Supreme Court Research Articles

Title VII and Religious Accommodations in the Workplace After Groff v. Dejoy (2023)

The United States Supreme Court in Groff v. DeJoy rejected a 50-year precedent regarding the application of Title VII of the United States Civil Rights to requests by private and public employees for Title VII workplace religious accommodations. The article evaluates the impact of 73 U.S. District Court and U.S. Court of Appeals decisions decided after Groff to determine whether Groff has had an impact on how lower federal courts have evaluated requests for Title VII workplace religious accommodations. The article also evaluates the role of U.S. District Courts as gatekeepers for Title VII workplace religious accommodation lawsuits. Finally, the article discusses the impact of Groff on the most common types of workplace religious accommodation requests. The article argues that employers will have greater difficulty persuading U.S. District Court to grant motions to dismiss or motions for summary judgment to end Title religious accommodation lawsuits.

Criminal enforcement of copyright in India

AbstractThe Supreme Court of India, in the recent case of Knit Pro International v. State of NCT of Delhi, clarified that the offence under S. 63 of the Copyright Act, 1957 is cognizable and nonbailable. This decision is likely to have far‐reaching consequences in the field of copyright enforcement. This article is meant to examine the current state of criminal enforcement of Copyright in India, its interface with freedom of speech and expression and the likely impact of the said judgement on copyright enforcement in India. The article starts with an overview of criminal remedies under the Copyright Act, 1957 and the criminal procedure applicable to those remedies. It then analyses the provisions in light of five factors which are considered crucial in criminalizing an offence—seriousness, proportionality, legal soundness, enforceability and alternative remedies. The article concludes that the current regime for criminal enforcement of copyright leans heavily in favour of enforcers and requires a change to ensure a balance between copyright and the right to freedom of speech and expression.

New appeals court case finds Title II does not allow for emotional distress damages

In Cummings v. Premier Rehab Keller P.L.L.C, 142 S. Ct. 1562 (2022), the United States Supreme Court held that emotional distress damages are not available under Section 504 of the Rehabilitation Act (29 U.S.C. 794), a statute enacted pursuant to the spending clause of the United States Constitution. The Court left open the question of whether emotional distress damages are available under Title II of the Americans with Disabilities Act (42 U.S.C. 12135‐65).

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.

Civil Rights vs Creative Expression: Anti-Discrimination and Free Speech in Public Accommodation

In the case of 303 Creative LLC v. Elenis, the US Supreme Court allowed a graphic design business to refuse to create wedding websites for queer couples. The issue of marginalized groups being able to access services and public accommodations without facing discrimination has been a question within US judicial systems for decades now. This paper seeks to examine the historical context of accessible public accommodations, past verdicts relevant to this case as well as the implications of the current Supreme Court decision to analyse the future of the balance between civil rights and creative expression in the United States.

Implementation of Legal Quality Audit on Electronic Civil Trial Procedures (E-Court)

Currently, electronic court (e-court) systems are being implemented in several countries. The Supreme Court in Indonesia has also been adopted e-court for legal administration tasks, such as determining judicial panel compositions. A qualitative approach is proposed to explore the implementation itself. The concept and characteristics of the Special Legal Quality Audit System for electronic justice arrangements (E-court) encourage the realization of an effective and fair Civil Justice System. The concept in this context is a philosophical aspect that serves as the source of the Legal Quality Assurance Paradigm, including: defect-free (deficiency), customer satisfaction, and continuous improvement without end. This concept is elaborated in parameters that are measured or evaluated to determine the quality level and make improvements to increase the level of quality. The quality parameters used by the researcherinclude: product reliability, minimal cost, accessibility, security, service friendliness, systematicity, and keeping pace with global developments.

Racialized Decoupling and Race-Neutral School Integration Policies From the Implementers’ Perspective

Today’s school integration policies in the United States are often “race neutral.” Scholarship on these race-neutral school integration policies finds they do not change the racial and ethnic composition of schools or do so under very specific conditions. Yet, we know relatively little about the mechanisms explaining these outcomes. Building on 2 years of qualitative data collection in two public elementary schools in a New York City implementing a voluntary, race-neutral integration policy, I find school leaders experience a racialized decoupling of their commitment to racial equity from the policy’s race-neutral design, its choice-based design, and the implementation context. I show how school leaders navigated this decoupling and how it led to racialized outcomes. I contribute to our understanding of the mechanisms shaping the outcomes of race-neutral policies, a point of growing importance given recent Supreme Court decisions on higher education.

