This Article offers a new understanding of the dynamic between the Supreme Court and Congress. It responds to an important literature that for several decades has misunderstood interbranch relations as continually fraught with antagonism and distrust. This unfriendly dynamic, many have argued, is evidenced by repeated congressional overrides of Supreme Court cases. While this claim is true in s...

Empirical studies of judicial decision-making tend to focus on explaining why individual judges often come to different conclusions. The dominant understanding of decision-making on the U.S. Supreme Court is the ideologically based policy preferences of the justices, with related studies showing that American justices often make strategic choices to ensure the Court’s decisions reflect their pr...

In June 2005, the U.S. Supreme Court issued the decision in Metro-Goldwyn-Mayer Studios v. Grokster Ltd., a case that asked whether peer-to-peer networks may be held liable for facilitating the illegal distribution of music over the internet. The music industry petitioned the Supreme Court to settle the disagreement between the circuit courts over the standard of liability for aiding in copyrig...

Many oral and maxillofacial surgeons discussed and provided supplementary materials in the Social Networking Service. After the Supreme Court hearings, supplementary data was requested by the court, and many oral and maxillofacial surgeons submitted data. This yielded an excellent outcome. The efforts of the oral and maxillofacial surgeon were undoubtedly get praised in this trial. Because this...

FOLLOWING THE U.S. SUPREME COURT’S 2015 DECISION IN REED V. TOWN OF GILBERT, ARIZONA. In Reed, all nine Supreme Court justices agreed that the Town of Gilbert’s sign code violated the guarantee of freedom of speech in the First Amendment, although the justices arrived at that conclusion in different ways. As this article will discuss, the Court’s opinion in Reed focused on the appropriate meani...

Recently, a series of lawsuits were filed in Korea claiming tort liability against tobacco companies. The Supreme Court has already issued decisions in some cases, while others are still pending. The primary issue in these cases is whether the epidemiological evidence submitted by the plaintiffs clearly proves the causal relationship between smoking and disease as required by civil law. Proving...

In the case of Beal v. Doe, decided in 1977, the US Supreme Court ruled that states could constitutionally restrict money from Medicaid from funding elective abortions. After the 1973 case Roe v. Wade [2], in which the US Supreme Court had ruled that women have rights to terminate pregnancies within the first trimester [3], the state of Pennsylvania passed legislation that restricted the use of...

In 2011, the United States Supreme Court in Sorrell v. IMS Health Inc. struck down a Vermont law that would restrict the ability of pharmaceutical companies to purchase certain physician-identifiable prescription data without the consent of the prescriber. The law's stated purpose was threefold: to protect the privacy of medical information, to protect the public health and to contain healthcar...

M GM’s media blitz has given the impression that the entertainment industry won an overwhelming and broad victory against peer-to-peer (P2P) file sharing and file-sharing technologies when the Supreme Court announced its decision in the MGM v. Grokster at the end of June. MGM can, of course, point to the 9-0 vote that vacated the Ninth Circuit Court of Appeals’ decision that Grokster could not ...

Good-government reform proposals like those offered by Professors Craig Lerner and Nelson Lund generally confront several difficulties. Details matter, but most reform proposals are understandably sketchy.1 The details ordinarily would be fleshed out as the proposal works its way through the process of enactment, but this process is difficult to navigate. The politics of good-government reforms...