclusions confirmed that regardless of the registration of the location of the debtor, the body of the state executive service must open proceedings and take measures to search for the debtor’s property throughout the territory of Ukraine, or apply restrictive measures that will force the debtor to fulfill his obligations, provided that such a debtor has entered the legal field of Ukraine. Also, from the conducted research, it can be seen that the legislative changes affected certain procedural issues and the work of private executors, however, the issue of alimony collection remained a priority and was not actually affected by the legislative changes. Even for military personnel, the duty to support their children remains a priority.

Освобождение от взыскания исполнительского сбора: особенности процессуальной формы

The article is devoted to the judicial review procedural features of applications for performance fee relief. Attention is drawn to the lack of unified requirements for the procedural form, legal proceeding types, remedies, statutes of limitation and the specifics of consideration of such applications. In addition, courts and scientific community present different variants of the rules application for performance fee relief. The author makes a conclusion about varying degrees of debtor`s rights protection, that unreasonably depends on the chosen type of legal proceedings. Meanwhile, the article proposes to create a unified, clear legal framework that excludes the usage of the law analogy, and it emphasises the need for clarification of procedural features at the level of the Supreme Court of Russia. Finally, the author gradually structures the procedural model for considering an application for performance fee relief, containing recommendations on the time limits for applying to the court, an appropriate remedy and other specifics of considering such disputes.

The First Interpreters: How Early Supreme Court Justices Defined the Court's Role Under the Constitution

The First Interpreters: How Early Supreme Court Justices Defined the Court's Role Under the Constitution

Поняття юридичної особи в праві України: ознаки, теорії, доктрини, правосуб’єктність

The article provides an overview of the formation of the concept of a legal entity, its features in the historical aspect and under Ukrainian law, theories of legal entities and their importance in the modern legal environment. The author analyzes the concepts of legal personality, legal capacity and legal capacity of a legal entity through the prism of its characteristics. The author identifies the principles of property separation of a legal entity and the importance of the ultimate beneficiary in the ownership structure and in the context of independence of property liability of a legal entity. The author reveals the feature of organizational unity of a legal entity through the procedure of its creation, indicating the presence of features inherent in a legal entity even before its state registration (pro-legal entity), as well as through the formation and operation of legal entity bodies. The author identifies controversial approaches to a legal entity’s acting in civil turnover on its own behalf and related issues of whether the actions of persons acting on behalf of a legal entity have features similar to the institution of representation. The author analyzes the consequences of a person acting on behalf of a legal entity going beyond his/her powers. The author emphasizes the problematic nature of understanding the representative of a legal entity in the practice of the Supreme Court.

Standard of proof ‘beyond reasonable doubt’ in criminal proceedings: analysis of national and international experience

It is stated that, according to the standard of proof beyond a reasonable doubt, if there is proof beyond a reasonable doubt of the defendant’s guilt, it is sufficient for a conviction, and it is also undisputed that such a reasonable doubt must be evaluated according to the evidentiary difficulties of the particular case, as well as according to the crime committed. . The standard of proof beyond a reasonable doubt is the most acceptable standard in criminal proceedings for a fair trial. At the same time, indicating the need for courts to use this standard of proof, the legislator does not define its concept and does not reveal its meaning. Reasonable doubt is a frequently used term that is probably well understood but difficult to define. It is not merely a possible doubt, as everything related to human activity that depends on evidence that gives rise to moral certainty is subject to some possible or imaginary doubt. Reasonable doubt, then, deals with a state of affairs that leaves the judge’s mind in such a state that he cannot say that he feels a firm conviction that gives rise to moral certainty about the truth sought. If there is a reasonable doubt as to the proof of guilt, the accused is entitled to the benefit of the presumption of innocence and to be acquitted. Thus, evidence must establish the truth of the facts in a way that produces reasonable or moral certainty, that is, a certainty that convinces, guides understanding and satisfies the minds and judgements of judges. This, he concludes, is what counts as proof beyond a reasonable doubt. The adoption of the standard of proof beyond a reasonable doubt reflects the high degree of probability required to develop the personal certainty (conviction) necessary for the purposes of conviction in criminal proceedings (guilt beyond a reasonable doubt), ultimately if there is sufficient evidence of a criminal act, and not, it should be emphasised, complete, total or absolute proof. The article examines the legal positions of the Criminal Court of Cassation as part of the Supreme Court and the European Court of Human Rights with regard to determining the content of the standard of proof ‘beyond reasonable doubt’ in criminal proceedings. In the doctrine of criminal procedure, the concept and content of the standard of proof ‘beyond reasonable doubt’ is the subject of considerable attention of procedural scholars.

Supreme Court Upholds Right to Take Guns From People at Risk of Committing Violence

Supreme Court Upholds Right to Take Guns From People at Risk of Committing Violence