Not exact matches
A San Francisco federal judge, in what was apparently the first case to
cite last month's SCOTUS
opinion Cyan v. Beaver County Employees Retirement Fund remanded a securities class action against a blockchain startup to San Francisco Superior
Court while keeping another in federal c
Court while keeping another in federal
courtcourt.
The Stenberg dissenters repeatedly
cited and quoted Justice O'Connor's abortion
opinions from the 1980s, in which she had criticized the
Court for operating as «the nation's ex officio medical board with powers to approve or disapprove medical and operative practices and standards throughout the United States.»
He
cites the role of the Bible in teaching literacy; Charles Finney's conversion, brought about by his study of Blackstone's Commentaries on the Laws; and an 1892 Supreme
Court opinion, Church of the Holy Trinity v. U.S., which stated, «This is a Christian nation.»
The European rejection of the death penalty, which advocates of abolishing the death penalty in the United States
cite as evidence of an emerging international consensus that ought to influence our Supreme
Court, is related both to the past overuse of it by European nations (think of the executions for petty larceny in eighteenth - century England, the Reign of Terror in France, and the rampant employment of the death penalty by Nazi Germany and the Soviet Union) and to the less democratic cast of European politics, which makes elite
opinion more likely to override public
opinion there than in the United States [emboldening mine].
The text
cited in Whipple vs. Martinson was from the majority
opinion of the US Supreme
Court, not Congress.
The Supreme
Court opinion, penned by Justice Stephen Breyer
cites basic principles for rejecting the Prometheus patents.
However, Supreme
court does not have the power to issue advisory
opinions (I'll
cite if need be, but its much more of a the thing does not exist so I'd kinda have to
cite all of reality).
«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.
And you can now find all online materials
cited in the
Court's
opinions since the October 2005 term on the Supreme
Court's homepage.
The guide relates that the online materials
cited in one Supreme
Court bench
opinion were already «deleted before the
opinion was published in the U. S. Reports.»
To ensure the authority supporting the
Court's
opinions remain available, the guide advises doing what the
Court always has: Use and
cite the official print version of a document where this is available.
I do think that some of them nicely illustrate a larger problem — that (in some terms of the
Court or with some clerks) Blackmun was shockingly uninvolved with the basic task of writing
opinions, serving more as a substantive
cite - checker for his clerks» writing the
opinions.
One way to do this in federal
court is to
cite only unpublished
opinions, which «are not binding precedent.»
Here is an example of a Michigan Supreme
Court opinion citing UK case law that it has adopted:
Here in the US, legal publishers also could cut to the chase by adding paragraph numbering to
court opinions in their e-text where pagination has not yet been officially eliminated for pinpoint
cites.
Many times,
courts will lift string -
cites and parentheticals from other judicial
opinions, with a notation such as «
cited in...» Is that plagiarism — or precedent?
Now, if the
court opinion you view in Ravel was ever discussed or
cited in a Cooley alert, the two are linked.
And most people actively use unpublished
opinions and there's a lot of
courts say you can't
cite a case that's not been published in a book, but that's evaporating day by day.
I believe today that all
cites to all
court opinions should have the docket number of the case in it.
Greene has not
cited — and the
Court has not found — a single statute, regulation, rule, or judicial
opinion holding that a litigant has a right of access (under the First Amendment, the common law, or anything else) to communications between a judge and his or her law clerk, including draft
opinions and orders.
Professor Doug Berman's weblog, Sentencing Law and Policy has become the informational locus of the debate, with multiple
courts citing it in
opinions, and serious scholars of sentencing policy checking it almost daily.
Select any judge to bring up the same types of analytics discussed above — most - frequently
cited opinions of that judge and the
opinions,
courts and judges that judge most frequently
cites.
Clearly, this is intended to address the problem of link rot documented by Jonathan Zittrain, Kendra Albert and Lawrence Lessig in 2013, when they found that half of the URLs within Supreme
Court opinions do not link to the originally
cited information.
Now, if the
court opinion you view in Ravel was ever discussed or
cited -LSB-...]
Opinions, showing the opinions — from whatever court — that the 1st Circuit most frequently cites in its own o
Opinions, showing the
opinions — from whatever court — that the 1st Circuit most frequently cites in its own o
opinions — from whatever
court — that the 1st Circuit most frequently
cites in its own
opinionsopinions.
In the 1st U.S. Circuit
Court of Appeals, for example, the most -
cited case is U.S. v. Zannino, 895 F. 2d 1 (1990), which has been
cited by 1,476
opinions.
Oh, and in its
opinion the Delaware Supreme
Court cited the second edition of A Manual of Style for Contract Drafting.
The
court cited a 1904 Illinois
opinion, as well as multiple out - of - state
opinions in classifying moving trains as an obvious danger that should be recognized by the «ordinary intelligent boy.»
Jump - start your research with key quotations from leading
court opinions (not just string
cites) handpicked by expert practitioners.
