Brief Amicus Curiae of Law Professors and Social Scientists PDF Download
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Languages : en
Pages : 0
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Author: Rosemary J. Erickson
Publisher: University of Illinois Press
ISBN: 9780252066610
Category : Judicial process
Languages : en
Pages : 204
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Book Description
The cultures of law and social science differ markedly as to the kinds of truth they pursue. Law is deductive, presenting its findings as certainties; social science is largely inductive, presenting its conclusions as subject to revision and contingency. Yet the legal community traditionally draws at will and unsystematically on the findings of social science, sometimes with unfortunate results. The authors of this study explore this issue by focusing on the manner in which the United States Supreme Court uses social science data in reaching its decisions. Concentrating on decisions involving the issues of abortion, sex discrimination, and sexual harassment, they show that the use of such data has increased over the last twenty years, but they also show that whether such data are used appears to hinge more on the liberal, conservative, or longheld positions of the judges and the types of cases involved, rather than on the objectivity or validity of the data. By offering insights into how data are used by the Supreme Court, the authors hope to show social scientists how to make their research more suitable for courtroom use and to show the legal community how such data can be used more effectively.
Author: Supreme Court of the State of California
Publisher: Good Press
ISBN:
Category : History
Languages : en
Pages : 62
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"Brief Amicus Curiae of the American Psychological Association" by Supreme Court of the State of California. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
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Languages : en
Pages : 0
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Author: William C. Louthan
Publisher: Port Washington, N.Y. : Kennikat Press
ISBN:
Category : Law
Languages : en
Pages : 168
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This text provides a thorough investigation of the interface between law and society and the emergence of juriscience, the study of law as a behavioral science. Topics include public law as criminal justice, legal services, court reform and the politics of judicial administration.
Author: Reuven S. Avi-Yonah
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Category :
Languages : en
Pages : 0
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Amici are individual law professors who have extensive knowledge in the development of the law of federal and state taxation. These amici offer their expertise in support of the State's position in this case, that Engrossed Substitute Senate Bill 5096's (“ESSB 5096's”) tax on capital gains is an excise tax and not a property tax under Wash. Const., Art. VII, § 1. The State's position is grounded not only in this Court's precedent, but in history and logic.While Amici agree with appellant Intervenors that a tax on income is not a property tax, this Court need not overrule Culliton v. Chase, 174 Wash. 363, 25 P.2d 81 (1933), to uphold the capital gains excise tax here. ESSB 5096 falls squarely within this Court's longstanding definition of an excise tax because the incidence of the tax operates upon the act of transferring capital assets and not directly upon the property itself. If this Court were to affirm the trial court's flawed logic that a capital gains tax is “properly characterized as a tax on property” under Art. VII, § 1 because it is a “tax on the receipt of income” (CP 872), the Court would be required to extend Culliton far beyond its holding and to disregard the Court's extensive excise tax precedents. These precedents are consistent with U.S. Supreme Court jurisprudence addressing similar distinctions between direct taxes on property and excise taxes on acts or transactions.The Washington Constitution does not limit the Legislature's prerogative to devise fair and equitable excise taxes to fund its residents' basic needs in housing, health care and education and to redress past economic and social inequities. The trial court erred in holding that the capital gains excise tax was a prohibited, non-uniform tax on property.
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Languages : en
Pages : 0
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Author: David L. Faigman
Publisher: Macmillan
ISBN: 9780805072747
Category : History
Languages : en
Pages : 440
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"In recent decades, the Court has been confronted more and more by such questions of fact. Today's Court faces a range of issues - affirmative action, gay marriage, the right to die, privacy in a high-tech society, and the place of the word "God" in the Pledge of Allegiance - that all rest to some degree on science. As has been the case over the past two hundred years, many of these battles will come down to the scientific sensibilities of individual justices. To ensure our liberties in posttechnological America, Faigman argues, the Court must embrace science rather than resist it, turning to the lab as well as to precedent."--BOOK JACKET.
