Sentences with phrase «judicial opinion as»

These days, a blog post is just as likely to garner a cite in a judicial opinion as a law review article.

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.)

The author, a judge on the United States Court of Appeals for the District of Columbia Circuit, addresses the audiences for opinions and explains judges» use of rhetoric in judicial opinions as a tool to stay within the constraints placed upon them by law, yet have some room to develop the law in certain ways.

He brings experience researching and writing judicial opinions as well as representing our clients both inside and outside central Ohio.

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.

«As I understand the various opinions today: One Justice holds that two - parent notification is unconstitutional (at least in the present circumstances) without judicial bypass, but constitutional with bypass; four Justices would hold that two - parent notification is constitutional with or without bypass; four Justices would hold that two - parent notification is unconstitutional with or without bypass, though the four apply two different standards; six Justices hold that one - parent notification with bypass is constitutional, though for two different sets of reasons; and three Justices would hold that one - parent notification with bypass is unconstitutional.»

Matthew referenced God's heart for the poor, prisoners, and justice for the oppressed, as recounted in Scripture and reflected in Gorsuch's judicial writings, including opinions on behalf of prisioners with disabilities and two victims claiming sexual harrassment.

Kennedy's opinion has been cited as authoritative in virtually every one of these judicial actions.

For example, in 1994 the Council on Ethical and Judicial Affairs of the American Medical Association issued an opinion holding that it is «ethically permissible» to use «the anencephalic neonate» as an organ donor, even though, as the Council recognized, under current law anencephalic babies are not dead.

But in keeping with Eugene V. Rostow's characterization of the contemporary Supreme Court as a «vital national seminar,» it is worth noting that the original charge to the Court was only that it render an aye or a nay.44 It quickly began handing down written opinions also, however, and under Marshall began the practice of trying for a single majority opinion, which gave «judicial pronouncements a forceful unity they had formerly lacked.

On this hill met the chief council of Athens, which served as a forum to appraise various opinions being given the people and also as a judicial body.

-LSB-...] Although the Supreme Court has not needed to directly address the subject of recall of Members of Congress, other Supreme Court decisions, as well as the weight of other judicial and administrative decisions, rulings, and opinions, indicate that

«A declaration that the 1st and 2nd defendants representing the United States of America in Nigeria are under absolute obligation to obey Nigerian laws both statutory and judicial so far as they are within the territory of Nigeria irrespective of their personal opinions.»

By combing through tens of thousands of published judicial opinions with the help of 17 law students and three undergraduates, using search terms such as «brain disorder,» «biological,» and «CT scan,» however, Farahany's team found that use of such evidence is growing for a wide range of violations including robbery, fraud, and drug possession.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

I urge you to buy the book, not so much because I need the money for my end of the case (which I do) but because when a sclerotic and dysfunctional judicial system co-operates with a cynical and fraudulent plaintiff in turning the DC courts into a 21st century version of trial by ordeal, it is more important than ever to push back by disseminating as widely as possible the opinions of him that Mann is trying to suppress.

The concern as to the half full glass is first to have an appreciation as to the size of the glass — or better yet — glasses — as one surveys the universe of judicial and agency opinions.

Every legal researcher has come across the phrase in a judicial opinion, «It is well settled that...,» or, «It is axiomatic that...» In 2014, I wrote about a prototype legal research website that mined opinions for instances of these phrases and made them searchable as a way of helping researchers find statements of -LSB-...]

It is submitted that the Opinion of AG Saugmandsgaard ØE reflects a common unease when it comes to the application of the traditional broad judicial interpretation of the State resources criterion, and may be regarded as pointing to a novel approach.

# 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.

With all of the hype surrounding Star Wars: The Force Awakens, it should come as no surprise that Star Wars references are seeping into judicial opinions.

He effectively uses two opinions as examples of poor and good style and stresses the importance of honesty and humility in judicial opinions.

Likewise, it is too brief to serve as the text of a judicial opinion writing course.

Application: Voice as Index of Deeper Structures of Meaning V. Conclusion I. Introduction When we read a judicial opinion, does it «sound» in a distinctive and recognizable way?

The author also shares a list of thirty - three items Judge Hopkins had compiled and distributed as «Notes on Style in Judicial Opinions» while a faculty member of Appellate Judges Seminars.

Prior to joining Haynsworth Sinkler Boyd, he served as a Judicial Clerk to the Hon. Joseph F. Anderson, Jr., Federal District Court for the District of South Carolina where he prepared briefs and memoranda in preparation for judicial determination, provided research assistance, and drafted opinions and orders on a wide array of legalJudicial Clerk to the Hon. Joseph F. Anderson, Jr., Federal District Court for the District of South Carolina where he prepared briefs and memoranda in preparation for judicial determination, provided research assistance, and drafted opinions and orders on a wide array of legaljudicial determination, provided research assistance, and drafted opinions and orders on a wide array of legal issues.

