首页 | 本学科首页   官方微博 | 高级检索  
相似文献
 共查询到20条相似文献，搜索用时 31 毫秒
1.
The treaties signed by the US and the various Indian nations continue to be powerful litigation tools, as demonstrated in the 1999 Supreme Court case Minnesota v. Mille Lacs Band of Chippewa Indians (526 U.S. 172). Over the years, many cases have been heard but it is noteworthy that of the over 370 Indian treaties enumerated by the Department of State, more than 80 have never been cited in the opinion of any trial at the federal court level. This note identifies these absent American Indian treaties.  相似文献   

2.
Supplemental articles and supplementary treaties were used as tools to modify American Indian treaties. In general, supplemental articles were adjustments to the parameters of a treaty, frequently made as quickly as the same – or the next – day of negotiations, whereas the task of a supplementary treaty was to affect the conditions created in a previous treaty(s).As the law of the land, these materials have been referenced in the opinions of the federal, state, and territorial court systems. This article identifies those 80 documents – a combination of 39 initial treaties and their 41 supplements – cited in the opinions of 101 cases between 1831 and 2000 that bind together these instruments, their modifications, and their application within these various venues.  相似文献   

3.
One hundred fifty years ago, Joel Palmer, as Superintendent of Indian Affairs for the Oregon Territory, and Isaac I. Stevens, as Governor and Superintendent of Indian Affairs of the Washington Territory, negotiated a series of treaties with tribes of the Pacific Northwest. These 10 instruments have affected the gathering rights of tribes and of others in this area and throughout the United States and have generated a substantial amount of litigation. This article reports on the 512 citations to these specific documents in 354 opinions, between the years 1874 and 2005, in various jurisdictions ranging from territorial courts to the U.S. Supreme Court.  相似文献   

4.
Prior research has noted the increase of concurrent and dissenting opinions issued by the U.S. Supreme Court. It has been argued that the proliferation of concurrent and dissenting opinions is symptomatic of an “individualistic” style of judging. This paper seeks to answer the question of whether individualism has also become manifest among the sitting Justices on the Supreme Court. It is argued that the number of personal references in Court opinions offers a linguistic clue as to how the Justices see themselves and the Court as an institution. The key issue is whether the sitting Justices see the current Court (and themselves) as an institutional body or as a fractionalized collection of individuals. A content analysis of Court opinions offers some support that an individualistic style of judging has increased over time.  相似文献   

5.
Recent decisions of the US Supreme Court, in returning to theissues of capital punishment and abortion, have simultaneouslyexpanded the potential for public opinion on these issues tohave an impact on public policy. This article considers thedistribution of the available combinations of attitudes towardissues of the institutionalized taking (or preservation) ofhuman life, both in the general American public and in subgroupswhich combine these opinions in distinctive fashion. These patternsare then compared to attitudes among partisan political activists,suggesting a further set of recurring, élite-mass tensions.Finally, the resulting tensions and cross-pressures are examinedfor their relationship to the presidential vote in 1984 and1980.  相似文献   

6.
本文主要通过对霍姆斯在马萨诸塞州最高法院期间和在联邦最高法院审理申克案之前言论自由案件判决的分析,来还原他如何提出在美国言论自由思想史上占据重要地位的"明显而即刻的危险"原则。这种还原包含两个方面:一、对霍姆斯在这段时间言论自由思想的转变历程进行勾勒;二、挖掘影响霍姆斯对言论自由思考转向的历史因素。通过这两方面的论述,尽可能完整地向读者展示"明显而即刻的危险"原则的历史由来。  相似文献   

7.