Syariah Sebagai Hasil Pemikiran: Produk Ijtihad Konvensional dan Ijtihad Kontemporer

It cannot be denied that the contribution of Islam (Syariah) and Muslim thought is very large to the continuity and development of legal thought. The purpose of this paper is to find out how the origin of sharia exists, then what are the results of conventional ijtihad products and contemporary ijtihad and which reasons are more obligatory to obey between Fikih and Codification. The research uses a qualitative method. While the approach used in this research is a normative-historical approach. The findings produced in this study are that in Indonesia, one of the legal systems in force is Islamic law. In the Islamic legal system, there are types of Islamic legal thought products in Indonesia, which include: fiqh thought products, fatwas, tafsir, court decisions (Jurisprudence), and legal thought products (codification) and the results of the Supreme Court plenary meeting, should be enforced and enforced honestly and fairly. Then the products of Islamic legal thought that have been institutionalized and obeyed by the Indonesian people are Fiqh, Tafsir, Fatwa, Jurisprudence and Legislation. The process of the birth of these four things cannot be separated from the development of the dynamics of community life from time to time in collaboration with Indonesian conditions.

The ground for necessary defence: analysis of legal positions of the Supreme Court

The article analyzes and summarizes the positions of the Supreme Court on the ground for necessary defence. It is noted that the Supreme Court has identified two elements of the ground for necessary defence (the commission of a socially dangerous trespass and the need to immediately avert or stop it) and has repeatedly referred to the interpretation of various aspects of each of them. The article mentions various definitions of “socially dangerous trespass” provided by the Supreme Court in its rulings. It is noted that the Supreme Court has not addressed the possibility of recognizing a socially dangerous act of an insane person or a person under the age of criminal liability as a socially dangerous trespass as a ground for necessary defence, but in one of its rulings it admitted that such a trespass was committed by a mentally ill victim. The author mentions the conclusion of the Supreme Court that the right to necessary defence cannot arise against lawful acts of another person, even if such acts cause damage to legally protected interests. It is mentioned that, in general, the Supreme Court does not recognize provoked violence as a trespass within the meaning of Article 36 of the Criminal Code of Ukraine, but the exception is when the degree of provoked violence is clearly higher than what a person could have predicted. It is noted that the Supreme Court identifies the objective reality of a socially dangerous trespass as its mandatory characteristic for necessary defence. The author quotes the Supreme Court’s explanation of when it is necessary to immediately avert or stop a socially dangerous trespass. The conclusions of the Supreme Court regarding the time limits of the right to necessary defence are analyzed. In particular, the Supreme Court identifies the initial and final moments of lawful defence. The ruling is mentioned, in which the Supreme Court reminds of the legal prohibition to take into account the possibility of a person to avoid a socially dangerous trespass or to request assistance of other persons or authorities when deciding on the existence or absence of a state of necessary defence.

Legal consequences of the statement of provocation by the defense party: scientific and practical aspects

The article examines the legal consequences of the defense’s declaration of provocation of a crime. Based on the analysis of the practice of the European Court of Human Rights and the Supreme Court, the opinion was formulated that the declaration of the commission of a crime as a result of provocation by the defense gives rise to the corresponding obligations for the defense and the prosecution, as well as the court. It was analyzed that as a result of the influence of the precedent practice of the European Court of Human Rights, the practice of the Supreme Court began to form regarding the position of the defense on provocation of a crime, according to which the contradiction of the position of the defense, i.e. when the applicant denies the fact that he committed a crime and at the same time declares that he was provoked to commit it, is the basis for the court’s refusal to verify such an application, citing the relevant reasons in the decision. Based on the study of the principle of adversariality of the parties in criminal proceedings, the thesis that it is the defense party that is obliged to prove the presence of provocation, to indicate which facts and circumstances confirm this with reference to specific evidence examined at the court hearing, is substantiated. In turn, the prosecutor, supporting public accusations, except for the circumstances specified in Art. 91 of the Criminal Code of Ukraine, guided by the standard of proof «beyond a reasonable doubt», is obliged to prove the absence of provocation of the crime. Failure to prove «beyond a reasonable doubt» the absence of provocation is equivalent to proving its presence and causes legal consequences in the form of an acquittal by the court. It has been proven that when one of the arguments of the defense side was the presence of provocation of a crime, the court is obliged to properly evaluate both the arguments of the defense side and the arguments of the prosecution regarding the presence or absence of such provocation. According to the results of the analysis of the decisions of the Supreme Court in which the lower courts did not evaluate the arguments of the defense about provocation, or formally evaluated them formally, it was concluded that this is a significant violation of the requirements of the Criminal Procedure Code, which prevented or could have prevented the court from adopting a legal and justified court decision.

