Not exact matches
By contrast, the
brief, shared with The New York Times by its drafters,
cites past Supreme
Court rulings dear to conservatives, including the Citizens United decision lifting restrictions on campaign financing, and a Washington, D.C., Second Amendment case that overturned a law barring handgun ownership.
In urging judges to think like scientists, the
Court cited the AAAS / NAS
brief to the effect that «Science is not an encyclopedic body of knowledge about the universe.
Ogle says he suspects that the friend - of - the -
court brief that Stanford University sent on Proctor's behalf helped sway the Florida
court, because the decision
cited arguments from the
brief (though not the
brief itself by name).
I wonder if the United States
Court Of Appeals For The District Of Columbia Circuit and the Virginia Bar Association have noticed that Virginia's Attorney General Cuccinelli's
brief against the EPA mischaracterizes the allegations of one of his his «
cited» sources — Andrei Illarionov's Russian Institute for Economic Analysis (IEA)-- as
cited in RIA Novosti (12-16-09) via the Russian business daily Kommersant.
If you do
cite authority in your motion or
brief, you can save it from winning by making sure the only authority you
cite is not binding on the
court.
In the advanced civil litigation course, students
Cite Check and Shepardize an actual
brief and format it for filing in federal
court.
The Virginia
Court of Appeals ruled that husband had waived his argument that the circuit court erred in ruling that Husband's adultery was the primary cause of the dissolution of the marriage because Husband failed to cite legal authority in support of his argument in his appellate opening brief as required by Rule 5A: 20 of the Rules of the Supreme Court of Virg
Court of Appeals ruled that husband had waived his argument that the circuit
court erred in ruling that Husband's adultery was the primary cause of the dissolution of the marriage because Husband failed to cite legal authority in support of his argument in his appellate opening brief as required by Rule 5A: 20 of the Rules of the Supreme Court of Virg
court erred in ruling that Husband's adultery was the primary cause of the dissolution of the marriage because Husband failed to
cite legal authority in support of his argument in his appellate opening
brief as required by Rule 5A: 20 of the Rules of the Supreme
Court of Virg
Court of Virginia.
Even though the case law Samsung
cites gives Judge Koh more than enough ammunition to at least stay the case, Samsung's lawyers also present an argument that would enable the district
court to reject Apple's demand for premature enforcement even if the
court interpreted the Federal Circuit's mandate the way Apple proposes: «Manifest injustice would warrant deviation from a decision rejecting, without
briefing, collateral estoppel or a stay»
Explicitly
citing the Innocence Network
Brief, the
Court held that Oregon's previous standard for the admissibility of eyewitness identifications (i.e. the Classen test) was «insufficient to ensure that unreliable evidence will be excluded» (24).
One is that the
Court had in mind the amicus
brief authored by Harvard Law School's Jack Goldsmith, which Justice Kennedy prominently
cited for the proposition that: «No other nation in the world permits its
courts to exercise universal civil jurisdiction over alleged extraterritorial human rights abuses to which the nation has no connection» (emphasis added).
It's true that most
courts would rather
cite to case law than to an amicus
brief or a law review article, but that doesn't mean that legal scholarship doesn't help to shape legal discourse.
Mr. Liskin assisted in drafting an Amicus
Brief to the United States Supreme
Court that was
cited by the majority opinion in a First Amendment case.
Jones v. Flowers, 373 Ark. 213 (Ark. 2008)(established, on remand from a U.S. Supreme
Court victory in a constitutional challenge to state tax foreclosure procedures, that attorney's fees may be recovered under federal civil rights law even when the plaintiff's original complaint did not
cite the federal statute)(
briefed, co-counsel)