Sentences with phrase «in concurring opinion»

Four justices also joined in a concurring opinion questioning so - called «patent trolls» and business methods patents, which could foreshadow future intellectual property showdowns in the nation's highest court.

Four Justices Question Patent Trolls and Business Methods Patents in Concurring Opinion San Francisco - The United States Supreme Court reversed a lower court decision in the controversial eBay v. MercExchange patent case Monday, invalidating a dangerous precedent that threatened free speech and consumers» rights.

MR. JUSTICE BRENNAN, in his concurring opinion, amplified the distinction between tax benefits and direct payments in these words:

In his concurring opinion Lord Justice Longmore said the Hastings - Bass rule was an example of the law «taking a seriously wrong turn».

In a concurring opinion, however, Circuit Judge Martha Craig Daughtrey states:

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.»

In a concurring opinion, the second judge in the majority lamented that the «disagreement over the outcome of this relatively simple case has morphed into a debate over the propriety of appellate courts supplementing the record with Internet research.»

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.

Judge Konduros, in her concurring opinion, recognized this.

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.»

As Justice Stevens stated in his concurring opinion in Glucksberg, «[t] he State has an interest in preserving and fostering the benefits that every human being may provide to the community — a community that thrives on the exchange of ideas, expressions of affection, shared memories, and humorous incidents, as well as on the material contributions that its members create and support.

But, as Judge Gruender noted in his concurring opinion, the question is not whether the Tax Court made the determination; Judge Gruender argued that the Tax Court did in fact make a determination that the partners» outside basis in the partnership was zero, but that this determination must be «determined at the partner level.»

As Chief Justice Michael Black noted in his concurring opinion,

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.

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.

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.

Judge Kovler expressed concern in his concurring opinion in Refah,

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.

In the words of Justice O'Connor, who wrote at length on this issue in a concurring opinion, the secular options «need only be adequate substitutes for religious schools in the eyes of parents.»

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

In a concurring opinion, Gorsuch noted that RFRA «doesn't just apply to protect popular religious beliefs: it does perhaps its most important work in protecting unpopular religious beliefs.»

Justice Breyer, in a Concurring Opinion in Joiner, cited AAAS as an appropriate organization to fill this role.

And if this was not clear enough, Justice Benin in his concurring opinion states clearly at page 35 of the judgment:

In a concurring opinion, Douglas went further in acknowledging how pluralism forces rhetorical change.

As Harlan argued in his concurring opinion in Welsh, however:

In a concurring opinion, Justice Arthur Goldberg warned that an «untutored devotion to the concept of neutrality» can lead to a «pervasive devotion to the secular and a passive, or even active, hostility to the religious.»

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.

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.

Stone held his peace in public, but Justice Frank Murphy published a concurring opinion, emphasizing that religious freedom was what Barnette was truly all about.

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.

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.»

Atuguba JSC concurring opinion in the case of John Ndebugre v Attorney General & Aksa Energy.

Justice Samuel Alito delivered an opinion that concurred in part and dissented in part with the majority 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.»

Then Gorsuch issued an opinion concurring with his own majority opinion (a nifty move I may emulate sometime), calling out the «elephant in the room,» namely, the Chevron doctrine.

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:

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.»

If you drive in the UK at all, you would concur with the majority opinion that driving a manual car in UK traffic sucks goatnuts.

Tolle took the matter to the Supreme Court, which concurred with the lower court's ruling and issued its own opinion in early 1973.

It was truly enjoyable to read a Phrynne set in Sydney, especially at my old Alma Mater, the University of Sydney, and I wholly concur with Brazell's opinion of missionaries.

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

The Museum's name, logos or symbols, or photographs of the Museum and grounds or its collections must not be used to assert or imply the Clyfford Still Museum endorses any commercial product or enterprise, concurs with the opinions expressed in, or confirms the accuracy of any text used with these photographs.

And, while interested observers may be equally as divided in their opinion of the settlement, most should concur that it amounts to a step (or nudge) in the right direction.

We concur in your opinion about wind power.

Kaimipono Wenger at Concurring Opinions discusses the conversion option in further detail.

Professor Daniel Solove has his annual report on the state of law professor blogging in this post at Concurring Opinions.

Timothy Zick addresses this issue in this post at Concurring Opinions.

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.