If you think this is odd, you are not alone»... one judge referring to the laws as «Alice - in - Wonderland» and the Chief
Justice of the Supreme Court referred to the situation as «bizarre»».
Not exact matches
The
Supreme Court gave a boost to their conviction that secularism is a genuine competing faith in the ruling in the 1961 Torcaso case, in which «Secular Humanism» was identified as a religion, and in
Justice Potter Stewart's dissent in the 1963 Schempp case, which
referred to a refusal to permit religious exercises in schools as not «the realization
of state neutrality, but rather as the establishment
of a religion
of secularism.»
When Americans — whether presidents,
Supreme Court justices or ordinary citizens —
refer to the «wall
of separation» desired by the Founders, they not only perpetuate a historical inaccuracy; they unwittingly revive some
of the most distasteful episodes in American history.
In his ruling, N.Y.
Supreme Court justice Manuel Mendez wrote, «New York State penal law does not
refer to «wagering» or «betting,» rather it states that a person, «risks something
of value.
In the Agyei — Twum Case the
Supreme Court was very clear that the privacy
of impeachment proceedings extends even to the moment the petition is presented to the President and is
referred to the Chief
Justice.
Carr was
referring to the July 2015 decision by Manhattan State
Supreme Court Justice Alice Schlesinger, who ruled in favor
of the Legal Aid Society, which had sought a summary
of the accusations that were lodged against Officer Daniel Pantaleo prior to Garner's death in 2014 and substantiated by the Civilian Complaint Review Board.
Justice Feldman, for the
court, referred to paras 26 - 27 of the Supreme Court of Canada's decision in WIC Radio Ltd. v. Sim
court,
referred to paras 26 - 27
of the
Supreme Court of Canada's decision in WIC Radio Ltd. v. Sim
Court of Canada's decision in WIC Radio Ltd. v. Simpson,
Certain commentators in the media have picked up on the possibility that the
Supreme Court could
refer (certain aspects
of) the case to the
Court of Justice of the European Union (CJEU).
The analysis
of the opinions from the 2006 — 2008
Supreme -
Court terms
referred to above showed that certain U.S.
Supreme Court Justices use these methods.
In «
Justices Turning More Frequently to Dictionary, and Not Just for Big Words,» Adam Liptak wrote about the considerable frequency with which U.S.
Supreme Court Justices refer to dictionary definitions in their opinions, much to the concern — not to say derision —
of linguists and lexicologists.
He
refers to her «nimble feat
of jujitsu» as
Justice Ginsburg manipulated a
Supreme Court defeat into a legislative victory.
Furthermore, as predicted in the previous post on revocation, at paragraph 36 the UK
Supreme Court proceeds on the assumption
of the irreversibility
of notice under Article 50 TEU once it is given, and did not
refer the question to the
Court of Justice through the preliminary reference procedure
of Article 267 TFEU.
In the present proceedings in (R) Miller, I would argue that the UK
Supreme Court is not under an obligation to
refer the question
of the revocability
of a notice under Article 50 TEU to the
Court of Justice of the European Union.
Four
of the
Supreme Court's decisions
referred questions to what we must now call the
Court of Justice of the European Union.
The case raises important issues
of principle
of EU and pensions law, which the
Supreme Court has
referred to the
Court of Justice of the European Union.
Therefore, according to the ECJ, the national
supreme court «might decide to refrain from making a reference to the Court and resolve the question raised before it on its own» and it is not required «to wait until the Court of Justice has given an answer to the question referred for a preliminary ruling by the lower court» (paragraph
court «might decide to refrain from making a reference to the
Court and resolve the question raised before it on its own» and it is not required «to wait until the Court of Justice has given an answer to the question referred for a preliminary ruling by the lower court» (paragraph
Court and resolve the question raised before it on its own» and it is not required «to wait until the
Court of Justice has given an answer to the question referred for a preliminary ruling by the lower court» (paragraph
Court of Justice has given an answer to the question
referred for a preliminary ruling by the lower
court» (paragraph
court» (paragraph 61).
Authorizes the Chief
Justice of the
Supreme Court to appoint magistrates (rather than referees) in civil actions in the
Court of Claims and authorizes a magistrate to disclose or
refer to certain records or reports otherwise exempt from public disclosure in reparations hearings.