The purposes of this study were: to explore current proposals to ban or limit alcoholic beverage advertising; to examine the method by which the Supreme Court is treating commercial speech cases; to focus on two cases, one in which a state banned local advertising of liquor and wine, a ban that was tacitly approved by the Supreme Court, and another in which the Supreme Court indicated that states have expansive power in the regulation of advertising of products such as alcohol; and to assess policy implications of regulatory concerns. This discussion concludes that ultimately the alcohol advertising issue is likely to be addressed on a state‐by‐state basis and then litigated in the courts.  相似文献   

8.
The purpose of this research is to investigate the current state and trend of government website information cited by social science and humanities (SS&H) journal articles in China. The Chinese Social Science Citation Index (CSSCI) was used as the benchmark and the Social Science Citation Index (SSCI) journals as the reference samples. It analyzed 204,019 web citations (N = 5,063,237) found in 925,506 articles that were published in CSSCI journals during the 1998–2009 period. The findings unveil that web citations accounted for only 4.03% of the total number of citations (N = 5,063,237), and that citations of Chinese government websites constituted 6.6% of the total number of web citations (N = 204,019). The study disclosed detailed information regarding citations derived from ministries and commissions directly under the State Council websites (N = 69), government online media (N = 7), government website citation subjects (N = 21), and various types of government website information (N = 5). Although government website information has limited influence on SS&H, their impact is currently growing rapidly. In comparison with international research community, influence of government web information on Chinese social science is higher, while its influence on humanities is lower. Essentially, Chinese scholars put emphasis on citing information from authoritative central government websites or highly visible state-owned media information as supporting evidences in their articles. In general, the citation of information from Chinese government website tends to hot social issues of society. Finally, it is necessary to promote the visibility of local government websites, to develop policies and guidelines to encourage the disclosure and the diversity of data, so that there will be more citation balances between social and technological topics.  相似文献   

9.
SUMMARY

Two former Texas Supreme Court justices recently offered to donate their personal court files to the Tarlton Law Library, University of Texas at Austin. These offers forced the Law Library, the Texas Supreme Court, and the State Archives to confront several issues. Should such files ever be made public? If so, what would be an appropriate waiting period? What research value, if any, do such papers have? These working files would be valued not only by legal historians, but also by litigants, voters, and political opponents, raising some sticky access issues.  相似文献   

10.
Freedom of expression has long been one of Israel's most basic tenets. Since the beginning of the “Al Aksa Intifada” in October 2000, many bodies in Israel have attempted to limit this freedom when expressed by Israeli Arab Palestinians on the grounds that such expression is harmful to the public and forms an incitement for terror. The Israeli Supreme Court, despite heavy opposition by the public, was nevertheless able in most instances to uphold and protect this liberty. Despite public outcry, the Court performed a delicate balancing act, balancing Israel's need to protect itself from its enemies against the basic freedom of expression to which all of its citizens are entitled. The mechanics of this judicial balancing act by a country that is no stranger to war and terrorism can serve as a useful guide for other countries struggling to deal with similar assaults to their democratic way of life.  相似文献   

11.
数据库在记录的内容整体和文档结构上具有独创性,并按一定的形式存储和管理,向读者提供社会服务,属于著作权的保护范畴,应当受到著作权的保护.文章从法律、经济、技术等方面对数字图书馆的数据库的保护进行了探讨.  相似文献   

12.
Court decisions themselves, and not just arguments before courts, are rhetorical works. The Supreme Court majority opinion in the publicized 1973 abortion case Roe v. Wade demonstrated this rhetorical nature of decisions both in its choice of arguments and evidence and in its effort to organize symbolically the world of the medical and legal considerations surrounding abortion.  相似文献   

13.
There has been a plethora of substantive copyright cases in the history of the United States. Two of the most important cases in the last few years were: the Kirtsaeng case before the Supreme Court of the United States; and the SCI-HUB case before the United States District Court in the Southern District of New York. This paper addressed the key copyright issues raised in each case, including a discussion of relevant sections of the Copyright Law of the United States (17 U.S.C.) as well as suggestions the book and scholarly journal industries could consider addressing the insidious impact of copyright violations.  相似文献   

14.
Developing Data Management Services at the Johns Hopkins University   总被引：1，自引：0，他引：1  
Big data challenges have stimulated national and international initiatives in building inter-connected data repositories and integrated data resources as well as long-term data management and data stewardship to support cross-disciplinary scientific data discovery and reuse. To champion such efforts, Johns Hopkins University (JHU) created and developed a new model of data management services (DMS) encompassing a continuum of Storage → Archiving → Preservation → Curation layers to provide data managing and sharing through the JHU Data Archive (DA). To examine this model of data management services, we contextualized the JHU DMS in a case study drawing upon document analysis and interviews with key stakeholders. Our investigation revealed distinct dimensions of the JHU DMS/DA into environmental responsiveness (see Environmental Responsiveness section for explanation), socio-technical readiness, and marketing and collaboration strategies. We further articulated opportunities, challenges and success determinants of the DMS within its institutional context. We intend for the case study to stimulate further discussion and research on alternative options and extensions of the DMS model in other institutions or contexts.  相似文献   

