Sentences with phrase «from judicial opinions»

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

Not exact matches

«There is no good cause for further judicial involvement where the court has now heard directly from Redstone that he has lost trust in Herzer, does not want her in his life and instead wants his daughter Shari to look after him as necessary,» the judge wrote in an opinion this morning.

All told, the RECAP Archive now contains about 3.4 million documents from 1.5 million federal district court and bankruptcy cases from 1960 to the present, including all judicial opinions available via the Written Opinionsopinions available via the Written OpinionsOpinions Report.

We can assume that all the Justices sitting on the Court today, like other humans, have their own preferences and biases about religion, but the judicial opinions of one of them, Justice John Paul Stevens, raise more than a slight suspicion that some of his actions on the bench stem from animosity, if not to animal sacrifice, at least to certain less exotic religious beliefs and practices.

While I find the majority opinion in Brown disappointing and even more so the fact that its author was Scalia, in the end there is something for conservatives to take away from the case: a strong judicial precedent that new categories may not be added to the type of content not afforded full First Amendment protection.

Moreover, in holding that a statute prohibiting aliens from being imported for labor was not intended to prevent a church from hiring a foreign Christian minister, the Court quoted approvingly from two previous judicial opinions showing «we are a Christian people, and the morality of the country is deeply ingrafted upon Christianity» and «the Christian religion is a part of the common law of Pennsylvania.»

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.

There were also deals, or near deals, to bar campaign donations from those seeking state contracts, create a public campaign financing system for state Supreme Court judicial candidates, and require state lawmakers to seek a formal opinion on whether their outside income represents conflicts of interest.

Actual snapshots of the brain from MRIs or CT scans are only showing up in about 15 percent of judicial opinions that involve neuroscience, according to Farahany's research.

Redcay's solution is fairly judicial; we need an impartial opinion of any prospective partner from those around us.

Those of us who practice within the federal courts» first judicial circuit have long had a crapulous craving for the tenebrous pearls of linguistic perlustration emanating over the years from the opinions of now - senior 1st Circuit Judge Bruce M. Selya.

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.)

# 1 - many of the arguments derived from the language in certain ethical rules could just as easily be leveled against judges who have clerks write their judicial opinions and senior partners who have junior associates write their briefs or law journal articles.

One of the first American judges to void a law deemed unconstitutional, Wythe's judicial opinions attempted to steer Virginia away from slavery, and in one case he even tried to abolish slavery via judicial interpretation.»

Nevertheless, it remains the case that judicial opinions, especially trial judgments, differ from the kind of writings that traditionally attract copyright protection, with the concomitant demands of originality and attribution of sources.

This theoretical, but practical, article is aimed at a judicial audience, but could be profitably used in a judicial opinion writing course to study writing for the audiences for opinions from a judge's perspective.

This article brings aspects of writing from a judicial perspective and writing for the audience for opinions to a judicial opinion writing course.

It makes a thoughtful supplement to a text, excerpts, or articles on the skill of writing judicial opinions, writing from a judge's perspective, and learning about the audiences for opinions.

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.

This book is a fascinating history of the judicial opinion in the United States from its origins in English tradition and the founding of the United States judicial system to the United States Supreme Court's and state courts» institutional judicial styles starting in the nineteenth century and moving on to current institutional and individual styles.

This text could form the foundation of a judicial opinion writing course, but professors might want to add some articles or excerpts that add to the craft of opinion writing, look at writing from a judge's perspective, and further discuss the audiences for opinions.

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.

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?

An interesting opinion for lawyers today from the Massachusetts Supreme Judicial Court.

That's the story out of a free public website in Massachusetts: The site provides the public with online copies of opinions from both the Supreme Judicial Court and the Appeals Court.

A precious few scholars read judicial opinions from first word to last; and apparently no one is reading law review articles any longer.

Professor Elizabeth Judge explains in «Precedent and the Individual Opinion: Judges Judging Judgments and the Creation of the Law Canon», the act of «authorizing precedent... deflect [s] attention away from the judicial acts of authoring the individual opinion&Opinion: Judges Judging Judgments and the Creation of the Law Canon», the act of «authorizing precedent... deflect [s] attention away from the judicial acts of authoring the individual opinion&opinion».

And while there are many who believe that judicial opinions that use verse, quote song lyrics, or make TV or movie references somehow detract from the dignity of the bench or disrespect parties who take the issues very seriously, let's not forget that judges owe a duty to write opinions that are accessible to all.

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.

Indeed, the full court of the ECJ in Opinion 2/15 has already underlined that ISDS rivals with domestic courts and is not part of the domestic judicial system, when it held that ISDS «removes disputes from the jurisdiction of the courts of the Member States» (para. 292).

