Sentences with phrase «concurring opinions by»

They also pointed to concurring opinions by two justices who questioned whether the ruling in the New Jersey case should apply to detainees held apart from other inmates.

These more permissive guidelines were drafted in a concurring opinion by Justice Lewis F. Powell Jr., the author of Nyquist.

-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.

A more restrained, but still vivid example of a simile appears in a concurring opinion by Justice Robert H. Jackson, whose name almost always appears on lists of the Court's all time best writers.

Another example of prosecutors taking liberty with the facts came in a concurring opinion by Judge Kozinski, where a prosecutor tried to mislead the court about facts to support sentencing enhancement.

A concurring opinion by Justice John Paul Stevens means that the decision will most likely have to be applied on a case - by - case basis, looking at different types of statutes that states have enacted to place limitations on class actions.»

Not exact matches

Court of Appeals Judge Eugene Pigott issued a separate opinion in the cases, concurring with the results but saying the state's definition of parenthood should properly be set by the legislature.

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.

I concur with you strictly in your opinion of the comparative merits of atheism and demonism, and really see nothing but the latter in the being worshipped by many who think themselves Christians.

The opinions collected here» some dissenting from the majority of the Court, others concurring in judgment but rejecting the majority's reasoning» show how Scalia applies his textualism to these issues, and how it differs from competing theories of interpretation, most notably the «living Constitution» view favored by many on the left and the varieties of intentionalism favored by many conservatives and moderates.

Justice Elena Kagan delivered the court's majority opinion, which was joined by Justices Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor (Thomas also filed a separate concurring opinion).

Samuel Casey, an attorney for the plaintiffs, said in a statement: «We are disappointed by the Court of Appeals decision and, given the reasoning in the two concurring opinions, we are evaluating whether and on what grounds our clients will be seeking certiorari before the United States Supreme Court.»

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.»

Even more noteworthy in Roth was the concurring opinion filed by Judge Pappas of the Ninth Circuit Bankruptcy Appellate Panel.

This alternative was favoured by the concurring opinions.

Judge Pieper concurred in Judge Konduros» opinion but wrote separately to express his view that the decision whether to ask the jurors to consider a lesser - included offense «is a strategic decision to be made ultimately by trial counsel after consultation with the defendant.»

Today's decision in Cote - Whitacre v. Department of Public Health was a one - paragraph order followed by three concurring opinions and one dissent.

But a comment by Dave Hoffman, contributor to the blog Concurring Opinions, says:

In the concurring opinion, Justice Patience Roggensack, joined by Justices David T. Prosser, Jr., Annette Kingsland Ziegler and Michael J. Gableman, responded that the rule changes comport with the Wisconsin Constitution, U.S. Constitution and recent case law.

I pondered that thought after reading this post by Nate Oman at Concurring Opinions which proposes an alternative to U.S. News law school rankings.

And former Kozinski law clerk Circuit Judge Sandra S. Ikuta issued an opinion concurring in part (and by implication dissenting in part) in which she makes clear that, in her view, the Communications Decency Act should protect the web site from all claims asserted under the Fair Housing Act that are based on information supplied by the web site's users.

Four other judges joined an opinion by Circuit Judge Timothy B. Dyk, concurring in the denial.

In a majority opinion authored by Ginsburg (Stevens concurred, Breyer recused), the Court found that the Compact did not give New Jersey exclusive jurisdiction over all riparian improvements commencing on its shores.

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.

The opinion is authored by Presiding Justice McConnell, with Justices Huffman and McIntyre, concurring.

But much attention has focused on the concurring opinion written by Justice John M. Greaney and joined by Justice Roderick L. Ireland.

The case provided the opportunity to test WordRake against the writing of three justices: the plurality opinion by Chief Justice John G. Roberts Jr., the concurring opinion of Justice Clarence Thomas and the dissent of Justice Stephen G. Breyer.

See, e. g., Metro Broadcasting, 497 U. S., at 605 - 606 (O'CONNOR, J., dissenting); Croson, 488 U. S., at 486 - 493 (opinion of O'CONNOR, J., joined by REHNQUIST, C. J., and White, J.); id., at 518 - 519 (KENNEDY, J., concurring in part and concurring in judgment); id., at 521 - 524 (SCALIA, J., concurring in judgment); Fullilove, 448 U. S., at 472 - 473 (opinion of Burger,

Given the narrow question presented by this appeal, I concur in our per curiam opinion.

In a concurring opinion, Justice Malcolm Rowe was concerned, at paras. 85 - 6, that «the police can in effect sidestep the requirements of Part VI by obtaining a production order immediately after the messages are sent.»

Acting Presiding Justice Robert L. Dondero delivered the opinion, with Justice Kathleen M. Banke and Judge Diana Becton (sitting by assignment) concurring.

The notion of employing a presumption of deference to simplify standard of review analysis was suggested by Justice Binnie in his concurring opinion in Dunsmuir v New Brunswick, 2008 SCC 9 (CanLII)(at para 146), however the majority of the Supreme Court in Dunsmuir did not concur with him.

I also observed the concerns set out by a string of concurring opinions in the Supreme Court of Canada which caution against a blanket presumption of deference towards statutory interpretation by administrative tribunals of their home legislation and assert the need for deference to rest on a more principled foundation like demonstrated expertise or familiarity of the tribunal with that legislation.

I concur in the reversal, but dissent from leaving the case open for a new trial, believing that, for reasons stated in the concurring opinions of MR. JUSTICE DOUGLAS and myself in the New York Times and Garrison cases, a libel judgment against Rosenblatt is forbidden by the First Amendment, which the Fourteenth made applicable to the States.

A majority of the justices support the first opinion, written by Johnson, so Madsen (writing a separate concurring opinion) is referring to the previous opinion.

Justice Stevens concurs, joined by Ginsburg and Sotomayor, even though the three of those Justices also joined the Kennedy majority opinion.

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

Specifically, in his concurring opinion, Justice Stevens said, «It is important to observe that the balance Congress has struck turns, in part, on the nature of the state law that is being displaced by a federal rule.»

WINTERSHEIMER, J., concurs by separate opinion.

In a post on Concurring Opinions, Gerard Magliocca asks an interesting question about what importance, if any, should attach to the fact that a constitutional provision invoked in a case has never been applied by the courts, or has not been applied in a very long time.

There is also a humble tribute to Kaye by Lawrence Cunningham at Concurring Opinions, calling her «One of the country's greatest contemporary judges.»

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.

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.

Chief Justice Roberts, joined by Justice Alito, filed a concurring opinion.