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.
'' 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).
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.
Not exact matches
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.
Challenging the Supreme Court's order at the African Court on Human and People's Rights in Tanzania, the lawyers of Woyome said: «The contention of the applicant is that following
from the earlier
concurring opinion to the decision of the review bench, the court can not be said to have been impartial.»
Following are excerpts
from the majority,
concurring, and dissenting
opinions in the U.S. Supreme Court's June 27 decision in the Cleveland voucher case, Zelman v. Simmons - Harris:
Got a second
opinion from a Chevy tech who
concurred.
But at the blog
Concurring Opinions, Dave Hoffman writes that the changes
from the original complaint to this amendment extend beyond dropping Ciolli:
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.
To illustrate his point, he quotes a sentence
from Scalia's
concurring opinion in the 1993 case, Lamb's Chapel v. Center Moriches School District.
Usually, the menu of options for an appellate judge participating in an
opinion is limited: You either write the
opinion,
concur with it, dissent
from it, or
concur in part and dissent in part.
I can tell you
from a clerk's perspective that, if the only thing a party can come up with to support its position is a
concurring opinion, he's starting out in a hole.
Virtually every essay describes an area where Justice Thomas, in
concurring or dissenting
opinions, has urged major departures
from prior decisions and doctrines.»
In R. v. N.S. [2012] 3 S.C.R. 726, Justices Rothstein and Lebel referenced the living tree in their
concurring opinion, but for the proposition that the living tree must grow «
from its roots» and that the Constitution is rooted in its political and legal traditions — in other words, the emphasis was placed on the natural limits of growth.
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.
Legal Issues Related to the Elections If you're more interested in election law than how the candidates would apply the law, check out these two posts: Discussion of how the outcome of voter registration lawsuits, now ongoing, may change the outcome of the election,
from The Indiana Law Blog, and an analysis of laws addressing campaign activity within the vicinity of voting booths,
from Timothy Zwick at
Concurring Opinions.
Some interesting responses
from Daniel Solove at
Concurring Opinions, Scott Greenfield at Simple Justice, David Giacalone at f / k / a, Carolyn Elefant at My Shingle.
Over at
Concurring Opinions, Frank Pasquale posts here about blogger Tom Bell's skeptical view on the impact of blogs, expressed in this article
from May 2006.
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.
Judge Susan L. Carney, writing the majority
opinion in which Judge Victor A. Bolden
concurred, summarized the conclusion of the court that interpreting warrant to require a service provider to produce data
from beyond the borders of the United States would require the court to disregard the presumption against extraterritoriality, at p. 6:
The
Concurring Opinions intern will help us on projects ranging
from law school rankings, to the next edition of the law professor blogger census, to upgrading the technical aspects of the site, to collecting legal stories of interest to our readers in an informative and interesting way.
Justice Ginsburg and Justice Breyer filed two
opinions concurring in part, dissenting in part, and dissenting
from the judgment.
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.
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.
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.
«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.»