The Supreme Court on Miranda rights and interrogations: The past, the present, and the future.

2010 ◽  
pp. 161-177 ◽  
Author(s):  
Lawrence S. Wrightsman
Keyword(s):  
Supreme Court ◽  
Miranda Rights ◽  
The Past ◽  
The Supreme Court ◽  
The Future

scholarly journals Hryniak v. Mauldin Comes to Alberta: Summary Judgment, Culture Shift, and the Future of Civil Trials

2017 ◽  
Author(s):  
Barbara Billingsley
Keyword(s):  
Supreme Court ◽  
Civil Procedure ◽  
The Past ◽  
Culture Shift ◽  
The Supreme Court ◽  
The Future ◽  
Civil Trials ◽  
Summary Judgment

Alberta’s law of civil procedure, and summary judgment in particular, has experienced a culture shift since the Supreme Court of Canada’s ruling in Hryniak v. Mauldin. This article asks whether litigation directed toward a conventional trial is now, or is soon to be, a thing of the past. Although intended to revive traditional trials as a realistic and timely resolution option, it is impossible to say yet if this will be Hryniak’s legacy in Alberta. Three things are clear in post-Hryniak Albertan jurisprudence, however: first, the Hryniak test governs the determination of summary judgment applications in Alberta; second, Alberta courts have embraced the call for proportionality in litigation procedure; and third, the Hryniak culture shift creates uncertainty for Alberta litigants.

Summary of Results

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Government Agencies ◽  
Property Law ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
The Past ◽  
The Supreme Court ◽  
The Government ◽  
Networked Economy

The persuasive force of the accepted account’s property logic has driven antitrust and intellectual property law jurisprudence for at least the past three decades. It has been through the theory of trademark ownership and the commercial strategy of branding that these laws led the courts to comprehend markets as fundamentally bifurcated—as operating according to discrete types of interbrand and intrabrand competition—a division that had an effect far beyond the confines of trademark law and resonates today in the way government agencies and courts evaluate the emerging challenges of the networked economy along the previously introduced distinction between intertype and intratype competition. While the government in its appeal to the Supreme Court in ...

The UK courts and EU law post-Brexit

2021 ◽  
Vol 20 (3) ◽  
pp. Christopher-Vajda
Author(s):  
Christopher Vajda
Keyword(s):  
Supreme Court ◽  
Transition Period ◽  
Case Law ◽  
Eu Law ◽  
National Courts ◽  
The Supreme Court ◽  
The Future ◽  
The Status ◽  
The Uk ◽  
Court Of Appeal

Following the expiry on 31 December 2020 of the ‘transition period’ under the UK/EU Withdrawal Agreement, the relationship between UK and EU law had changed. Whilst much EU legislation at that date will continue to apply in UK law as ‘retained EU law’ and judgments of the EU courts handed down before that date will remain binding on UK courts as ‘retained EU case law’, the Court of Appeal and Supreme Court can depart from that case law. Whilst EU court judgments handed down after that date are not binding on UK courts, they may be taken into account. This article considers both the status of EU retained case law and when the Supreme Court and Court of Appeal may depart from it, and the future of EU law that is not ‘retained EU case law’ and how judgments of the European Courts and national courts of its Member States may influence UK judges in the future.

scholarly journals The Impact of the Voting Rights Act on American Political Parties

1994 ◽  
Vol 14 ◽  
pp. 565-575
Author(s):  
Howard A. Scarrow
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Voting Rights ◽  
Voting Rights Act ◽  
Legal Standards ◽  
The Past ◽  
The Supreme Court ◽  
The Impact

The weakening of American political parties has been a theme featured in the writings of political scientists for the past several decades. This essay is addressed to developments which may further that decline-developments which have undermined the very purpose which American political parties are said to serve. I refer to legal standards which were established by the Supreme Court in 1964, and which have since been expanded by the Court and then incorporated into the Voting Rights Act of 1965 and its amendment in 1982.

scholarly journals The Contractual Interpretation of Tipping J

2016 ◽  
Vol 47 (2) ◽  
pp. 227
Author(s):  
Matthew Barber
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
The Other ◽  
Court Decision ◽  
The Supreme Court ◽  
Comprehensive Examination ◽  
The Future ◽  
Lower Courts ◽  
The Way

In the Supreme Court decision of Vector Gas Ltd v Bay of Plenty Energy Ltd, Tipping J put forward an approach to contact interpretation that, while indebted to that of Lord Hoffmann, was expressed differently and promoted the use of evidence of prior negotiations. Despite not gaining the support of any of the other sitting judges, this approach was swiftly taken up in the lower courts and, until recently at least, seems to have been accepted as representing New Zealand law. This article attempts a comprehensive examination of Tipping J’s approach. It concludes that, while coherent in principle, the detail of the approach is flawed in a number of ways, especially the way in which evidence of subsequent conduct is assumed to work. The future of Tipping J’s approach is considered.

The Origins of the Re Hastings-Bass Rule

2015 ◽  
Author(s):  
Michael Ashdown
Keyword(s):  
Supreme Court ◽  
Present State ◽  
Practical Importance ◽  
Future Application ◽  
Precise Nature ◽  
The Supreme Court ◽  
The Future ◽  
The Law ◽  
The Many ◽  
Court Of Appeal

The present state of the law must now be treated as authoritatively set out by Lord Walker in Pitt v Holt, and to a lesser but still important extent by the earlier judgment of Lloyd LJ in the Court of Appeal in the same case. This chapter, however, is concerned with the earlier development of the Re Hastings-Bass doctrine. Its purpose is to establish the doctrinal legitimacy of the rule in Re Hastings-Bass as an aspect of the English law of trusts. Whilst this is primarily of academic and theoretical concern, in view of the Supreme Court’s reformulation of the law into its present shape, it is also of practical importance. In particular, the future application of the doctrine to novel situations will depend upon understanding the precise nature and scope of the rule propounded by the Supreme Court. That decision cannot simply be divorced from the many decided cases which preceded it, and from its place in the wider compass of the law of trusts.

In Scalia’s Shadow

Never Trump ◽  
2020 ◽  
pp. 197-220
Author(s):  
Robert P. Saldin ◽  
Steven M. Teles
Keyword(s):  
Supreme Court ◽  
Federal District ◽  
Donald Trump ◽  
Checks And Balances ◽  
First Choice ◽  
The Supreme Court ◽  
The Future ◽  
Total Lack ◽  
The Creation ◽  
Trump Administration

This chapter explores the creation of Checks and Balances, a new group of conservative legal critics of the Trump administration. From his racist attack on the federal district judge ruling on the Trump University case and suspicions that he would appoint his own sister to the Supreme Court, to his threats to revise libel law so as to silence his rivals and his nearly total lack of constitutional discussion, Donald Trump was almost no prominent conservative lawyer's first choice. Once he dispatched all his Republican rivals, however, conservative lawyers were in a quandary. The death of Antonin Scalia, the most celebrated conservative jurist of his generation and a leader of the conservative legal movement, put the future of the Supreme Court squarely on the ballot. Once the character of Trump's governance became clear, Checks and Balances emerged to criticize the administration's legal conduct.

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