Exemption from serving a sentence with probation for pregnant women and women with children under the age of seven as a means of probation: specific problems of application practice

The article highlights certain problems of the judicial practice of applying the institution of exemption from serving a sentence with probation for pregnant women and women with children under the age of seven as a means of probation. It was established that, unlike the general rule on exemption from serving a sentence with probation (Article 75 of the CC of Ukraine), the provisions of Article 79 of the CC of Ukraine are mainly focused not on the possibility of correcting a person without isolating him from society, but first, on ensuring the interests of the child. Courts adhere to the same position when, releasing those specified in part 1 of Article 79 of the CC of Ukraine, persons from serving a sentence with probation, do not motivate the possibility of correction of the specified category without isolation from society. It was found that in many cases the courts also do not consider the interests of the child when deciding provided for in Article 79 of the CC of Ukraine. Based on the analysis of law enforcement practice, the author concluded that courts follow the trend of “automatic” appointment of the institute under investigation, given the fact that the guilty party is pregnant or has a dependent child under the age of seven. The correctness of the legal position of the Supreme Court is emphasized, according to which the “automatic” application by the courts of the norm of Article 79 of the CC of Ukraine on the basis of the offender belonging to the category of persons provided for by the specified norm, is inadmissible, since its application must be preceded by an assessment of the person of the offender, the possibility of her correction without isolation from society and ensuring the interests of the child. It has been established that by fixing the provisions regarding the probationary period, which is set for those released from serving a probationary sentence under Article 79 of the CC of Ukraine, the legislator did not specify its minimum duration, constructing the relevant norm in such a way that it could be individualized depending on the age of the convicted child. At the same time, the courts in their decisions do not always indicate the specific age of the child, which makes it impossible not only to correctly determine the time limits of the examination period, but also to apply the investigated institute in general. The author found that some courts incorrectly apply the norm of part 1 of Article 79 of the CC of Ukraine regarding the determination of the probationary period, as they establish a probationary period that exceeds the time during which a woman can be dismissed from work in connection with pregnancy, childbirth and before the child reaches the age of seven. It was concluded that the correct practice of applying the provisions of Article 79 of the CC of Ukraine, means of probation are not only the determination of the state of pregnancy or the presence of a minor child in the convicted person and the determination of the probation period until the latter reaches the age of seven, but also taking into account the circumstances of the committed criminal offense, the guilty party and the interests of the child.

The application of the Constitution of Ukraine during the settlement of civil and economic cases in terms of compensation for property damage in the case of decisions on exemption from criminal liability on the basis of Art. 49 of the Criminal Code of Ukraine

It is pointed out, the erroneous application by the courts of the economic and civil links as evidence of the decision of the criminal court to close the criminal proceedings in connection with the expiration of the terms of bringing to criminal responsibility, as a non-rehabilitating circumstance during the establishment of property damage in the resolution of relevant disputes. The author notes that, from the available access to court decisions and their analysis, it is clear that when considering cases related to the compensation of property damage, not every court provides a correct assessment of the legal nature of the closure of criminal proceedings, which leads to the incorrect application of the requirements of procedural legislation in terms of the adoption and evaluation of evidence. The article examines the problematic issue of the application of the practice of Ukrainian civil and commercial courts in resolving issues of compensation for property damage in the presence of a decision to release a person from criminal liability due to the expiration of the statute of limitations (in particular, the decision of the Supreme Court of Ukraine), as well as theoretical aspects related to this issue with reference to the norms of the Constitution of Ukraine and the Convention on the Protection of Human Rights and Fundamental Freedoms. According to court practice, in Ukraine, the expiration of the statute of limitations in a criminal case does not automatically mean the absence of civil liability for the offense committed. In cases where a person has been acquitted in criminal proceedings due to the expiration of the statute of limitations, there may still be grounds to seek civil damages for property damage. Ukrainian courts may take into account such factors as the nature of the offense, the amount of damage caused and the evidence provided when determining liability for compensation in civil cases. Civil proceedings in this case should be separate from the criminal case with the need to focus on legal responsibility for the property damage caused in the presence of relevant admissible evidence submitted by the party in the case. As of today, it is extremely important to effectively navigate the peculiarities of such cases and to achieve the correct interpretation of evidence in cases of potential compensation for property damage in civil proceedings.

