Sentences with phrase «make judicial opinions»

Certain legal writing «experts» suggest that all citations be placed in footnotes in order to make judicial opinions more readable for the general public.

Not exact matches

«In 2012 alone over 250 judicial opinions — more than double the number in 2007 — cited defendants arguing in some form or another that their «brains made them do it,»» according to an analysis by Nita Farahany, a law professor and director of Duke University's Initiative for Science and Society.

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-...]

Noting that would add up to 67 percent of the estate's total value, the Massachusetts Supreme Judicial Court made no bones about its opinion on the fee request, saying that it represented «unnecessary lawyering.»

It would make a useful addition to the training of externs and clerks in a judicial opinion writing course.

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.

Again, the narrow focus of this article and its age would not make it useful in training externs and clerks in a judicial opinion writing course.

The seventeen - page section on preparing judicial opinions considers purpose and audience and makes recommendations regarding writing style, the drafting process, and editing.

It makes a thoughtful supplement to a text, excerpts, or articles on the skill of writing judicial opinions, writing from a judge's perspective, and learning about the audiences for opinions.

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.

The project aims to make judicial elections more transparent for journalists and researchers by creating online profiles of judges that show campaign contributions, judicial opinions and biographies.

Making distinctions like this between categories of decision - maker in substantive judicial review is, in my opinion, a step in the wrong direction.

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.

If the student understood how a judicial opinion was created, how legislation was produced, how administrative rules and regulations were made, then she could deal with these materials in any format.

Courts have a harder time making these distinctions because judicial conventions mandate that they give reasons to support their opinions, and what principled reason could there be for giving 50 of the 1,000 rights of marriage but not another 25 or 100 or all of them?

We're doing a decent job of that in Canada as our various jurisdictions make their legislation and judicial opinions increasingly available in digitized formats... [more]

Indeed, judges» personal opinions are presumed to be non-factors in judicial decision making as judges are charged to uphold the letter of the law regardless of their personal beliefs.

«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.

While the non-citation rule prohibits citation to any unpublished opinion, judicial notice pursuant to California Evidence Code section 452 (d)(1) may be made as to the «[r] ecords of any court of this state...» On its face, this statute allows judicial notice of any opinion of the Court of Appeal as a record of a court of this state.

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.»

I suspect that the Commission, after a few years of experience, will want and need to make significant revisions to eliminate many of these «bugs,» and I think that judicial sentencing opinions may be the best way to memorialize the problems requiring revisions.

(4) If the Judicial Council is of the opinion that the judge should be compensated, it shall make a recommendation to the Attorney General to that effect, indicating the amount of compensation.

Students will also practice basic lawyering skills to provide a taste of what they would do in law school or as lawyers, including reading and interpreting constitutional provisions, statutes, or regulations, reading and understanding judicial opinions, and mapping out and making basic forms of legal arguments.

(5) The judge, while a judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy.

For those interested in embedding opinion content into existing theories of judicial decision making... consider Yonatan Lupu & James Fowler's paper recently posted to the SSRN.

Simply put, judicial opinions «make law» when judges are bound by the doctrine of stare decisis to follow these opinions» reasoning in later cases.

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.»).

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.

BUT — I can think of at least one commenter on Pink Tape who makes valuable contributions from time to time but does so anonymously in order not to compromise his / her judicial impartiality, and at least one commenter on Pink Tape who does so quite openly, drawing on judicial experience to back up opinion.