Federal Courts. Contempt. Payment of Tuition Grants by County Board of Supervisors to Parents of White Children Attending Segregated Private Schools While Question of Board's Power to Make Such Grants Is Pending on Appeal Constitutes Civil Contempt of Appellate Court

1966 ◽  
Vol 52 (8) ◽  
pp. 1556
Author(s):  
Nicholas Ravotti

The practice of law requires not only an understanding of the law itself (i.e., what the law “says”), but also the ability to conduct proper legal research to formulate cogent legal arguments in support of one's case. For attorneys practicing before state and federal courts in the United States, this is accomplished through the use of legal research databases that catalog and archive nearly all state and federal trial court and appellate court opinions. For attorneys who practice before the 573 federally-recognized Indian tribal courts, this task is far more complex. This chapter discusses the need for a culturally-appropriate legal research database to bridge the digital divide in tribal courts.


Author(s):  
Robert N. Gross

Chapter 6 describes how federal courts, by sanctioning public regulation, saved private education from outright abolition. In 1922 voters in Oregon approved an initiative, aimed at Catholics, that criminalized attendance in private schools. The National Catholic Welfare Conference challenged the law’s constitutionality and, in Pierce v. Society of Sisters (1925), the Supreme Court struck it down. Throughout the legal proceedings, Catholic lawyers, led by William D. Guthrie, argued that abolishing private schools was unnecessary because states routinely exercised broad powers of regulation. The Court agreed, asserting that because Oregon possessed significant authority to supervise and manage private schools, states could not legally strip them of their property through abolition. While the case later became a pillar for the constitutional right to privacy, the ruling represented a strong assertion of public authority. Public regulation aided rather than hindered the development of private schooling in the United States.


2019 ◽  
Vol 6 (2) ◽  
pp. 205316801984893 ◽  
Author(s):  
Douglas Rice ◽  
Jesse H. Rhodes ◽  
Tatishe Nteta

Although racial bias in the law is widely recognized, it remains unclear how these biases are in entrenched in the language of the law, judicial opinions. In this article, we build on recent research introducing an approach to measuring the presence of implicit racial bias in large-scale corpora. Utilizing an original dataset of more than one million appellate court opinions from US state and federal courts, we estimate word embeddings for the more than 400,000 most common words found in legal opinions. In a series of analyses, we find strong and consistent evidence of implicit racial bias, as African-American names are more frequently associated with unpleasant or negative concepts, whereas European-American names are more frequently associated with pleasant or positive concepts. The results have stark implications for work on the neutrality of the legal system as well as for our understanding of the entrenchment of bias through the law.


1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.


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