Sentences with phrase «by judicial opinion»

More typical is a definition and description by judicial opinion like that in United States v. United Shoe Machine Corp..

Not exact matches

He said: «I have being maligned and convicted in the court of public opinion by my traducers against the usual judicial process through court trials.»

A panel from the Second Judicial Department of the state Supreme Court's Appellate Division released the opinion Thursday, upholding the challenge brought by state Sen. Dean Skelos (R - Rockville Centre) against Paterson after the governor appointed Ravitch, a long - time government adviser, to the position last month.

«In 2012 alone over 250 judicial opinions — more than double the number in 2007 — cited defendants arguing in some form or another that their «brains made them do it,»» according to an analysis by Nita Farahany, a law professor and director of Duke University's Initiative for Science and Society.

Between 2005 and 2012, more than 1585 U.S. published judicial opinions describe the use of neurobiological evidence by criminal defendants to shore up their defense, according to a study published last week in the Journal of Law and the Biosciences by legal scholar Nita Farahany of Duke University in Durham, North Carolina, and colleagues.

By combing through tens of thousands of published judicial opinions with the help of 17 law students and three undergraduates, using search terms such as «brain disorder,» «biological,» and «CT scan,» however, Farahany's team found that use of such evidence is growing for a wide range of violations including robbery, fraud, and drug possession.

Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

Lawyer does not owe / 10.35 of Circular 230 was amended to require opinions to «relate the applicable law (including potentially applicable judicial doctrines) to the / top ten most influential people in the sphere of global taxation for three years in a row by the /

I urge you to buy the book, not so much because I need the money for my end of the case (which I do) but because when a sclerotic and dysfunctional judicial system co-operates with a cynical and fraudulent plaintiff in turning the DC courts into a 21st century version of trial by ordeal, it is more important than ever to push back by disseminating as widely as possible the opinions of him that Mann is trying to suppress.

The decision reversed an opinion by the lower court that the Wikipedia entry could be admitted under the provision that describes the type of material appropriate for judicial notice.

«Adding law review citations to judicial opinions helps us rank search results more intelligently, for example, giving a relevance boost to cases that aren't cited by courts, but are cited by law review articles.

But some version of that doctrine is needed, or we will have to get very used to (a) injustices, as interpreted by the society we live in from time to time, and (b) more attempts to amend the Constitution to improve the wording and to avoid the consequences of judicial opinion as out of step with its times as the SCC was in 1928 (where no doubt it spoke for the values of a good portion of society, even then.)

Answers can come in the form of passages from judicial opinions annotated by our users.

That the bill presents a case for judicial consideration arising under the laws of the United States and treaties made under their authority with the Cherokee Nation, and which laws and treaties have been, and are threatened to be still further, violated by the laws of the State of Georgia referred to in this opinion.

The chapter not only provides a useful summary of opinion structure and writing process, it contains theoretical underpinnings by focusing on the issues of judicial constraint, candor, and reasoning facing judges.

Opinion Writing is a classic work by the Honorable Ruggero J. Aldisert, Senior United States Circuit Judge of the United States Court of Appeals for the Third Circuit, and one of the most respected scholars on judicial opinion wOpinion Writing is a classic work by the Honorable Ruggero J. Aldisert, Senior United States Circuit Judge of the United States Court of Appeals for the Third Circuit, and one of the most respected scholars on judicial opinion wopinion writing.

The article introduces the guide by explaining the importance of reasoned judicial opinions in the American legal system and the importance of audience for appellate opinions.

And we beg leave to add with all due deference that no decision of any court of the United States can under any circumstances, in our opinion, agreeable to the Constitution, be liable to a reversion or even suspension by the legislature itself, in whom no judicial power of any kind appears to be vested but the important one relative to impeachments.»

