Sentences with phrase «majority opinion in»

In a likewise manner, the FR approaches quite descriptively the ICJ's majority opinion in the Jurisdictional Immunities Case, without reference to the merits of the judgment.

Here is how the majority opinion in Heath starts:

Mr. Liskin assisted in drafting an Amicus Brief to the United States Supreme Court that was cited by the majority opinion in a First Amendment case.

In commenting on Trial Lawyers here, I said that not only does the reasoning of the majority opinion in Trial Lawyers «rest on shaky foundations» whose weaknesses are brutally exposed by Justice Rothstein's dissent, but they «leave some important questions» — questions about the limits of the constitutional principles that it applies — «unanswered».

The majority opinion in Trial Lawyers is a fairly abstract one, in the sense that its focus is very much on the legal issues.

And though the Justices ended up DIGing Joe Sullivan's case, the majority opinion in Graham used the facts of Joe Sullivan's case to justify its holding; I feel confident that SCOTUS granted cert on this issue in the first instance in large part because of the extraordinary advocacy efforts of EJI and Bryan Stevenson.

The majority opinion in Trial Lawyers, however, approached the Rule of Law somewhat gingerly, and insisted that it is not the main basis for its decision — though this was not enough to mollify Justice Rothstein, who claimed that

Notably, the majority opinion in Gall does not directly address this issue.

Here is how the majority opinion in McBride begins:

Here is how Justice Ginsburg concluded her majority opinion in McCoy v. Louisiana, decided yesterday by SCOTUS:

The legal commentator in question was none other than Supreme Court Justice Binnie, author of the majority opinion in Marshall, who it appears has now had a hand in reversing the tide he forecasted almost a decade ago.

What is striking about the majority opinion in Vassell is the failure to analyze the purpose of the speedy trial right.

«The start of the majority opinion in Gall Main Should the Vick and Black sentencings be postponed so the judges and lawyers can review Gall and Kimbrough?»

Judge Susan L. Carney, writing the majority opinion in which Judge Victor A. Bolden concurred, summarized the conclusion of the court that interpreting warrant to require a service provider to produce data from beyond the borders of the United States would require the court to disregard the presumption against extraterritoriality, at p. 6:

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King wrote the majority opinion in Positive Black Talk Inc., et al. v. Cash Money Records, et al..

Most tellingly, and unfortunately from the lovely Mr. Ball's point of view, the majority opinion in Rita was written by Justice Breyer, who also wrote the majority opinion in the remedial portion of Booker that expressly rejected adopting the BRD and / or jury determination standard for finding sentencing facts.

Find out why Volokh Conspiracy's Orin Kerr awards Justice Stevens «the most honest explanation of the origins of the Blakely revolution» for his part in the majority opinion in United States v. Booker.

According to the Seattle Times, Supreme Court Justice Richard B. Sanders (pictured) wrote the majority opinion in a case that capped a 12 - year quest by Armen Yousoufian to obtain documents from King County about public funding of Qwest Field.

A fine, flowing rhythm is also evident in the following passage from Justice William Brennan's majority opinion in New York Times v. Sullivan, which broadened press freedom by raising the bar a public figure must clear to establish defamation.

(Stevens had no majority opinion from that sitting; Rehnquist had two, and the other one was the majority opinion in the Miranda blockbuster Dickerson v. United States; and to my eyes at least, Stevens» dissent, with its detailed statement of facts, reads like a converted majority opinion.)

There's some circumstantial evidence that Justice Stevens was writing the majority opinion in Dale that would have held that the Boy Scouts did not have a First Amendment free association right to exclude gay scoutmasters, but lost the majority opinion to Chief Justice Rehnquist after one of the Associate Justices changed his or her vote.

Lincoln's oath of office was administered by of all people Chief Justice Roger B. Taney, who authored the majority opinion in Dred Scott.

Alice Woolley argued that he was, citing the opening paragraph of his majority opinion in Canada (Attorney General) v Igloo Vikski Inc..

