Sentences with phrase «concurring opinions with»

JUSTICE STEVENS begins his concurring opinion with the startling observation that the Commerce Clause «was the Framers» response to the central problem that gave rise to the Constitution itself.»

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.

I concur with you strictly in your opinion of the comparative merits of atheism and demonism, and really see nothing but the latter in the being worshipped by many who think themselves Christians.

That is an opinion with which Dr. Ramsay, among others, readily concurs.

Judge Malinverni, whose concurring judgment you quote, is actually disagreeing with the majority opinion on exactly the point at issue here.

With a 5/4 split between concurring and dissenting opinions, you would need for Kennedy, Roberts, Scalia, Alito, or Thomas to leave the bench.

Justice Samuel Alito delivered an opinion that concurred in part and dissented in part with the majority opinion.

On Oct. 1, the state Democratic Party's lawyer wrote to the Federal Election Commission seeking a legal opinion concurring with its contention that it could legally spend the federal campaign funds to help Malloy.

While the other two judges concurred with the opinion, however, they did so for different reasons.

Then Gorsuch issued an opinion concurring with his own majority opinion (a nifty move I may emulate sometime), calling out the «elephant in the room,» namely, the Chevron doctrine.

If you drive in the UK at all, you would concur with the majority opinion that driving a manual car in UK traffic sucks goatnuts.

Tolle took the matter to the Supreme Court, which concurred with the lower court's ruling and issued its own opinion in early 1973.

It was truly enjoyable to read a Phrynne set in Sydney, especially at my old Alma Mater, the University of Sydney, and I wholly concur with Brazell's opinion of missionaries.

I haven't seen enough of BioShock Infinite to form a strong opinion on the game itself, but I certainly concur with Levine's direction for the franchise.

The Museum's name, logos or symbols, or photographs of the Museum and grounds or its collections must not be used to assert or imply the Clyfford Still Museum endorses any commercial product or enterprise, concurs with the opinions expressed in, or confirms the accuracy of any text used with these photographs.

Still, my opinion strongly concurs with the prevailing discussion, which brings us back to 1991 again and the exchange of ideas about the Master Narrative, Gender Politics, Hillary Clinton, and the Gorilla Girls.

This also goes against the idea of scientists» opinions being entirely based on objective analysis of the evidence, and concurs with previous studies that have shown scientists» opinions on topics to vary along with their political orientation,» writes survey author Neil Stenhouse of George Mason University.

This also goes against the idea of scientists» opinions being entirely based on objective analysis of the evidence and concurs with previous studies that have shown scientists» opinions on topics to vary along with their political orientation (Nisbet 2011; Rosenberg et al. 2010).

I concur with the observation that the opinion is less than clear as to whether there are Section 1983 claims separate and apart from the IDEA claims; the majority's bare reference to claims that the policy was «unconstitutional» don't shed much light.

Usually, the menu of options for an appellate judge participating in an opinion is limited: You either write the opinion, concur with it, dissent from it, or concur in part and dissent in part.

Other justices may join the majority opinion, write a dissenting opinion if they disagree, or write a concurring opinion if they agree with the outcome but use different reasoning to get there.

Judge Pieper concurred in Judge Konduros» opinion but wrote separately to express his view that the decision whether to ask the jurors to consider a lesser - included offense «is a strategic decision to be made ultimately by trial counsel after consultation with the defendant.»

And, finally, it can not be ignored that Canada's outgoing Chief Justice Beverley McLachlin issued a strong dissenting opinion in this case (with which incoming Chief Justice Wagner and Justice Côté concurred) that would have dismissed the action against Deloitte in its entirety.

I can tell you from a clerk's perspective that, if the only thing a party can come up with to support its position is a concurring opinion, he's starting out in a hole.

In the concurring opinion, Justice Patience Roggensack, joined by Justices David T. Prosser, Jr., Annette Kingsland Ziegler and Michael J. Gableman, responded that the rule changes comport with the Wisconsin Constitution, U.S. Constitution and recent case law.