While the view supported by Ian Binnie's
opinion and Moldaver J.'s dissent focus on the absurdity of going to the high
court just one day after rejoining the Barreau du Québec, a different absurdity was pointed out by Professors Michael Plaxton and Carissima Mathen, in an article
cited by the majority, a point raised by the Attorney General of Québed in oral argument:
However, an
opinion from the California
Court of Appeal that is directly on point to the facts in a particular case can not be cited as persuasive authority by a party or a c
Court of Appeal that is directly on point to the facts in a particular case can not be
cited as persuasive authority by a party or a
courtcourt.
The author of this article requested that the California
Court of Appeal, Fourth District, Division Two (Riverside) take judicial notice of an unpublished
opinion cited solely for any pursuasive value the case may have in a pending appeal.
Parties should be free to
cite unpublished
opinions as persuasive, while not binding upon the
court.
In this conflict, the judicial notice statute should take precedence, and
courts should allow unpublished
opinions to be
cited as persuasive authority.
Ravel Law and Bloomberg can provide data on how often your trial judge's
opinions are
cited by other
courts — an indicator of how well respected the judge is by his or her peers — as well as how often the judge is appealed, and how many of those appeals have been partially or completely successful.
The Enbridge
opinion cited with approval to a 1960 Illinois Supreme
Court decision where it was ruled proper to exclude
opinions of condemnation witnesses who had considered proper, along with improper, and speculative criteria in their analysis.
South Carolina Appellate
Court Rule 268 (d)(2) states, «Memorandum
opinions and unpublished orders have no precedential value and should not be
cited except in proceedings in which they are directly involved.»
In saying that a best efforts obligation is more onerous than a reasonable efforts obligation, the FMC article
cites an
opinion of the British Columbia Supreme
Court, Atmospheric Diving Systems Inc. v. International Hard Suits Inc. (1994), 89 B.C.L.R. (2d) 356 (S.C.).
Justice Kagan, delivering the
opinion of the
Court and
citing Stolt - Nielsen S. A. v. AnimalFeeds Int» l Corp., 559 U. S. 662, 684 (2010), concluded that the arbitrator's decision survives the limited judicial review § 10 (a)(4) allows.
Available at http://harvardlawreview.org/2014/03/perma-scoping-and-addressing-the-problem-of-link-and-reference-rot-in-legal-citations/ (finding that 49.9 % of websites
cited in US Supreme
Court opinions and 29.9 - 34.2 %
cited in three law reviews no longer linked to the originally
cited material — at 180, 186)... [Link to full Rotten World blog post.]
Citing a previous Attorney General
opinion, the
Court of Appeals noted «If, however, an alleged contemnor is not personally served with the rule to show cause, the family court may, pursuant to the provisions of section 20-7-870 [now § 63-17-390], use the scheduled court time to conduct a hearing to determine whether there is «competent proof» of disobedience of the court o
Court of Appeals noted «If, however, an alleged contemnor is not personally served with the rule to show cause, the family
court may, pursuant to the provisions of section 20-7-870 [now § 63-17-390], use the scheduled court time to conduct a hearing to determine whether there is «competent proof» of disobedience of the court o
court may, pursuant to the provisions of section 20-7-870 [now § 63-17-390], use the scheduled
court time to conduct a hearing to determine whether there is «competent proof» of disobedience of the court o
court time to conduct a hearing to determine whether there is «competent proof» of disobedience of the
court o
court order.
As more and more counties are adopting mandatory mediation, at least on the family
court side, there is a compelling need for attorneys to have more than a passing knowledge of the ADR Rules, especially if the Rules are being
cited with more frequency in appellate
court opinions.
Well, yesterday I noticed that in an
opinion issued this week (here) the Eighth Circuit
Court of Appeals had
cited it too, the issue in this case being where to place the defined - term parenthetical when you create an integrated definition.
Though disdaining Wikipedia, the Lawson
court itself relied on a private internet website as of 2011, noting it had been «updated June 2010,» for a factual foundation for its legal holding of a rational basis for the federal statute on animal fighting activities.40 Likewise, in the body of its
opinion in State v. D.C., 41 the Fifth District
cited various websites addressing how HIV can be transmitted.
Delivering the unanimous
opinion of the
Court and
citing Stolt - Nielsen S. A. v. AnimalFeeds Int» l Corp., 559 U. S. 662, 684 (2010), Justice Kagan concluded that the arbitrator's decision survives the limited judicial review § 10 (a)(4) allows.
She says the United States
Court of Appeals for the Ninth Circuit is creating a public database with
opinions cited in pdf.
While the
Court began its
opinion by ruling in favor of Leonard on the plaintiff's manufacturing defect claim
citing a lack of evidence that the valve was not installed as an anti-scald device, Leonard's fortunes quickly deteriorated.
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.
No Supreme
Court opinion, including concurrences and dissents, has ever
cited Bush v. Gore.
Last month, in «We Won't See You in
Court: The Era of Tort Lawsuits Is Waning,» the Wall Street Journal took a look at the decline in tort lawsuit filings and the reasons fueling the decline,
citing «state restrictions on litigation, the increasing cost of bringing suits, improved auto safety, and a long campaign by businesses to turn public
opinion against plaintiffs and their lawyers.»