scholarly journals Korean court cases regarding research and publication ethics from 2009 to 2020

2021 ◽  
Vol 8 (1) ◽  
pp. 98-103
Author(s):  
Ju Yoen Lee
Keyword(s):  
Supreme Court ◽  
Copyright Law ◽  
Publication Ethics ◽  
Court Cases ◽  
Criminal Cases ◽  
Legal Cases ◽  
Ethical Misconduct ◽  
The Supreme Court ◽  
Data Fabrication ◽  
Ethical Norms

Research and publication misconduct may occur in various forms, including author misrepresentation, plagiarism, and data fabrication. Research and publication ethics are essentially not legal duties, but ethical obligations. In reality, however, legal disputes arise over whether research and publication ethics have been violated. Thus, in many cases, misconduct in research and publication is determined in the courts. This article presents noteworthy legal cases in Korea regarding research and publication ethics to help editors and authors prevent ethical misconduct. Legal cases from 2009 to 2020 were collected from the database of the Supreme Court of Korea in December 2020. These court cases represent three case types: 1) civil cases, such as affirmation of nullity of dismissal and damages; 2) criminal cases, such as fraud, interference with business, and violations of copyright law; and 3) administrative cases related to disciplinary measures against professors affiliated with a university. These cases show that although research and publication ethics are ethical norms that are autonomously established by the relevant academic societies, they become a criterion for case resolution in legal disputes where research and publication misconduct is at issue.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

EXPRESSIVE MEANING, RACE, AND THE LAW:

Legal Theory ◽  
1999 ◽  
Vol 5 (1) ◽  
pp. 75-99
Author(s):  
Andrew Altman
Keyword(s):  
Supreme Court ◽  
Legal Reasoning ◽  
Court Cases ◽  
The Supreme Court ◽  
Expressive Meaning ◽  
The Law

Recently, legal and social thinkers have turned to the idea that actions possess a nonlinguistic meaning, called “expressive meaning.” In this article I examine the idea of expressive meaning and its role in legal reasoning. My focus is on a series of U.S. Supreme Court cases involving constitutional challenges to election districts drawn on the basis of race. The Supreme Court used the idea of expressive meaning in striking down the districts. After explicating the idea of expressive meaning, I explain and criticize the Court’s reasoning. I distinguish the approach of Justices Thomas and Scalia, who hold that all uses of race in districting do constitutional harm, from that of Justice O’Connor, who distinguishes uses of race that do constitutional harm from those that do not. I contend that Justice O’Connor is right to make the distinction but she draws the line using a questionable standard. A more defensible standard would be more accommodating to the districts that the Court invalidated.

FINALITY OR FAIRNESS?

2014 ◽  
Vol 73 (3) ◽  
pp. 477-480
Author(s):  
Stephen Heaton
Keyword(s):  
Supreme Court ◽  
Resource Constraints ◽  
Criminal Cases ◽  
The Supreme Court

THE finality of proceedings, resource constraints, a presumption of guilt, and the existence of the Criminal Cases Review Commission (“CCRC”) all combine to outweigh the principle of fairness for a convicted individual. Such was the stark conclusion of the Supreme Court in dismissing Kevin Nunn's application to force prosecution authorities to grant access to material which he believed would help him get his conviction quashed: R. (Nunn) v Chief Constable of Suffolk Constabulary [2014] UKSC 37, [2014] 3 W.L.R. 77.

scholarly journals Some psychological impacts on judging in criminal cases within the Supreme Court of Cassation of the Republic of Serbia

2020 ◽  
Vol 25 (2) ◽  
pp. 13-28
Author(s):  
Dragutin Avramović
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Criminal Cases ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Psychological Impacts ◽  
The Republic ◽  
The Relationship ◽  
Media Pressure

Following hypothesis of Andrew Watson, American professor of Psychiatry and Law, the author analyses certain psychological impacts on behavior of judges and examines the relationship between their idiosyncrasies and their judicial decisions. The survey encompasses the judges of Criminal Department of the Supreme Court of Cassation of the Republic of Serbia and, also, for comparative reasons, the judges of Criminal Department of the First Basic Court in Belgrade. Considering the main issues there is no great discrepancy between answers given by the judges of the Supreme Court and those of the Basic Court. Most responses of the Serbian judges deviate from Watson's conclusions, namely: they do not admit that they feel frustrated due to heavy caseloads, the significant majority of judges are reluctant to acknowledge their prejudices and influence of biases on their ruling, the significant majority of judges are not burdened with the idea of possible misuse of their discretion, they nearly unanimously deny that public opinion and media pressure affect their rulings, etc. Generally, the judges in Serbia are not willing to admit that they cannot always overcome their own subjectivities.

scholarly journals The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

2021 ◽  
Vol 7 (1) ◽  
pp. 95-101
Author(s):  
E. V. Smakhtin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation

The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

時尚設計著作權可分離性論戰──以美國Star Athletica案為核心

2019 ◽  
Vol 18 (18) ◽  
pp. 215-281
Author(s):  
許炳華 許炳華
Keyword(s):  
Supreme Court ◽  
Copyright Protection ◽  
Apparel Industry ◽  
Copyright Law ◽  
Judicial System ◽  
Fashion Industry ◽  
Single Test ◽  
New Approach ◽  
The Supreme Court ◽  
Difficult Area