The majority opinion in Marakah is a reaffirmation of digital privacy principles and policy for the twenty - first century by keeping the focus where it should be — on people and their conversations — and not on the physical places where they happen.

This is because Justice Sotomayor had issued a vigorous and well - received dissent in Croll, and because the majority opinion in Croll and its progeny had been severely criticized by commentators and by some courts.

For Hazard, who served as a law clerk to Justice William Brennan in 1973, the year he joined the majority opinion in Roe v. Wade, last week's decision stands in stark contrast to Brennan's struggle to separate his personal religious views from his responsibilities as a justice.

Nope... at least if you're one of the New York Appellate Division (First Department) justices who signed onto the majority opinion in Lawrence v. Miller.

After all, it was Justice Scalia who for years sought to have the residual clause in the Armed Career Criminal Act declared unconstitutional, something he succeeded in doing in his majority opinion in Johnson.

I decided to try another Scalia sample, the majority opinion in the 2008 Second Amendment case, District of Columbia v. Heller.

(See Scalia's majority opinion in Employment Division v. Smith.)

The majority opinion in science is almost always wrong in the 1st generation after a theory's conception.

I believe in AGW because it is (currently) the majority opinion in the science world.

It's simply Minnesota Majority — so named because the issues we choose to tackle are based upon the majority opinion in Minnesota according to our polling.

«It is crucial for a democratic society to provide all of its schoolchildren with fair access to an unsegregated education,» Ellen A. Peters, then chief justice of the state's High Court, wrote in the majority opinion in July 1996.

«The majority opinion in Montessori said nothing about whether a charter school could operate at more than one location, and as such, it necessarily stands for nothing as precedent on that issue,» Pellegrini wrote.

Justice Kennedy's majority opinion in the Inclusive Communities case endorses a limited, deferential understanding of disparate impact analysis, one that bears little resemblance to the demanding test created by the equity DCL.

The Supreme Court's majority opinion in the Cleveland voucher case, Zelman v. Simmons - Harris, was of course the most newsworthy aspect of the decision, but the dissents were no less revealing.

In the absence of legislation on assisted dying, we have to establish the right to a doctor - assisted death through the courts but we also hope that Paul's case will help to stimulate public debate on this issue, and convince Parliament to listen to the massive majority opinion in this country and legalise assisted dying.»

As Justice Powell explained in the majority opinion in Wayte v. United States 470 U.S. 598 (1985):

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.

As Scalia's dissent makes clear, the majority opinion in Lawrence epitomizes everything that is wrong with the contemporary Court» its arbitrariness, its contempt for democratic governance, its constant readiness to fashion new constitutional rights out of whole cloth.

Twelve years later, this «beau ideal»» known to philosophers as the utilitarian harm principle» found its way into the majority opinion in Lawrence.

Like many social conservatives, especially Christian ones, I spend a lot of my time reading and writing about religious freedom, especially how it might be affected by the legalization of same - sex marriage and the campaign for «gay rights» more generally.Yet at the same time, I harbor doubts about the position we are staking out.You see, I sometimes think that Justice Scalia's majority opinion in Employment Division v. Smith may have been correct.

Justice Kennedy concluded his majority opinion in Obergefell v. Hodges with this summary: Gay couples «ask for equal dignity in the eyes of the law.

Justice Harry Blackmun, who had been counsel for the Mayo Clinic, wrote much of the majority opinion in Roe at the Mayo Clinic library.

If majority opinion in the legislature favors some restrictions upon abortion, and there is no specific language in the Constitution on the subject, then «pro-choice» forces have to invoke something very much like a natural law duty to get their way.

Another man, who had taken pride in being «way out» in his views, found that his «way out» ideas were majority opinion in the congregation.

Notably, the «swing» voter helping to make up the majority opinions in Petrus and Simmons — both of which declare procedurally reasonable a sentence imposed in a procedurally questionable manner — both happen to be district judges sitting by designation.

As a result it is possible to find authority in the majority opinions in those two cases which treats liability for inducing breach of contract as unlawful interference with trade.