Rights of Women Married Under the Act - A Case Study of Legal Divorce

The rights of women in divorce cases, particularly those married under the Act, have been a long-standing concern. Despite the existence of laws governing marriage and divorce, women often face challenges in asserting their rights during the divorce process. This study aims to assess the general concept of marriage and marriage under the Act, examine divorce and its effects, and evaluate the consequences of divorce on women's rights. The study seeks to identify the position of the law on divorce and women's rights in the process and at the end of the process. A mixed-methods research design was employed, combining qualitative and quantitative approaches. The study analyzed laws and statutes on marriage and divorce, reviewed cases adjudicated by courts of competent jurisdiction, and conducted interviews with divorcees, legal practitioners, and other stakeholders. The study found that women's rights in divorce cases are often compromised due to ignorance of the laws and lack of advocacy on their behalf. The Domestic Relations Law of Liberia, the Matrimonial Causes Act of Nigeria, and the Supreme Court of Liberia's opinions on divorce cases were found to be crucial in upholding women's rights in divorce cases. The study concludes that women's rights in divorce cases are often neglected, but the law provides avenues for redress. The study recommends increased awareness and education on women's rights relative to divorce, as well as the need for advocacy on behalf of women in divorce cases. The study's findings have implications for policymakers, legal practitioners, and women's rights advocates.

Criticism Towards the Ruler: Illustrations From the Letter of the Law and the Practice of the Polish Constitutional State

The publication is devoted to several examples of the practice of criticism of the Head of State and executive power in Polish history. The authors have chosen three moments of interest: the first one is the first decade of the “Congress” Polish Kingdom established in 1815, and the second refers to the Second Polish Republic in the period after the coup d’État by Józef Piłsudski in 1926. Finally, the authors refer to some practical aspects of criticism of the authority in the public space in recent times, also recalling the high-profile criminal trial that reached the highest instance – the Supreme Court in 2023. In these examples, the authors focus on aspects of the permissibility of criticism, its specific forms and the reaction of the executive in the early history of the constitutional state and camouflaged criticism of power respectively, through the interwar liberal model of protection of freedom of speech and of the press, which failed in the face of authoritarian changes and the political will to protect the good name of one particular individual; after the death of Piłsudski, the lack of adequate legal protection post mortem was finally “remedied” by a particular repressive law. The last section of the discussion refers to the contemporary Polish state of law, and here the focus is on the faces of criticism and the forms of its suppression. In particular, attention was paid to the problem of the extensive use of means used by the police against criticism particularly unpleasant to the power camp (up to the bizarre action with the hiring of a jib) and the question of maintaining specific protection of the Head of State against defamation in the Criminal Code.

Science in a shifting policy system.

In June, the US Supreme Court overturned a 40-yearold legal principle known as the Chevron doctrine, which deferred to federal agencies on how regulations are interpreted in legal cases when the legislation enacted by Congress is unclear. Striking a blow against this precedent, Supreme Court Chief Justice John Roberts indicated that Chevron was "fundamentally misguided" and that only the nation's courts have the prerogative to interpret the laws they administer. Judges across the United States now anticipate an onslaught of litigation seeking to overturn federal regulatory actions, and many of these lawsuits will turn on scientific evidence that guided those actions. Instead of deferring to the scientific and technical expertise of federal agencies, courts must now independently review the scientific record behind a challenged regulation for its persuasiveness, along with scientific findings produced by the litigating parties. It's too early to fully unpack the impact of overturning Chevron, but the scientific community must step forward to support the crafting of clear and evidence-informed legislation, and the use of scientific evidence in the courts.

Legal Protection for Well-Known Trademark Rights Holders Against Trade of Counterfeit Goods Under the Osakafom Brand (Study of Supreme Court Decision Number: 1390 K/Pdt.Sus-Hki/2023)

This study examines the legal protection of well-known trademarks in Indonesia, focusing on the Osakafom trademark dispute. Using a normative legal research methodology, this research analyzes relevant legal norms, judicial decisions, and the enforcement of Law No. 20 of 2016 concerning Trademarks and Geographical Indications. Despite the existence of this legal framework, enforcement remains weak, allowing counterfeit goods to flood the market. Through an analysis of the Supreme Court Decision No. 1390 K/Pdt.Sus-Hki/2023, this study highlights the shortcomings in enforcement and the slow judicial process. The results indicate that while the law provides a basis for trademark protection, the delays in legal proceedings and the burden placed on trademark holders to monitor infringements reduce the law's effectiveness. The findings emphasize the need for stronger enforcement mechanisms, quicker judicial proceedings, and increased government involvement in monitoring counterfeit goods. This paper also suggests that international cooperation is crucial in addressing the cross-border nature of counterfeit operations and protecting the integrity of well-known trademarks in the global market.