美國著作權法之概念上分離自1954年起即引發時尚業及司法實務之混亂，在著作權法之範疇，將美感與實用放在一起總是引發違和之感覺，實用性物品之可著作性為今日著作權法最艱難的爭議之一，「可分離性」原則即被用以處理上開疑難，然而該等原則描述容易，適用卻是困難，而多種現存之概念上分離的標準，使得著作權對於實用性物品之保護成為著作權法中最困難之領域，單一之標準容或降低司法實務間之緊張關係，而得以提供穩定之先例及可預測之結果。美國聯邦最高法院在最近之Star Athletica, L. L. C. v. Varsity Brands, Inc.案即被認為有釐清上開難題之機會，Star Athletica案提出可分離性之新途徑，著作權法並未定義可分離性，Star Athletica案可謂司法意欲填補該等模糊空間最新之嘗試，然而仍被批評所提出之標準缺乏明確性及清晰之指引，多數意見僅僅對法條加以釋義，且對於功能性之理論視若無睹。不過，Star Athletica案亦被認為對於時尚及配件產業，可謂恩賜，如果寬鬆地適用Star Athletica案最高法院所提出之新標準，有可能具備藝術特徵之實用性物品獲得著作權保護之機會將大增。 Conceptual separability in U. S. copyright law has been causing confusion in the fashion industry amongst American since 1954. In copyright law, the marriage of beauty and utility often proves fraught. One of the most difficult issues arising under the Copyright Act today is the copyrightability of useful articles. Seperability doctrine is used to deal with the issues. The doctrine has been easy to state but difficult to apply. The numerous existing tests for conceptual separability have made copyright protection of useful articles an exceedingly difficult area of copyright law. A single test for conceptual separability would alleviate conflict and tension with the judicial system, which would provide firm precedent and predictable outcomes. In Star Athletica, L. L. C. v. Varsity Brands, Inc., the U. S. Supreme Court had an opportunity to clarify the issues. In Star Athletica case, the Supreme Court recently unveiled a new approach to separability. The Copyright Act does not define separability, and Star Athletica is the latest judicial effort to try to fill that void. But the reasoning of Star Athletica still lacks clarity. The majority did little more than paraphrase the statue, and downplayed the functionality concern. Even so, Star Athletica decision is predictrd to be a boon to the fashion and apparel industry.

Introduction

2018 ◽  
Author(s):  
Lucas A. Powe
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Local State ◽  
Court Cases ◽  
Law And Politics ◽  
The Supreme Court ◽  
Entire Nation ◽  
Constitutional Adjudication ◽  
The Impact

This book examines the impact of Supreme Court cases from Texas on the entire nation. It argues that the most important Supreme Court cases have originated in Texas, which help explain why it is Texas and not California that provides breadth and depth to constitutional adjudication. Texas litigants, lawyers, politicians, and judges all play important roles in the underlying interplay of law and politics at the local, state, and national levels. In all its facets, Texas offers a window to all constitutional law and the Supreme Court. The book shows that Texas's impact literally started at the beginning by precipitating a debate over national powers and then a war with Mexico, and that the fraught relationship between Texas, the nation, the Constitution, and the Supreme Court in the century and a half since Texas v. White has produced more constitutional law than any other state.

Let Them Plow

2018 ◽  
Author(s):  
Camille Walsh
Keyword(s):  
Supreme Court ◽  
20Th Century ◽  
Jim Crow ◽  
School Desegregation ◽  
Turn Of The Century ◽  
People Of Color ◽  
Court Cases ◽  
Regional Variations ◽  
The Supreme Court

Chapter Two examines a handful of pivotal Supreme Court cases brought against school desegregation at the turn of the century and the first few decades of the 20th century. The Cumming v. Georgia case in 1899 indicated a demand for equality on the basis of taxpayer status that was understood by the plaintiffs to be intertwined with race, a demand that was interpreted by the Supreme Court only in the language of taxation and federalism. This chapter also highlights regional variations and a number of cases brought at the height of Jim Crow segregation by people of color who fell outside the black-white paradigm, even if courts then imposed it on them.

9 Criminal Justice

2019 ◽  
Author(s):  
Dickson Brice
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Final Section ◽  
Common Law ◽  
Criminal Court ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Right

This chapter selects five issues within the sphere of criminal justice to exemplify how the Irish Supreme Court has made its mark in the field. It looks first at the Court’s approach to the principle that prosecutions should be ended if they are unfair to the defendant and then moves to related issues surrounding use of the Special Criminal Court. It considers whether the Supreme Court has done enough to police the Special Criminal Court and whether reforms are necessary in that domain. In examining the Supreme Court’s views on the right to bail and on the admissibility of evidence which has been obtained unconstitutionally or otherwise illegally (with particular reference to the Damache and JC cases), comparisons are made with other common law jurisdictions. A final section looks at the Supreme Court’s position regarding the retrospectivity of declarations of incompatibility in criminal cases.

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