Sentences with phrase «jurisprudence justice»

Joinder Joint Custody Joint Legal Custody Joint Petition Joint Physical Custody Joint Property Joint Tenancy Judgment Judgment of Divorce Judgment Nisi Judicial Foreclosure Jurat Jurisdiction Jurisprudence Justice System

Joinder Joint Custody Joint Legal Custody Joint Petition Joint Physical Custody Joint Property Joint Tenancy Judgment Judgment of Divorce Judgment Nisi Judicial Foreclosure Jurat Jurisdiction Jurisprudence Justice System

In the jurisprudence Justice O'Connor has seemingly created, judges can validate laws by characterizing them as «preserving the traditions of society» (good); or invalidate them by characterizing them as «expressing moral disapproval» (bad).

Not exact matches

In bold and sweeping Reasons for Judgment on behalf of a 5 - 2 majority, Justice Rosalie Abella overturned the Court's previous jurisprudence and recognized a constitutionally protected right to strike under section 2 (d) of the Canadian Charter of Rights and Freedoms.

Rather than attacking constitutional «originalism» and its highest - profile proponent - Justice Antonin Scalia - by name, Souter aimed his jabs at what he called the «fair reading model» of constitutional jurisprudence.

The late Justice William J. Brennan, Jr. was apotheosized at his death by the New York Times for the rich legacy the Times deemed he had conferred on American jurisprudence.

The «Robber Barons» were no robbers and their greed was exaggerated, natural right - grounded classic liberals rejected Social Darwinism, and men like Justice Peckham who «discovered» and defended the liberty of contract were good men attuned to what might plausibly be derived from a natural development of American jurisprudence.

(It is curious that Arthur does not extend his denunciation to Justices Holmes and Black, for they, like Bork, would also be loath to engage in a jurisprudence grounded in abstract, non-textual claims of natural rights.

Even in those structures of justice aiming to be completely impartial — the apprehension of lawbreakers and the affixing of penalties for crime — the best jurisprudence takes into account the maturity and the motive of the offender and the possibilities of remedial as well as of punitive treatment.

Ironically, the «original intent» of the Framers, the hallmark of recent conservative jurisprudence, still has no more passionate advocates than secular liberals who (like Justices Black and Douglas before them) look to Jefferson and Madison to support their own separationist preferences.

Standing at the threshold, Justice O'Connor suddenly seemed to see how her life would be taken up in the years ahead if she and her colleagues opened up a whole new branch of jurisprudence, which could run beyond their wit and flood their docket with all manner of new cases stretching the imagination.

The conservative justices fall back on this well - worn staple of conservative jurisprudence: that the «right» here can not be found in the text of the Constitution or in any «tradition» marked in the accumulation of cases over the years; and so the Constitution itself can not be the source of any such right that the judges have the authority to pronounce.

At the end, though, Delahunty offers some observations on Justice Scalia's contributions to the jurisprudence of the religion clauses.

Justice Antonin Scalia declares in Stenberg v. Carhart that he is «optimistic enough to believe» that the decision constitutionally protecting partial «birth abortion will «one day... be assigned its rightful place in the history of this Court's jurisprudence beside Korematsu [validating internment of Japanese «Americans during World War II] and Dred Scott [holding white supremacy and racial slavery as fundamental tenets of American constitutionalism].»

The justices on the current Court will do the real work of jurisprudence if they draw on the briefs, take the time to set forth the evidence, and show why the state or the federal government has a compelling case for casting around infants in the womb the full protection of the law.

But whether or not the dissent, cast in those terms, would have caused Stewart or other justices to peel away from the majority; whether or not it would have made any difference to the outcome of that case; it would have made the most profound difference for the coherence of conservative jurisprudence.

It is not surprising that abortion extremists have blasted the justice for «selling out the sisterhood» and for being «just a good Catholic girl» who «put her religion ahead of her jurisprudence.»

I'm coming to this late, but this essay by Zephyr Teachout, former Howard Dean campaign internet director and Fordham Law School professor, on what Chief Justice John Roberts gets wrong about the meaning of corruption and a quid pro quo in American jurisprudence, is a must - read.

Since then, President Akufo - Addo stressed that Justice Sophia Akuffo «has been one of the leading lights of the Court, and her contribution to the Court's work and the growth of our nation's jurisprudence has been extensive.»

Justice Antonin Scalia was a staunch proponent of «originalism» in constitutional jurisprudence, an approach to deciding cases based on constitutional text as it was originally understood by its authors.

She teaches defamation and privacy, employment discrimination, gender and justice, jurisprudence and torts, and is the co-adviser to the UMKC Law Review.

In the light of this case law, the García - Nieto judgment not only confirms the Dano — Alimanovic line of jurisprudence, but also adds another dimension to the realization that the heyday of a justice - driven EU social citizenship is behind us.

Garnett's critique was followed by that of former Chicago law student Jan Crawford Greenburg, legal correspondent for ABC News, who, in a single post, pairs Geoffrey Stone with Rosie O'Donnell and blasts them both for linking justices» Catholicism to their jurisprudence.

University of La Verne College of Law -1991 - Juris Doctor University of Redlands -1986 - B.S.B.A. National Achievement Award 2008 Best in Category County of Los Angeles Criminal Justice and Public Safety American Jurisprudence Award in Real Property and Criminal Law.