15.
This paper uses treaty minutes and correspondence from the Papers of the Continental Congress, 1774–1789 to trace the development of a United States treaty protocol with American Indians from its origins in 1775 through the end of the pre-federal period. This examination draws on reports of treaty negotiations, speeches from council proceedings, reports, and letters from Indian Commissioners, agents, Indians, and the Continental Congress to portray the changing cultural context of treaties between the United States and the Iroquois, and by extension, American Indians.  相似文献   

16.
Colorado State University Libraries (CSUL) purchased the digitized United States Congressional Serial Set, 1817–1994 and American State Papers (1789–1838) from the Readex Division of NewsBank, Inc. and, once funds and records were available, the accompanying MARC records. The breadth of information found in the Serial Set is described, along with the difficulties in using the print version (incorporated in the literature review, which includes citations of announcements of the digital collections and reviews of the software). The digital version of the Serial Set has its advantages, but there are additional rewards (much greater discovery opportunities) when items in the digital collection are directly accessible from the library catalog. The purchased MARC records, while overall excellent, had problems that needed to be corrected before they were loaded into CSUL's Innovative Interfaces library catalog. Patron access impact was used as a criterion when determining which of the records would be fixed before loading. High impact problems were identified and solutions derived for: multiple 245 (title) fields; 245 s indicator zero with titles beginning with a, an, or the; dollar sign used in text; fixed field date; languages; subject headings; creating proxy URLs; classification numbers; and author authority control (e.g. corporate entries and presidential entry errors).  相似文献   

17.
Media Regulation     
Haig A. Bosmajian, ed. Obscenity and Freedom of Expression (New York: Burt Franklin & Co., 1976---$25.00)

Harry W. Stonecipher and Robert Trager's The Mass Media and Law in Illinois (Carbondale Ill.: Southern Illinois University Press, 1976---$12.50)

Kenneth S. Devol, ed. Mass Media and the Supreme Court: The Legacy of the Warren Years (New York: Hastings House, 1976---$14.50/8.50)  相似文献   

18.
For more than 150 years, the United States Government Printing Office (GPO), along with its Federal Depository Library Program (FDLP), has supported an informed citizenry and democracy by ensuring access and preservation to a broad swath of federal government information. This collaborative national public information program between local libraries and the national government, if it is to survive beyond its second century of service, must overcome profound challenges within a rapidly evolving complex of e-government policies and principles. The FDLP can (and must) find a way to serve its traditional values – permanent and public access to government information – that allows for growth and change within the demands of a dynamic electronic environment between the governors and the governed.  相似文献   

19.

The decision of the Supreme Court last June in the “Red Lion”; and “RTNDA”; cases is the most important decision on broadcasting from SCOTUS in many years. On this fact communications attorneys, members of the FCC, editorial writers, teachers, and the Vice President of the U. S. can all agree. To make this landmark decision more readily available, the Journal is providing below most of the verbatim text of the decision. In the interests of conserving space, some minor marked deletions have been made.

The full title of this case is: “Red Lion Broadcasting Co., Inc., etc., et al, Petitioners, v Federal Communications Commission et al. (No. 2)—United States et al. Petitioners, v Radio Television News Directors Association, et al. (No. 717).”; It was argued April 2 and 3, 1969, and decided June 9, 1969, with Mr. Justice White delivering the opinion of the Court. The precise legal citations from the court reporting systems are not yet available.  相似文献   

20.
Although the law of libel and other forms of defamation seems to undergo change with every new term of the U.S. Supreme Court, it is hoped that this “here is how it is in the summer of 1971” review will be of value. Dr. Milan Meeske is assistant professor in the Department of Communication of Florida Technological University.  相似文献   

设为首页 | 免责声明 | 关于勤云 | 加入收藏

Copyright©北京勤云科技发展有限公司  京ICP备09084417号