In addition to training externs and clerks, an upper - level class in judicial opinion writing provides an opportunity for students to hone their skills in writing for a particular audience, structuring and organizing, analyzing, and using rhetorical devices introduced during the first - year writing course through a different type of document.6 Such a course can cause students to look at the legal process from a different perspective and to become better critical readers and users of opinions by writing them.7 Thus, other goals of a judicial opinion writing course can include learning about the audiences of judicial opinions and the perspective judges bring to their opinion writing.

The author, a judge on the United States Court of Appeals for the District of Columbia Circuit, addresses the audiences for opinions and explains judges» use of rhetoric in judicial opinions as a tool to stay within the constraints placed upon them by law, yet have some room to develop the law in certain ways.

For example, a casual perusal of the online legal research service Westlaw reveals that «mumbo jumbo» appears at least 251 times in judicial opinions.8 «Jibber - jabber» shows up just seven times (although surprisingly used by parties, rather than in statements from the court), while the more prosaic «gobbledygook» has 126 hits in the legal database.9 Believed to have been coined in 1944 by U.S. Rep. Maury Maverick of Texas, «gobbledygook» has been used by everyone from political figures referring to bureaucratic doublespeak (for example, President Ronald Reagan's stinging 1985 indictment of tax law revisions as «cluttered with gobbledygook and loopholes designed for those with the power and influence to have high - priced legal and tax advisers») to judges decrying the indecipherable arguments and pleadings of the lawyers practicing before them.

The project aims to make judicial elections more transparent for journalists and researchers by creating online profiles of judges that show campaign contributions, judicial opinions and biographies.

Nothing in the opinion of this Court, therefore, may properly be regarded as an adjudication on the merits of the constitutional issues presented by these cases, which raise the question of the validity not of the private agreements as such, but of the judicial enforcement of those agreements.

Perhaps a better, or at least more interesting, empirical study would be to compare the quality of judicial opinions today to the classic decisions by judges of yore.

Roberts cited a rare neurological disability when he retired, according to the opinion by the Committee on Judicial Conduct and Disability.

He also notes that «the only search mechanisms generally taught in law school concern closed sets of materials, i.e., judicial opinions and other materials gathered by large publishing companies such as Westlaw or LexisNexis.»

In a dissenting opinion, Justice Ann Walsh Bradley, joined by Chief Justice Shirley Abrahamson and Justice N. Patrick Crooks, criticized the majority's decision to adopt the rules calling it «a dramatic change to our judicial code of ethics.»

In his dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas expressed doubt that «Congress intended administrative preclusion to apply to TTAB findings of fact in a subsequent trademark infringement suit,» based on the history of administrative preclusion and both the express language and «several features» of the Lanham Act, including that the Act confers limited authority on the TTAB and provides for judicial review of the Board's decisions.

But, according to a recent opinion from the Florida Supreme Court Judicial Ethics Advisory Committee (via the Legal Profession Blog), only because the appeals for donations are on a page sponsored by Comiter's election committee, rather than his personal page.

Any person who issues a decision, gives an opinion, submits a report, addresses a case or proves an incident for the benefit or against a person, failing to maintain the requirements of integrity and impartiality, in his capacity as an arbitrator, expert, translator or investigator, appointed by administrative or judicial authority or selected by parties, shall be sentenced to temporary imprisonment.

Although the Kilmuir Rules were rescinded in 1987, there remained and still remains a tendency, most recently displayed by the «Gilmour Incident» to baton down on judicial public opinion.

On May 15, the Supreme Judicial Court released its opinion in New England Forestry Foundation v. Hawley, ruling that a 120 - acre parcel of forest land owned by the Foundation in the Town of Hawley was eligible for the charitable property tax exemption under Mass..

First of all, the Court was not convinced by the Opinion of the Advocate General (AG) Jääskinen, who proposed that the judicial review of all decisions by the Petitions Committee must be precluded under Article 263 TFEU in so far as those decisions are not challengeable acts within the meaning of that Article.

such quotations or excerpts, when taken out of the context of the judicial opinion and used by an attorney for the purpose of soliciting clients, are prohibited judicial endorsements or testimonials.