To determine the meaning of «appropriate», Justice Perell thoroughly reviewed the jurisprudence interpreting this postponement provision.

On the former point he agreed with the conclusion of Mr Justice Munby in Marinos v Marinos [2007] EWHC 2047 (Fam), [2007] 2 FLR 1018 (plus European Court of Justice jurisprudence is relevant and this recognises that habitual residence can be gained in a day).

If the Court of Justice were to follow this assessment, might the Iran sanctions jurisprudence also fall?

Upon his review of the jurisprudence, Justice Perell concluded that the «appropriateness» analysis must accord with the policies behind limitation periods, which include three purposes:

On the former point he agrees with the conclusion of Mr Justice Munby in Marinos v Marinos [2007] EWHC 2047 (Fam), [2007] 2 FLR 1018 (plus European Court of Justice jurisprudence is relevant and this recognises that habitual residence can be gained in a day).

John is the founding director of the Center for Constitutional Jurisprudence, former law clerk for Justice Clarence Thomas, and has served as the director of congressional and public affairs at the U.S. Commission on Civil Rights during the Reagan administration.

It certainly served to enrich the jurisprudence of both Justice Mordens.

«Justice Scalia has been, in many ways, an ornament to the Court — pressing a more consistent, less political version of «originalism» than the openly partisan Robert Bork, building a jurisprudence that while I vigorously disagree with, I can respect.

In the annals of First Amendment jurisprudence, the Supreme Court's 1927 opinion Whitney v. California is known for its concurrence by Justice Louis Brandeis in which he wrote an eloquent defense of free speech while joining in a decision against it.

But, as evidenced by rulings like Cunningham, Justice Breyer has limited ability to prevent — and perhaps limited interest in preventing — the Court's Sixth Amendment jurisprudence from knocking down other structured sentencing reforms.

I've really enjoyed reading the many and varied perspectives on Justice Stevens» jurisprudence and his impact on the Court.

If indeed our our Supreme Court is more influential in foreign jurisprudence than its U.S. counterpart, it is flattering to think that this is a result of greater merit — as Justice Ginsberg seems to imply — but hard not to think that our participation in Commonwealth jurisprudence hasn't at least as much to do with it.

One reason I like this commentary so much is because it spotlights, as I have in recent posts here and here and here, that Justice O'Connor's replacement could possibly have a profound and surprising impact on the Supreme Court's criminal justice jurisprJustice O'Connor's replacement could possibly have a profound and surprising impact on the Supreme Court's criminal justice jurisprjustice jurisprudence.

Especially in light of some of the interesting capital sentencing histories of «short - listers» like Alberto Gonzales and Edith Jones, it will be interesting to see if capital sentencing jurisprudence might become a significant part of the public debate after President Bush nominates a replacement for Justice O'Connor.

The insights developed by Professor Myers reinforce some points I have made here and here and here that a new Justice replacing the «centrist» Justice O'Connor could have an interesting and perhaps unexpected impact on the Supreme Court's still developing sentencing jurisprudence.

Justice Campbell rejected the University's position that the dispute was essentially about compensation, and relied on the previous jurisprudence on point.

Justice Manderscheid canvasses Dunsmuir and earlier Alberta cases concerning the standard of review applicable to FOIP decisions, and based on this jurisprudence he rules the standard of review applicable to the Commissioner's decisions is the deferential reasonableness standard (at paras 26 — 40).

This includes appellate court advocacy and practice, principles of appellate justice, appellate court jurisprudence on current issues, and legislative developments affecting the courts.

«This timing of Justice O'Connor's retirement provides an unusual opportunity to isolate the effect of the appointment of Justice Alito on the Court's jurisprudence.»

In the latest episode of the legal - affairs podcast Lawyer 2 Lawyer, we look at the career, the jurisprudence and the legacy of Justice Antonin Scalia.

Criminal Trial Rules in Provincial Courts in Canada — Justice Rick Libman Contents Detailed annotation of the Rules by Province Rules of Professional Conduct Digest of relevant judgments Cross referencing Practice Directions Up - to - date jurisprudence Charts Summaries Checklists

MR JUSTICE EADY: There was a considerable body of jurisprudence in Strasbourg and elsewhere which recognised that sexual activity engaged the rights protected by Art 8 (see Dudgeon v UK (1981) 4 EHRR 149).

If they would not give evidence, dangerous criminals would walk free and both society and the administration of justice would suffer; (ii) it was settled law that the paramount object had always been to do justice and that if, in order to do justice, some adaptation of ordinary procedure was called for, it should be made, so long as the overall fairness of the trial was not compromised; (iii) recent case law supported the adoption of protective measures; (iv) the Strasbourg jurisprudence, properly understood, did not condemn the use of protective measures; and (v) the defendant was protected from the risk of unfairness by the prosecutor's duty of disclosure.

The Legal Affairs & Justice Unit is primarily responsible for providing legal advice and support to all areas of the Assembly of First Nations to ensure that the organization's activities are conducted in accordance with the AFN Charter, governing policies and relevant jurisprudence.

Consequently, Justice Brown did not interpret the binding jurisprudence as permitting the Court of Appeal to interfere with the Tribunal's decision simply because it considered Charter values in the course of determining whether the Respondents» conduct violated section 5 (1) of the Code.

The Court of Appeal's analysis on horizontal effect was based on the recent progression of the fundamental rights jurisprudence of the Court of Justice of the European Union.