If you're not familiar with WordRake, see my reviews of version 1.0, in which I tested its ability improve the writing of Justices Scalia and Kagan, and version 2.0, in which I tested it against the plurality, concurring and dissenting opinions in McCutcheon v. Federal Election Commission.

Another example of prosecutors taking liberty with the facts came in a concurring opinion by Judge Kozinski, where a prosecutor tried to mislead the court about facts to support sentencing enhancement.

The vote was 9 - 0 with Justice Breyer writing the majority opinion and Justice Alito adding a concurring opinon in which Roberts and Scalia joined.

The opinion is authored by Presiding Justice McConnell, with Justices Huffman and McIntyre, concurring.

At Concurring Opinions, Frank Pasquale suggests that perhaps, large firm lawyers» are afflicted with a bit of the «grass is greener» syndrome.

Nevertheless, the minority opinion, which provided much of the analysis on this issue, and with which the majority opinion concurred, went on to analyse the reasonableness of the monetary amount.

CCD / CACL concur with Professor Montero's conclusion that an a posteriori control system, vague criteria in the hands of physicians with a wide range of opinion on AS / E [54] and a social ethos or philosophy based on autonomy prevailing over all other considerations mean it is «illusory to think [AS / E] can... be narrowly circumscribed.»

The District of Columbia Court of Appeals, en banc., heard the question, Plaintiffs» appeal, and adopted the Rule 702 standards unanimously, with Judge Easterly providing a concurring opinion.

If, after consultation with other panel members, a judge decides to prepare a separate concurring or dissenting opinion, any such separate opinion shall be circulated within twenty - eight (28) days of the date of circulation of the original opinion.

Those judges shall review the circulated opinion within fourteen (14) days and respond to the authoring judge with comments, suggestions, questions, or intent to concur or dissent.

Acting Presiding Justice Robert L. Dondero delivered the opinion, with Justice Kathleen M. Banke and Judge Diana Becton (sitting by assignment) concurring.

Since the ban has raised issues of paternalism, obesity, the «nanny» state, agency creativity, over-regulation, poverty, and race, there has understandably a huge kerfluffle, with the New York Times, the Huffington Post, Rick Hills and Ethan Leib at Prawfs, Aaron Saiger at Concurring Opinions, and Mark Bittman all weighing in.

The notion of employing a presumption of deference to simplify standard of review analysis was suggested by Justice Binnie in his concurring opinion in Dunsmuir v New Brunswick, 2008 SCC 9 (CanLII)(at para 146), however the majority of the Supreme Court in Dunsmuir did not concur with him.

I also observed the concerns set out by a string of concurring opinions in the Supreme Court of Canada which caution against a blanket presumption of deference towards statutory interpretation by administrative tribunals of their home legislation and assert the need for deference to rest on a more principled foundation like demonstrated expertise or familiarity of the tribunal with that legislation.

In a concurring opinion, the second judge in the majority lamented that the «disagreement over the outcome of this relatively simple case has morphed into a debate over the propriety of appellate courts supplementing the record with Internet research.»

While countless others have already made many interesting points about this attorney misconduct (see, e.g., Concurring Opinions here and here, OrinKerr.com, and Scoplaw), I want to raise it now in connection with the fact that the faculty at GW law are convinced their students are completely untrustworthy cheaters.

I concur with Apple's opinion on the ITC's position:

In a separate opinion, justices Michael Moldaver and Andromache Karakatsanis concurred with the result, but declined to decide whether seizure of the text messages constituted an «intercept» under the Part VI provisions.

Dan Solove, Deven Desai and David Hoffman of Concurring Opinions landed an interview with Battlestar Galactica creators Ron Moore and David Eick.

Justice Thomas authored an opinion concurring with the main opinion but dissented on the upholding of the disclaimer and disclosure rules.

One judge wrote a concurring opinion, agreeing with the majority's result that the Challengers had agreed to arbitrate disputes and Lane was third party beneficiary to that agreement.

Any Director not concurring with the decision of the other Directors shall be entitled to file a dissenting opinion which will be provided to the parties and to the Hearing Panel.

Other women concurred with these opinions, adding that given women's general knowledge about wine, and the fact that Barolo is such an important wine, everyone must try it sometime.