References to literature in judicial opinions, like metaphors and similes, derive their power from surprise; therefore, if used frequently, they lose their novelty, like the oft - repeated punch line of an outdated joke.

Florida's opinion even echoes the earlier S.C. one when it says, «Judges can not isolate themselves from the real world and can not be expected to avoid all friendships outside of their judicial responsibilities.»

Reuters reports today that Posner has become a pioneer in another, much quirkier area: the use of photographs copied from the Internet to spice up his judicial opinions.

Not only is he attending, he is liveblogging his notes from the conference, which, as he observes, features an A-list of e-discovery experts, including U.S. District Judge Shira A. Scheindlin, author of the watershed Zubulake opinions, and Ken Withers, senior judicial education attorney at the Federal Judicial Center (and, I can boast, my co-author of a 1977 Internetjudicial education attorney at the Federal Judicial Center (and, I can boast, my co-author of a 1977 InternetJudicial Center (and, I can boast, my co-author of a 1977 Internet guide).

A judicial decision in US district court [opinion of Magistrate Judge order on appeal] saying that the state needs reasonable and probable grounds before getting cell phone records from the phone company to trace people.

But then each one would need to testify that unintelligible law was the proximate cause... or an expert opinion to that effect, which would need to come from inside the justice system itself — completely impossible as the freedom of information legislation does not cover judicial records, and you can not sue the court system (as far as I know).

I've routinely found superscripted ordinals in case citations in briefs from opposing counsel, and occasionally I'd find them in judicial opinions.

· The correct judicial response to the question of the admissibility of hearsay evidence in an expert opinion is not to withdraw the evidence from the trier of fact unless, of course, there are some other factors at play such that it will be prejudicial to one party, but rather to address the weight of the opinion and the reliability of the hearsay in an appropriate self - instruction or instruction to a jury.

For such judges, the words in their orders and judicial opinions are to be read as the most omniscient of narratives, like pronouncements from Mount Olympus itself.

Your determination to obliterate any humanity from your judicial position, your essentially non-existent listening skills, and your propensity to use your court — where you lack the courage to hear opinions contrary to your own — to launch ugly, vulgar, and mean personal attacks not only confirms that you are as loathsome as suspected, but also casts shame on you as a judge, that most extraordinarily important function that was entrusted to you.

The opinion from the Massachusetts Committee on Judicial Ethics does not identify the judge, but says that the judge maintains an active Twitter account and requested the committee's advice concerning the judge's continuing use of Twitter.

In the Financial Post «s Legal Post section from August 2nd, Mitch Kowalski notes Oklahoma's Judicial Ethics Advisory Panel released an opinion on judges and social media in that state on July 6, 2011.

This database provides the most extensive collection of judicial opinions and arbitral awards from around the world in the field of international commercial arbitration.

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.»

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

Ironically, however, in the ECJ context, it is the absence of dissent that is thought to preserve judicial independence, as a single collegiate opinion is said to shield judges from national political pressures.

The more inquisitorial character of the proceedings emerges from the regulations governing criminal expert opinions: in most countries, the criminal court may appoint a judicial expert of its own motion and is not bound by the requests of the parties (England again being an exception on the last point where all the parties are agreed).

Thus it will be seen by these quotations from the opinion that the court, after stating the question it was about to decide in a manner too plain to be misunderstood, proceeded to decide it, and announced, as the opinion of the tribunal, that in organizing the judicial department of the Government in a Territory of the United States, Congress does not act under, and is not restricted by, the third article in the Constitution, and is not bound, in a Territory, to ordain and establish courts in which the judges hold their offices during good behaviour, but may exercise the discretionary power which a State exercises in establishing its judicial department and regulating the jurisdiction of its courts, and may authorize the Territorial Government to establish, or may itself establish, courts in which the judges hold their offices for a term of years only, and may vest in them judicial power upon subjects confided to the judiciary of the United States.

There's 255 million documents in the Fastcase and Docket Alarm databases, and so, we have a ton of information about judges or law firms or clients, and so armed with the kind of whole legal database of judicial opinions and statutes, all of the motions and pleadings from the Docket Alarm database and then all of the metadata about filings in PACER, what the pace of things were, when they happened.

Each law firm is distinctive and can choose to upload data to the secure AI Sandbox platform exclusively with firm insights, or collaborate, compare, and combine with other data sets, such as data derived from the Fastcase's leading collection of judicial opinions, statutes, or regulations, or structured metadata such as citation relationships or docket metadata from Docket Alarm.