Sentences with phrase «as concurring opinions»
Earlier this week, The Volokh Conspiracy observed here that it is quite «common for legal blogs to use some legal phrase as their title, such as Concurring Opinions, Res Ipsa Loquitur,» and posed an amusing question to its readers:
http://legalblogwatch.typepad.com/ Not exact matches
As a judge in the Tenth Circuit Court of Appeals, Gorsuch wrote a concurring opinion supporting Hobby Lobby's contraception mandate exemption — a ruling ultimately upheld by the Supreme Court.
As Harlan argued in his concurring opinion in Welsh, however:
Justice Breyer, in a Concurring Opinion in Joiner, cited AAAS as an appropriate organization to fill this role.
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.»
And, while interested observers may be equally as divided in their opinion of the settlement, most should concur that it amounts to a step (or nudge) in the right direction.
Kevin O'Keefe of Lex Blog reports in this post (based on a tip from Concurring Opinions) that many law schools, such as University of Illinois, are featuring their marquee bloggers prominently on law school Web sites.
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.
And even more interesting, Steph Tai at Concurring Opinions ponders how the Carhart Court's willingness to defer to Congressional findings to resolve scientific uncertainty might apply in other cases such as those involving global warming, where scientific and legal findings are intermingled.
«Insofar as systems like RECAP help keep government more open and prevent the expunging of records, that is perhaps an unexpected bonus feature to the transparency project,» wrote Deven Desai at Concurring Opinions.
In the 1980 Term, for example, when most Members of the Court wrote twice as many concurring and dissenting opinions as opinions for the Court, Justice Stevens wrote almost four times as many separate opinions as he wrote opinions for the Court.
Although the majority based their conclusion on his right to peaceful enjoyment of possessions, the partially concurring and dissenting opinions and the judgment as a whole provide an interesting insight into the way freedom of conscience challenges are to be approached in a secular society where religion holds less sway than individual ethical positions on certain issues.
In other words, as the concurring Justices understand the opinion, Rothgery's Sixth Amendment rights attached when he appeared before the magistrate, but the state was only required to provide counsel to the extent necessary to guarantee Rothgery effective assistance at trial.
Dan Solove of Concurring Opinions opines that AP's policy is likely counterproductive and that it's unlikely that AP ever experienced any harm as a result of bloggers excerpting content.
Not quite concurring, Daniel J. Solove at Concurring Opinions says that, given that the defendant won, the opinion may be seen aconcurring, Daniel J. Solove at Concurring Opinions says that, given that the defendant won, the opinion may be seen aConcurring Opinions says that, given that the defendant won, the opinion may be seen as liberal.
In my opinion it is stated briefly and accurately in the following passage in the judgment of Aylesworth J.A., concurred in by Robertson C.J.O., in Woodward v. Harris, [1951] O.W.N. 221 at p. 223: «Authority is not required in support of the principle that a driver entering an intersection, even although he has the right of way, is bound to act so as to avoid a collision if reasonable care on his part will prevent it.
Thanks to our tax dollars, future generations of Americans will be assured the opportunity to revisit posts from blogs such as The Volokh Conspiracy, Overlawyered, Slaw, SCOTUSblog, Concurring Opinions and Patently - O.
As Denniston notes, both the majority and concurring opinions suggested that «there remain other potential state constitutional challenges to the measure.»
As Chief Justice Michael Black noted in his concurring opinion,
But, as Judge Gruender noted in his concurring opinion, the question is not whether the Tax Court made the determination; Judge Gruender argued that the Tax Court did in fact make a determination that the partners» outside basis in the partnership was zero, but that this determination must be «determined at the partner level.»
As Justice Stevens stated in his concurring opinion in Glucksberg, «[t] he State has an interest in preserving and fostering the benefits that every human being may provide to the community — a community that thrives on the exchange of ideas, expressions of affection, shared memories, and humorous incidents, as well as on the material contributions that its members create and supporAs Justice Stevens stated in his concurring opinion in Glucksberg, «[t] he State has an interest in preserving and fostering the benefits that every human being may provide to the community — a community that thrives on the exchange of ideas, expressions of affection, shared memories, and humorous incidents, as well as on the material contributions that its members create and supporas well as on the material contributions that its members create and supporas on the material contributions that its members create and support.
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 Bar Exam as a Theory of Law from Concurring Opinions Just in time for Bar Exam season, I have posted my short book review of the Bar Exam: The Multistate Bar Exam as a Theory of Law, 104 Michigan L. Rev. 1403 (2006).
Thus far we have had 220 comments, as well as links from fellow blawgers such as Truth on the Market, the Volokh Conspiracy, Opinio Juris, Environmental Law Prof Blog, PropertyProf Blog, Workplace Prof Blog, Tax Prof Blog, Trial Ad Notes, Wills, Trusts & Estates Prof Blog, Fire of Genius, Patently - O, Unincorporated Business Law Prof Blog, CrimProf Blog, Concurring Opinions, Heafey Headnotes, Legal Research and Writing, the Legal Ethics Forum, and the Legal Profession Blog.
«Looking at the opinions the individual judges wrote last year (as distinct from judgments they simply signed on to without comment) Chief Justice McLachlin and Justice Charron were the most solid majoritarians in the sense that they did the least concurring and dissenting, both wrote a total of nine majority or unanimous opinions, and Justice Charron wrote more unanimous judgments than anyone else — five.»
Leading law professor blogger, Dan Solove, an Associate Professor of Law at George Washington University and publisher of Concurring Opinions, announced today that Washington & Lee Law School Professor Melissa Waters is «joining us as a permablogger.»
A concurring opinion expressed the view that the Court's opinion written by Chief Justice Stone, rooted as it was in the Cooley principle, «let commerce struggle for Congressional action to
from Concurring Opinions Over at the new and very engaging blog, LawCulture, Rosa Brooks writes: As a junior professor, I dutifully churned out law review articles to fill my tenure file.
«As a result, there may be a lot of concurring opinions and dissents.»
She also wrote 22 concurring opinions and 21 dissents as an appellate judge.
The Author's Guild and the AAP sued — a post mortem on the now - defunct settlement proposal as a look toward a new proposal was performed by Matthew Sag at Concurring Opinions.
Visitors to the Law Library of Congress and other law libraries can also use legal research databases such as Lexis Advance and Westlaw to perform more targeted searching for majority opinions by Judge Gorsuch, as well as his concurring and dissenting opinions.
In the PCIJ advisory opinion on Railway Traffic between Lithuania and Poland, the two states had concurred in accepting a recommendation to «enter into direct negotiations as soon as possible» so as to establish «the good understanding between nations upon which peace depends» — theoretically a «result» obligation, but perhaps so broadly worded that it is dubious whether it could be enforceable.
Justice Kennedy added a concurring opinion in which he joined the Court's opinion in full, but also took the opportunity express his concern about the broad scope of the definition of regulated «waters of the United States,» as applied by the Government.