However, would you note up the following SCC decision from 1958
for judicial history (i.e., to see if it had been appealed)?
In telling students this, I think I inevitably left the (mistaken) impression, by inference, that one did not need to worry about noting up Supreme Court of Canada cases after 1949
for judicial history (i.e., to see if the case was reversed on appeal)(but I am consistent in telling students that one should always noteup all Supreme Court of Canada decisions from any period of time for judicial and academic commentary and to find «like» cases, which would have, in the situation that follows, have caught the mistake in any event).
Not exact matches
Both sides will benefit, Democrats would get Downstate (which in my humble opinion should be called the Commonwealth of New Amsterdam after the most progressive city in Europe and in reference to the city's
history), a guaranteed two seats in the US Senate (+1 because Gillibrand did well Upstate in the last election, so 3 seats
for the Democrats), guaranteed control of the
Judicial, Legislative, and Executive branches, and the once in a lifetime opportunity to write a state constitution to their own liking (firearms rights applies only to military and police, right to choose
for women, protections
for LGBT New Yorkers, etc)
These gaps are not a coincidence, as the United States has a long
history of legislative, executive, and
judicial enactments that have codified unequal provision of resources
for schools.
Given that he occupies a
judicial position that traces its
history to the Middle Ages, the comments this week by the Lord Chief Justice of England and Wales were particularly striking
for the deviation from tradition they predict.
When sentencing an Aboriginal offender, courts must consider: (1) The unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts.To do this courts are to take
judicial notice of such matters as the
history of colonialism, displacement, and residential schools and how that
history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and higher levels of incarceration
for Aboriginal peoples.
The recent
history of
judicial review in Canada has been marked by ebbs and flows of deference, confounding tests and new words
for old problems, but no solutions that provide real guidance
for litigants, counsel, administrative decision makers or
judicial review judges.
The notice alleges Douglas «knowingly participated» in the sexual harassment of Chapman; that she failed to disclose anything about the situation in a personal
history form related to an application
for judicial appointment; that she is incapable as a judge because the nude photos question «the image and concept of integrity of the judiciary»; and that she did not fully disclose facts to independent counsel by modifying a personal diary entry that was relevant to the investigation.
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.
He considers it from the perspective of the public, the bar and the bench, provides a brief
history of
judicial involvement in settlement discussions, adumbrates the arguments
for and against
judicial mediation, and asks whether it is a reality or a fantasy.
In the early 80's, the Canadian Law Information Council (CLIC) noted that the «style of cause» was an important tool to locate decisions and track
judicial history in law reports, and that the lack of consistency among those prepared by different publishers was therefore a significant hindrance to the reliability of legal research (see Lounder, Case law reporting in Canada, 1982 and Helleiner, Standards
for headnoting: case identification, CLIC, 1984).
My brief review of Mr. Schmidt's case has all the makings of
Judicial History where allegedly breaking the rules and the law, «in the public interest», may not favour absolute immunity
for the AG.
White was first nominated in 1997, but her nomination languished
for more than four years — the longest
for any
judicial candidate in Senate
history.
(Sources: Interviews of Brian W. Lennox
for OCJ
History Project, 2014 - 15; Interviews of S. Linden
for OCJ
History Project, 2014 - 15; David Wake and Brian W. Lennox, «The Ontario Court of Justice: A Journey in Education,» National
Judicial Institute: 20th Anniversary Essays, p. 41)
(Source: National
Judicial Institute, Interview of Katherine McLeod
for the OCJ
History Project, 2015.)
One commenter argued that the provision would limit the scope of the Inspector General's subpoena power
for judicial and administrative proceedings to information concerning a litigant whose health condition or
history is at issue, and would impose a requirement that the Inspector General provide a written certification to that effect.
Even fancy Manhattan firms with hundreds of lawyers seldom have more than a handful of cases pending in the United States Court of Appeals
for the Second Circuit, which is known
for its august
history, superior
judicial craftsmanship and special expertise in commercial and securities case.
Oliver Wendell Holmes (who was both), probably the only genius in the
history of American law, whom I greatly admire
for his candor, eloquence, wit, toughmindedness, and
judicial creativity.
But with the help of some lawmakers, too many are still getting away with too much, and
for the first time in this report's 16 - year
history, enough shade has been cast on the Sunshine State to rank it as the nation's worst
Judicial Hellhole.
Case
history (
for cases decided from 2006) and
judicial consideration is available from links on the case header.
Make sure your skills and work
history sections speak to a variety of qualifications and desirable traits essential
for a
judicial official.