Judicial Externships could be used as a general overview of the judicial externship experience in an externship classroom component, but would need a supplement on writing opinions and bench memos for complete trJudicial Externships could be used as a general overview of the judicial externship experience in an externship classroom component, but would need a supplement on writing opinions and bench memos for complete trjudicial externship experience in an externship classroom component, but would need a supplement on writing opinions and bench memos for complete treatment.

The state and federal judiciary have organizations that specialize in training judges, such as the ABA's Appellate Judges Conference8 and the Federal Judicial Center.9 Both of these organizations provide seminars in judicial opinion writing and have published helpful references.10 The interest in judicial opinion writing courses in law schools has developed more recently.11 In fact, law professors teaching these courses have used material designed for judges and their law clerks, assigned readings, their own materials, or some combination of thesJudicial Center.9 Both of these organizations provide seminars in judicial opinion writing and have published helpful references.10 The interest in judicial opinion writing courses in law schools has developed more recently.11 In fact, law professors teaching these courses have used material designed for judges and their law clerks, assigned readings, their own materials, or some combination of thesjudicial opinion writing and have published helpful references.10 The interest in judicial opinion writing courses in law schools has developed more recently.11 In fact, law professors teaching these courses have used material designed for judges and their law clerks, assigned readings, their own materials, or some combination of thesjudicial opinion writing courses in law schools has developed more recently.11 In fact, law professors teaching these courses have used material designed for judges and their law clerks, assigned readings, their own materials, or some combination of these three.

Prior to joining the Firm, Janelle served as a judicial law clerk for Honorable Judge William Hughes, Hamilton County Superior Court in Indiana where she performed legal research in the preparation of memoranda, opinions, or orders for Judge Hughes concerning various cases before him.

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.

Nothing in the opinion of this Court, therefore, may properly be regarded as an adjudication on the merits of the constitutional issues presented by these cases, which raise the question of the validity not of the private agreements as such, but of the judicial enforcement of those agreements.

Though appointed judges write higher - quality opinions, according to the study, elected judges write many more, and thus, the professors attributed the difference in quality to volume (I would also argue that very generally, federal practice attracts more complex cases and a slightly higher quality of lawyer, which also contributes to the quality of the decision since in many cases, a judicial decision is only as good as the briefs on which it is based).

For exactly this reason, Advocate General Léger rightly advised in his opinion in the Baustahlgewebe case that the jurisdiction of the General Court must be understood «as not extending to actions for compensation relating to judicial acts of that Court itself» (para 70).

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?

He also notes that «the only search mechanisms generally taught in law school concern closed sets of materials, i.e., judicial opinions and other materials gathered by large publishing companies such as Westlaw or LexisNexis.»

These materials serve as a foundation for a more enriched case discussion than typically exists when the only source material is a judicial opinion.

There are forums for every court and judge in the federal judiciary, as well as forums for federal judicial nominees (here is the forum for John Roberts) and federal appellate court opinions.

L. Rev. 747 (2017); Brad Desnoyer & Anne Alexander, Race, Rhetoric, and Judicial Opinions: Missouri as a Case Study, 76 Md..

Those words, written in 1962, still ring true today, as any law student reading judicial opinions and any judge reading lawyers» motions and briefs can attest.

19th - and early - 20th - Century judicial opinions are also littered with man - ending nouns, which cemented the acceptability of some of these words as legal terms of art into the minds of impressionable law students.

Just as sports analogies, movie lines, and song lyrics have found their way into lawyers» briefs and judicial opinions, Star Trek and its intergalactic wisdom have permeated our jurisprudence as well.

Any person who issues a decision, gives an opinion, submits a report, addresses a case or proves an incident for the benefit or against a person, failing to maintain the requirements of integrity and impartiality, in his capacity as an arbitrator, expert, translator or investigator, appointed by administrative or judicial authority or selected by parties, shall be sentenced to temporary imprisonment.

As judicial opinions and statutes are added to the World Wide Web, it should be possible to use these search engines to find judicial opinions, statutes, and other legal materials based on a search of the words used in the materials, just like legal materials can be searched in Lexis or Westlaw.

As a result, I think lawyers are better off drafting specific, inarguable obligations, and leaving the word «fair» for judicial opinions.

A prime example is Formal Opinion 462, in which the ABA Standing Committee on Ethics and Professional Responsibility concluded that a judge may use social media so long as that use complies with the Code of Judicial Conduct.

First of all, the Court was not convinced by the Opinion of the Advocate General (AG) Jääskinen, who proposed that the judicial review of all decisions by the Petitions Committee must be precluded under Article 263 TFEU in so far as those decisions are not challengeable acts within the meaning of that Article.

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).

«Improper» covered conduct ordinarily justifying disbarment, striking off, suspension or other serious professional penalty and also conduct which according to the consensus of professional, including judicial, opinion could be fairly stigmatised as being improper, whether it violated the letter of a professional code or not.

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).

Last week, Legal Profession Blog reported on a Nov. 17 opinion of the Florida Judicial Ethics Advisory Committee concluding that judges may not «friend» lawyers who may appear before them on social networking sites such as Facebook.