And I don't mean that we can't read statutes, judicial opinions, or briefs or represent clients based on all of this information, but the volume of the information being generated by lawyers, judges, legislators, etc. can no longer be found, digested, disseminated, or understood without software and algorithms.

If I were a cynical person I might suspect that this is one of the more pointed and cynical opinions that the SCC has delivered, there being, such a person might argue, a sharp irony in the hoisting of Mr. Harper the judicial conservative by a very literal reading of the statute.

As an example, Lithwick writes that last weekend at a conference sponsored by the National Italian - American foundation, Scalia criticized the quality of media coverage of Supreme Court cases, asserting that «The press is never going to report judicial opinions accurately.»

Associates write briefs that senior attorneys get credit for, judicial clerks draft opinions that judges sign their names to, and research assistants do substantial work on articles that are authored by professors.

We argued that the admissibility of DRE opinion on whether a person's ability to operate a vehicle is impaired by a drug or a combination of alcohol and a drug should not be considered expert evidence without first undergoing a judicial assessment through a Mohan voir dire.

An Oklahoma law professor's research on the use of song lyrics in legal writing found that the popular artist whose lyrics are most often cited in legal journals and judicial opinions is Bob Dylan, followed in rank by The Beatles, Bruce Springsteen, Paul Simon, Woody Guthrie, Rolling Stones, Grateful Dead, Simon & Garfunkel, Joni Mitchell and R.E.M.

Empirical legal scholars have traditionally modeled judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases.

«Updates in the field of personal injury law as practiced in Tennessee, primarily through posting and comment on personal injury - related judicial opinions published by the Tennessee Court of Appeals and Tennessee Supreme Court.»

In his extensive post on Jottings by an Employer's Lawyer, Fox recommends reading the Court's 36 - page opinion, which «thoroughly... reviews the history of legislation designed to protect the employment rights of those serving in the uniformed services, along with its judicial construction.

Aug. 6, 2002): Canon 5 (1) of the Texas Code of Judicial Conduct prohibited candidates from making «statements that indicate an opinion on any issue that may be subject to judicial interpretation by the office which is being soughtJudicial Conduct prohibited candidates from making «statements that indicate an opinion on any issue that may be subject to judicial interpretation by the office which is being soughtjudicial interpretation by the office which is being sought.»

Since the first judicial opinion endorsing the use of Technology Assisted Review (or TAR) was written by Judge Andrew J. Peck in 2012, an entire legal industry has grown up on the premise of streamlining the document review process in discovery — that is, taking a repetitive task traditionally performed entirely by attorneys and introducing the concept of computer assistance to increase efficiency and improve consistency.

In Tuesday's opinion, written by appellate Judge Janice Rogers Brown on behalf of the three - judge panel, she referred to the constant back - and - forth as «Sisyphean labor,» stating that the case must be brought to a close in «the interest of procedural fairness and judicial finality.»

The fourth article, «Understanding Voice: Writing in a Judicial Context,» by Andrea McArdle, introduces us to judicial voice, and does so by leading off with a number of questions, including «does a judicial opinion have a «voice,» and if so, what are its attJudicial Context,» by Andrea McArdle, introduces us to judicial voice, and does so by leading off with a number of questions, including «does a judicial opinion have a «voice,» and if so, what are its attjudicial voice, and does so by leading off with a number of questions, including «does a judicial opinion have a «voice,» and if so, what are its attjudicial opinion have a «voice,» and if so, what are its attributes?

Expert witnesses play a fundamental role within the judicial system by providing opinion - based evidence to assist the courts in reaching decisions.

In the first - year curriculum, this generally means an IRAC - style analysis requiring the synthesis of rules from various judicial opinions and other sources, followed by an application of those rules to a specific set of facts.40