On the Lessons to Be Learned From the 1983 Supreme Court Case ‘Container Corporation of America v. Franchise Tax Board’ for the Discussion of International Taxation in 2020

2020 ◽  
Author(s):  
Oliver Treidler
Keyword(s):  
Supreme Court ◽  
International Taxation ◽  
Court Case ◽  
Supreme Court Case

Definition

2017 ◽  
Author(s):  
Martin Camper
Keyword(s):  
Supreme Court ◽  
Court Case ◽  
Legal Interpretation ◽  
Single Term ◽  
Supreme Court Case

Chapter 3 explores the interpretive stasis of definition, where there is a question concerning the intended or appropriate scope of the basic sense of a term in a text. The chapter shows how rhetors, by persuasively articulating a definition and resorting to various lines of argument, can shift the meaning of passages and reframe controversies hinging on a text’s interpretation by adjusting the scope of a single term. But only linchpin terms (similar to Burke’s and Weaver’s ultimate terms) have this governing quality. The chapter’s central example consists of oral arguments from the 2010 Supreme Court case McDonald v. City of Chicago that ultimately determined US citizens have a fundamental right to bear arms. The case partly rested on whether the Fourteenth Amendment’s phrase privileges or immunities, generally protected from state infringement, includes this right within its scope. The centrality of definitional disputes to legal interpretation is also considered.

Video as Text/Archive

2019 ◽  
pp. 778-797
Author(s):  
Bennett Capers
Keyword(s):  
Supreme Court ◽  
Court Case ◽  
The Supreme Court ◽  
Surveillance Cameras ◽  
American Law ◽  
Supreme Court Case ◽  
History Of ◽  
Constitutional Protections

This chapter focuses on a few issues related to video evidence and law, especially with respect to American law. The first issue is the history of the use of video evidence in court. The second issue involves constitutional protections regarding the state’s use of surveillance cameras. The chapter then turns to the Supreme Court case Scott v. Harris to raise concerns about the use of video evidence as not just proof but “truth.” These are of course just a sampling of the issues that the topic of video evidence could raise. The hope is that this chapter will spur further inquiry on the part of the reader.

Toward an Actor-Based Measure of Supreme Court Case Salience

2012 ◽  
Vol 66 (4) ◽  
pp. 804-818 ◽  
Author(s):  
Ryan C. Black ◽  
Maron W. Sorenson ◽  
Timothy R. Johnson
Keyword(s):  
Supreme Court ◽  
Court Case ◽  
Supreme Court Case

scholarly journals A Tale of Seven Cases – Faculty Unions in the United States – From Yeshiva To Elon: Is It Time to Review Yeshiva and the Positions of Church-Sponsored Colleges and Universities As Well?

2021 ◽  
Author(s):  
Richard J. Hunter ◽  
Hector R. Lozada ◽  
John H. Shannon
Keyword(s):  
Supreme Court ◽  
Labor Relations ◽  
The United States ◽  
Colleges And Universities ◽  
Court Case ◽  
National Labor Relations Board ◽  
Faculty Unions ◽  
The Supreme Court ◽  
Supreme Court Case ◽  
Yeshiva University

This article is a summary discussion of the main issues faced by faculty at private, often church-sponsored, universities who sought to be represented by a union in collective bargaining with their employers. The discussion begins by tracing the origins of the rule that faculty at private universities are managers and not employees under the aegis of the National Relations Act in the Supreme Court case of Yeshiva University. The summary then follows developments over the years up to the most recent decision of the National Labor Relations Board that sanctioned the efforts of adjunct professors at Elon University to seek union representation. In examining these two book-end cases, the article discusses issues relating to the effect of the religion clauses of the First Amendment in the context of the National Labor Relations Board’s shifting views on the topic. Last, the authors discuss unionization in the context of church-sponsored colleges and universities. Is it now time for the Supreme Court to review its seminal decision in Yeshiva University and for church-sponsored colleges and universities to rethink their positions as well?

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