On April 13, 2018 the
Supreme Court of Lithuania (SCoL) decided to stay proceedings and
refer a question for preliminary ruling to the
Court of Justice of the European Union (CJEU) in a case that raises new questions related to the in - house exemption (civil case No.
Cross-posted to Library Boy where I
refer to other findings by Alarie and Green that show that
Supreme Court of Canada
justices who served from 1982 - 2004 do not appear to have been particularly ideologically driven, especially in comparison with their colleagues on the U.S.
Supreme Court.
I am not
referring to the weather; the frost I am talking about would come from the chilly reception Obama might feel from at least two
justices of the
Supreme Court.
Within six weeks
of the creation
of what Lennox has often
referred to as «the modern Ontario
Court of Justice», the
Supreme Court of Canada, in its October 1980 Askov decision, changed the nature
of judicial administration within the province.
In December last year the
Supreme Court referred to the
Court of Justice of the EU, Edwards, a case about the English costs regime, and whether it complies with the Aarhus convention.
It has been more than 15 years since former
Supreme Court Justice David Souter
referred to asbestos litigation as an «elephantine mass,» the most massive
of mass torts in America for decades.
In its preliminary ruling given on September 9th 2015 pursuant to a reference by the
Court of First Instance, Lisbon (Varas Civeis de Lisboa)[1] the
Court of Justice of the European Union (CJEU) elaborated on the notion
of» transfer
of a business» in light
of Directive 2001/23 and in that respect also dwelled on the obligation
of the Portuguese
Supreme Court to
refer the question to the CJEU for a preliminary ruling.
It is surely no coincidence that to demonstrate the importance
of universal access to
justice to democratic process, the
Supreme Court here
refers to «
courts» as a whole.
The Federal Minister
of Justice announced earlier this year that she intends to
refer the Act to the
Supreme Court of Canada over its constitutionality.
They
referred to two works
of Argentine lawyer, Eugenio Raúl Zaffaroni, who currently sits on the
Supreme Court of Justice.
Mostly, the right
of access to
courts (which the parties tended to
refer to as access to
justice, although — as the provinces pointed out — access to
justice involves many different things) was said to flow from the constitutional principle
of the Rule
of Law, which the
Supreme Court has long recognized, albeit giving it a very narrow meaning.
This dicta by the
Supreme Court in Hardesty did not discuss the effect
of SCR 4.020 (1)(d) which gives the Judicial Conduct Commission «the authority to
refer any judge
of the
Court of Justice who, after notice and hearing is found by the Commission to be guilty
of misconduct, to the KBA for possible suspension or disbarment from the practice
of law.»
«In relation to the considerations that serve to distinguish a policy decision from the operational decision, I continue to think that the four considerations
referred to by Madam
Justice McLachlin, as the trial judge in Just, are helpful and are unaffected by the decision
of the
Supreme Court of Canada in that case.
Chief
Justice Strathy
referred to passages in the
Supreme Court's decision
of Masterpiece Inc. v. Alavida Lifestyles Inc. and the
Court of Appeal's decision in Johnson v. Milton (Town), which emphasized the role
of the judge as gatekeeper
of unnecessary information.
Justice Howden
referred to the
Supreme Court of Canada decision in Nova Scotia (Workers» Compensation Board) v. Martin; Nova Scotia (Workers» Compensation Board) v. Laseur, [2003] 2 S.C.R. 504, 2003 SCC 54 (CanLII):
In addition to relying on Hong Kong authority, importantly,
Justice Ng also relied on the Australian authority
of Trkulja v Google Inc. (No. 5)(hereinafter
referred to as Trkulja), in which
Justice David Beach
of the
Supreme Court of Victoria held that there was sufficient evidence upon which a reasonable jury, if properly directed, could return a verdict for the plaintiff and hold Google to be liable for defamation for its search results under orthodox common law principles.
Convincing as that reasoning may have been to
Justice Ng
of the Hong Kong
court, she did not have the benefit of the more recent decision in Bleyer v Google Inc (hereinafter referred to as Bleyer) delivered by the Supreme Court of New South Wales in Austr
court, she did not have the benefit
of the more recent decision in Bleyer v Google Inc (hereinafter
referred to as Bleyer) delivered by the
Supreme Court of New South Wales in Austr
Court of New South Wales in Australia.