The Role of Amicus Curiae in Judges' Decisions Regarding Justice Collaborators in Premeditated Murder Cases

Amicus Curiae is limited to providing opinions, and not taking action. The practice of amicus curiae is actually commonly used in countries that use the Common Law system and not the Civil Law system adopted by Indonesia. However, this does not mean that this practice has never been applied or practiced in Indonesia. In the Indonesian judiciary, amicus curiae has not been clearly regulated, but the legal basis for accepting the concept of amicus curiae in Indonesia is Article 5 Paragraph (1) of Law Number 48 of 2009 concerning Judicial Power. Therefore, it is interesting to examine the role of the amicus curiae in the judge's decision regarding the justice collaborator in the criminal case of premeditated murder. To answer these problems, normative legal research methods (normative juridical) are used with a statutory approach, case approach, conceptual approach and comparative approach, using secondary data obtained from primary, secondary and tertiary legal material sources. In this research, the role of the amicus curiae in the judge's decision on the justice collaborator in the criminal case of premeditated murder as regulated in Article 340 of the Criminal Code. Apart from that, the role of amicus curiae is also regulated in the Constitutional Court Regulations Article 14 Paragraph (4) Number 06/PMK/2005, Article 180 Paragraph (1) KUHAP, Article 183 KUHAP, Article 89 Paragraph (3) Law Number 39 of 1999 concerning Human Rights Humans, Circular Letter of the Supreme Court of the Republic of Indonesia (SEMA) Number 4 of 2011, even though they do not have clear regulations, in their application amicus curiae have never been prohibited by judges.

A Gloss to the Judgement of the Supreme Court of 24 January 2020, III CZP 51/19, on Legal Nature of Benefits under Unit-Linked Life Insurance

The judgment discussed herein concerns the essential characteristics of the unit-linked life insurance, which play a major role for the insurance theory and practice. Given the complexity of this type of contact, the nature of benefits on the part of the insurance company gives rise to some questions in legal writings and in the jurisprudence, thus justifying the need for an in-depth analysis thereof.

Is the U.S. Supreme Court Facing a Crisis of Democratic Legitimacy? A Review Article

Abstract Kevin McMahon's A Supreme Court Unlike Any Other examines the extent to which the current Supreme Court—and its conservative supermajority—departs from earlier courts in the extent to which it suffers from a “democracy gap.” McMahon persuasively argues that the current Court is different for two reasons. First, most of the justices in the conservative majority were appointed by presidents who did not win the popular vote and/or were confirmed by senators who represented fewer voters than the senators who opposed them. Second, the homogenization of nominee experience and background has created a “judicial aristocracy” in which the justices are experientially far removed from the elected branches. One puzzle this account raises is why this democracy gap took so long to emerge, given the institutional design of the Court. But given the current polarized state of American politics, the same forces that brought us to the reality of the conservative supermajority are unlikely to abate for quite some time.

The conundrum within “caveat lector”: Unraveling the dissoi logoi in the book banning controversy

ABSTRACT Having just passed the 90th anniversary of the book burnings in Nazi Germany, which began May 10, 1933, and the 70th anniversary of the publication of Ray Bradbury’s classic novel Fahrenheit 451, it doesn’t take much imagination or hyperbole to conclude that controversies surrounding book banning in public schools and libraries across the country are very evident today. This essay argues that the book banning issue in the United States can most effectively be understood through dissoi logoi. We examine both sides of the book banning controversy: those entities that advocate for very restricted access to books and other materials, and those that offer a more unfettered approach. First, we look at the historical provenance of book banning. Then we examine Supreme Court, Appellate Court, and District Court opinions related to book banning from 1969 to 2009. In the current analysis, we look specifically at Florida, which has exerted a significant amount of influence in restricting access to books. And, finally, we look at policies that will afford decision-makers the opportunities to make thoughtful and reasonable choices about the books used in school curricula and holdings in public libraries.