Not exact matches
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.
In May 2017, the Maine Supreme
Judicial Court
issued an advisory
opinion finding that the law's provisions applying to general elections for state legislators and the governor violated the state constitution.
In May 2017, the Maine Supreme
Judicial Court
issued an advisory
opinion finding that the law's provisions applying to state lawmakers and the governor violated the state constitution.
«The majority
opinion turns entirely on procedural
issues and did not address the trial court's findings that the constitutional rights of LAUSD's students would be violated without
judicial intervention,» Sapp said.
(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opinion, or approval is amended, rescinded, or determined by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.
That question is very much in debate in Massachusetts, where a proposed change in the Code of
Judicial Conduct would broaden the current rule to allow a judge to provide additional explanation for a decision at any time after
issuing it — a so - called second - chance
opinion.
Meanwhile, Brownstone remains cognizant of
judicial ethics and is careful not to express
opinions on the
issues he and his guests discuss.
Recognizing this, the ABA
issued its
Opinion 462 to address existing Model Code of
Judicial Conduct provisions and their application to judges online.
It was not long after that when U.S. Magistrate Judge Andrew J. Peck
issued the first - ever
judicial opinion approving the use of TAR, Da Silva Moore v. Publicis Groupe.
Rather, everyone understands that such practices are de rigueur because the senior folks are simply way too busy handling other senior - level tasks to undertake the very time - consuming process of researching all of the relevant facts and legal
issues pertinent to a
judicial opinion, legal brief, or law journal article, and crafting all that raw material into persuasive prose.
The chapter not only provides a useful summary of
opinion structure and writing process, it contains theoretical underpinnings by focusing on the
issues of
judicial constraint, candor, and reasoning facing judges.
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 legal
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 legal
judicial determination, provided research assistance, and drafted
opinions and orders on a wide array of legal
issues.
Among e-discovery practitioners, it was a major milestone last year when U.S. Magistrate Judge Andrew J. Peck
issued Da Silva Moore v. Publicis Groupe, the first
judicial opinion expressly approving the use of technology - assisted review.
This article, aimed at judges, looks at
issues of the style and substance of
judicial opinion writing through the lens of
judicial ethics.
Professor Kimble, the champion of plain language, advocates that judges make more extensive use of «deep
issue» summaries / thesis statements at the beginning of
judicial opinions.
It also addresses the
issue of the audience for
opinions, making the article appropriate for
judicial opinion writing courses.
Excerpts on the decision to publish and whether to
issue summary affirmances might be helpful in training externs and clerks in a
judicial opinion writing course to give the students background in some of the decisions judges must make in addition to how to decide cases and write the
opinions.
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.
[The Massachusetts Supreme
Judicial Court] is one of only five state high courts that still
issue opinions in Courier.
Two years ago, it was big news in the world of e-discovery when U.S. Magistrate Judge Andrew J. Peck
issued the first
judicial opinion expressly approving the use of predictive coding.
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.
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.
Eight advisory
opinions were
issued, and the staff authored three ethics guides on the subjects of succession planning for lawyers and law firms, the ethical obligations of lawyers who are changing law firms, and considerations for lawyers who are leaving the practice of law to take
judicial office.
The
judicial branch interprets and applies the law and sometimes provides an advisory
opinion to a government, on a major legal
issue, when asked.
The Court's decision settled diverging
judicial opinions on this
issue, but only in the context of SEF 44.
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 sought
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 sought
judicial interpretation by the office which is being sought.»
In addition to the recent ABA Ethics
Opinion taking a generally pro-social-media tone, two new
judicial ethics advisory
opinions have been
issued for federal and state judges.
Second, the Arizona
Judicial Ethics Advisory Committee
issued Opinion 14 - 01 in May.
First, it Summary E-memo assignments rely on the same underlying research sources as the larger assignment — which, in the first - year curriculum, means predominantly
judicial opinions.39 Second, because the Summary E-memo involves the same legal
issues as the larger assignment, the type of legal reasoning involved mirrors the type of legal reasoning required for the larger writing project.
www.ija.org Contains ethics advisory
opinions issued since 1993 concerning the
Judicial Code
But because of the
judicial emergency, the Third Circuit's active judges are now playing a radically smaller than normal role in shaping its precedent: four out of the last five CA3 published
opinions were
issued by panels with a single active judge and two senior judges.
Justice Antonin Scalia's majority
opinion stated the rule was not «narrowly tailored» to preserve
judicial impartiality because it focused on
issues instead of on particular litigants.
[11] The American Medical Association's Council on Ethical and
Judicial Affairs has
issued an
opinion stating, «The physician should not reveal confidential communications or information without the express consent of the patient, unless required to do so by law [and] subject to certain exceptions which are ethically and legally justified because of overriding social considerations.»
See, e.g., Benjamin N. Cardozo, The Nature of the
Judicial Process 57 - 58 (1921)(«Stare decisis is at least the everyday working rule of our law... [A judge makes law through
issuing opinions because] in fashioning [the law for the parties to a case], he will be fashioning it for others.»).
AMA Council on Ethical and
Judicial Affairs, «
Opinion E - 5.05: Confidentiality,»
Issued December 1983, Updated June 1994.
Contents: Writing
judicial opinions To write or not to write Reaching and justifying the decision: a distinction with a difference Judicial declaration of public policy The outline of your opinion Jurisdiction and standards of review Orientation paragraph Summary of issues Statement of facts Writing the reasons for the d
judicial opinions To write or not to write Reaching and justifying the decision: a distinction with a difference
Judicial declaration of public policy The outline of your opinion Jurisdiction and standards of review Orientation paragraph Summary of issues Statement of facts Writing the reasons for the d
Judicial declaration of public policy The outline of your
opinion Jurisdiction and standards of review Orientation paragraph Summary of
issues Statement of facts Writing the reasons for the decision.
The
issue first arose in 1985 when Lexis announced its intention to add volume and page numbers drawn from the National Reporter System of the then West Publishing Company to its database of federal and state
judicial opinions, not merely the page numbers on which decisions began but the page - breaks within them necessary for pinpoint citation («star pagination»).
Analyzing legal
issues, search statutes, prepare briefs,
opinions, decisions, and other sources for presenting oral argument at
judicial proceedings