Not quite concurring, Daniel J. Solove at
Concurring Opinions says that, given that the defendant won, the opinion may be seen as liberal.
Not exact matches
Court of Appeals Judge Eugene Pigott issued a separate
opinion in the cases,
concurring with the results but
saying the state's definition of parenthood should properly be set by the legislature.
Challenging the Supreme Court's order at the African Court on Human and People's Rights in Tanzania, the lawyers of Woyome
said: «The contention of the applicant is that following from the earlier
concurring opinion to the decision of the review bench, the court can not be
said to have been impartial.»
A third judge, Pataki appointee Albert Rosenblatt, wrote a
concurring opinion that
said the court would be shirking its duty if it «punted» and left to future cases the determination of the bright line's location — even though that's exactly what it did.
Samuel Casey, an attorney for the plaintiffs,
said in a statement: «We are disappointed by the Court of Appeals decision and, given the reasoning in the two
concurring opinions, we are evaluating whether and on what grounds our clients will be seeking certiorari before the United States Supreme Court.»
Their
concurring in part and dissenting in part
opinion argued: (1) the court should not have reached the issue because: «n reaching the merits of the Section 10 challenge, the court ignores the fact that the Duncan complaint (which raised the Section 10 challenge) was dismissed by the district court for failure to state a claim under NRCP 12 (b)(5);» and (2) the issue is one of first impression, which the justices, in dissent,
said is «not as well - defined and easily resolved as my colleagues suggest,... the proper action here, had a majority of this court not determined that SB 302's funding is unconstitutional, would be to remand this matter to the district court for further proceedings and factual development as to this claim.»
But a comment by Dave Hoffman, contributor to the blog
Concurring Opinions,
says:
While Liptak
says (in fairness, based largely on the quotes of others) that the increasing number of
concurring opinions, including those in cases decided unanimously, tends to add a layer of confusion to the interpretation of the
opinions, Kerr disagrees.
Generally speaking, non-disparagement agreements are enforceable,
says Frank Pasquale at
Concurring Opinions.
And Federal Criminal Appeal
says that close examination of the majority,
concurring and dissenting
opinions reveals «just how big a threat this ruling poses for individuals and how great a boon for law enforcement officers.»
Concurring Opinion's Dan Solove
says no, for two reasons.
Specifically, in his
concurring opinion, Justice Stevens
said, «It is important to observe that the balance Congress has struck turns, in part, on the nature of the state law that is being displaced by a federal rule.»
In his
concurring opinion Lord Justice Longmore
said the Hastings - Bass rule was an example of the law «taking a seriously wrong turn».