Sentences with phrase «judicial opinions which»

«In spite of this policy, employees working on publicly financed projects are presently receiving the prevailing wage due to judicial opinions which have undermined the law's original intent.

Not exact matches

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.

Both sides will benefit, Democrats would get Downstate (which in my humble opinion should be called the Commonwealth of New Amsterdam after the most progressive city in Europe and in reference to the city's history), a guaranteed two seats in the US Senate (+1 because Gillibrand did well Upstate in the last election, so 3 seats for the Democrats), guaranteed control of the Judicial, Legislative, and Executive branches, and the once in a lifetime opportunity to write a state constitution to their own liking (firearms rights applies only to military and police, right to choose for women, protections for LGBT New Yorkers, etc)

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.

Yesterday morning, the court released an opinion (PDF) denying the District's motion to vacate the consent order, which subjects the District's treatment of mentally disabled citizens to continuing judicial scrutiny, and dismiss the case.

This parenthetical pluralisation is indicative of the holistic manner in which the District Court either collates or conflates — depending upon whether one takes a charitable or uncharitable opinion of their judicial methodology — the different claims and the legal sources upon which they are predicated.

I'm usually able to see both sides of an argument, but here, honestly, I just can not understand the logic of the other side given the pervasive utilization in the legal profession of junior colleagues to write judicial opinions, briefs, motions, articles, letters, etc. on which senior folks sign off.

That the bill presents a case for judicial consideration arising under the laws of the United States and treaties made under their authority with the Cherokee Nation, and which laws and treaties have been, and are threatened to be still further, violated by the laws of the State of Georgia referred to in this opinion.

This article, which considers judicial perspective and audiences for opinions, is perhaps most appropriate for advanced seminars and courses in judicial process.

Justice Gorsuch wrote or joined two notable opinions relating to orders, which signaled his hostility toward judicial deference to administrative agencies.

The «how - to» materials will assist legal writers in improving their organization and legal analysis skills.14 The more theoretical works can be helpful in judicial process courses and seminars for law students and judges.15 Writings that explain the workings of chambers provide the context in which opinions are written and are useful for current externs, future and new clerks, and new judges.16

The book contains excerpts of articles and judicial opinions, which sometimes interfere with the text's structure and coherency.

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).

Indeed, more generally for AG Bot, the standard of judicial review in determining the legality of a «legislative» act was that of determining whether there was a manifest error (a theme which also underpins AG Bot's Opinion in Kadi II).

1279 (ALC)(AJP), 2012 WL 1446534 (S.D.N.Y. Apr. 26, 2012), in which he stated, «This judicial opinion now recognizes that computer - assisted review is an acceptable way to search for relevant ESI in appropriate cases.»

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.

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.

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).

«A diverse judiciary results in a broader range of perspectives, which is crucial in judicial decision - making,» write two other lawyers in an opinion piece in the Toronto Star newspaper.

In the literature, scholars have thus concluded that the setting of judicial remedies in the EEA is incomplete for the EFTA countries, as there is no binding preliminary reference procedure which would ensure one unitary authoritative interpretation of EEA law (see S. Magnússon, «On the Authority of Advisory Opinions», 13 Europarättslig tidskrift (2010) p. 528 at p. 535 - 536).

There is also «Massachusetts Supreme Judicial Court Slip Opinions,» which would have led me to the Social Law Library.

You decide which version of this judicial opinion a living, breathing, human being would want to read:

In his extensive post on Jottings by an Employer's Lawyer, Fox recommends reading the Court's 36 - page opinion, which «thoroughly... reviews the history of legislation designed to protect the employment rights of those serving in the uniformed services, along with its judicial construction.

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.»

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.

Expert opinions which are decided upon, or at least authorised, by a court or judicial authority may be termed judicial as compared with so - called private expert opinions arranged by the parties themselves.

The case involves private rights of value, and constitutional principles of the highest importance about which there had [p455] become such a difference of opinion, that the peace and harmony of the country required the settlement of them by judicial decision.

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.

Also in this section (pages 7 - 9 of the slip opinion), the Court applied what I would describe a «realistic litigator» analysis (which Justice Scalia often employs to reject claims of «future bad law» effects) to habeas lawyers» likely moves, and expressed the majority's «doubt that any more judicial time will be wasted» than would be the case under the dissent's alternative vision.

Concededly, the Judicial Branch website does provide prompt access to the original «slip opinions,» but these lack the editorial revisions that occur later during the publication process and also, of at least equal importance, they lack the volume and page numbers by which specific holdings of those cases must be cited in any subsequent legal proceeding.

[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.»

Recognizing good and bad legal writing, which includes showing them legal writing other than appellate judicial opinions;

Moreover, doctrinal entrenchment is particularly problematic in the FISA courts, where secrecy and institutional context indicate that outside efforts at doctrinal reform are less likely to be effective than they are with courts that publish their opinions.35 Unlike published opinions, secret opinions can not provoke the public into lobbying for a legislative override36 or judicial overruling37 — two important paths of legal reform.38 Perhaps to hedge against the risks of limited external oversight, FISA limits FISC and Court of Review judges to non-renewable, seven - year terms, 39 a provision suggesting that Congress envisioned a FISA court whose membership would be responsive to shifting factual circumstances and policy priorities.40 Stare decisis, which requires judges to adhere to interpretations of law that they might otherwise reject as unjust or unpersuasive, constrains these judges» ability to adapt to such factual and policy shifts.

Judicial opinions on when a child can be tried as an adult vary widely, and frequently depend on measures of children's physical development, contrary to international standards, which call upon states to make determinations of adult competence based on «emotional, mental and intellectual maturity,» and not the child's physical maturity.

For most of us, the citations to cases, statutes, and administrative regulations we encounter in a judicial opinion are no longer static information about the authorities on which the text rests but electronic pathways enabling immediate access to them.

«They must also avoid expressing opinions which, were it to become known that they hold judicial office, could damage public confidence in their own impartiality or in the judiciary in general.»

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»).

In a recent opinion piece, ACLU legislative counsel Neema Singh Guliani argues that the CLOUD Act sidesteps oversight from both the legislative and judicial branches, granting the attorney general and the state department too much discretion in choosing which governments the U.S. will enter into a data exchange agreement with.