Sentences with phrase «members of court»

My sense is that Judge Posner's influential Troupe case sent things on the wrong course, and it will be interesting to see if the conservative members of the Court can find a way to make sense of the second clause of the statute without ruling in Ms. Young's favor.

Project results will be disseminated to members of the court system, pediatricians, caseworkers, educators, and mental health providers.

Members of the court will engage with their State and Territory counterparts and with their colleagues in the Federal Circuit Court and the Family Court of Western Australia.

«Six members of the Court... are in agreement that the common law of this country recognizes a form of native title which... reflects the entitlement of the Indigenous inhabitants, in accordance with their laws or customs, to their traditional lands», (1992) 175 CLR 1 at 15 per Mason CJ and McHugh J.

Three members of the court are younger than I am.

Speaking for all the members of this Court but one, Chief Justice Marshall disposed of the question by saying:

The members of the Court are:

(Dissent at 2, n. 1 — and check out the rest of the sentence for a casual swipe against the younger members of the court.)

Further, while it appears that some judges are more affected by certain types of interveners than other judges, the result from the indirect method that the members of the Court appear to be affected en masse is consistent with these results from the direct analysis.

The case report can be found at [2008] EWCA Civ 931, [2008] All ER (D) 58 (Aug) and, as the learned Yoda might have put it, Lord Justice May the leading judgment gave, and in agreement the other members of the court were (Lord Justice Scott Baker and Sir Peter Gibson).

This is so even if some of the members of the Court who endorse that legal principle dissent from the majority's disposition of the appeal.

A statement of a legal principle accepted by a majority of the S.C.C. constitutes the opinion of the Court with respect to that legal principle, even if some members of the Court endorsing that legal principle dissent from the majority's disposition of the appeal.

That is, if interveners are shifting judges in a more conservative or more liberal direction, it appears that interveners are shifting the members of the Court as a bloc or, alternatively, not so far or so differentially as to cause judges to occupy a different ranking in policy space vis - à - vis his or her colleagues on the Court.

It is also a perfect opportunity for the Supreme Court to comment on access to justice, a frequent and developing theme in speeches and papers given by members of the Court.

Table 10 isolates the Chief Justices» numbers from those of the other members of the Court and expresses each Chief Justice's top tenth judgments per year as a ratio of the other justices» top tenth judgments per year.

His first was R. v. Godin, 2009 SCC 26 (CanLII)-RSB-, I believe, since his installation on the court, and concurred in by all eight other members of the court.

Tom Tyler, one of the key figures in the field of procedural fairness, provides a concise overview for members of the court community in his article «Procedural Justice and the Courts.»

The other members of the court all signed Justice Scalia's opinion except Justice Ginsburg, who concurred separately.

It is also apparent that the practice among members of the Court of Appeal regarding reserved judgments is inconsistent.

While the ideology of the district judge may matter only modestly when viewed from a national perspective, if a Court of Appeals is «politically» homogeneous, then one can expect large differences in how district judges sentence in the circuit where the members of the court of appeals are simpatico as compared with how district judges sentence in a circuit where the members of the court of appeals lacks political homogeneity.

By the time that election comes, six of the nine members of the court will have been appointed by the current prime minister (and maybe more — there's always the occasional unexpected resignation before retirement age).

This was the approach taken by the two dissenting members of the Court, who would have allowed the appeal on the basis that there was some evidence that the cancers were caused by exposure to carcinogens in the workplace, and that WCAT had the exclusive right to weigh that evidence.

The Court's reduction of the punitive damages award from $ 100,000 to $ 15,000 could be taken, without too much reading between the lines, as some indication that some members of the court were somewhat skeptical --(I'm bowing to the spelling checker and not typing «sceptical», regardless of the homononym) of the merits of the claim that plaintiff was, in fact, misled.

The Chief Justice is chosen by members of the Court and serves a four - year term which can be renewed.

The DC Circuit does not announce how each judge votes when a request to rehear a case is filed, so, while it is likely that President Obama's four appointees disagreed with the legally doubtful reasoning in the two Republican judges» decision, no one except the judges themselves and some members of the court's staff are aware of how the court's members voted on this matter.

To the extent that Palmer suggests a generally applicable proposition that legislative purpose is irrelevant in constitutional adjudication, our prior cases — as indicated in the text — are to the contrary; and, very shortly after Palmer, all Members of the Court majority in that case joined the Court's opinion in Lemon v. Kurtzman, 403 U. S. 602 (1971), which dealt with the issue of public financing for private schools and which announced, as the Court had several times before, that the validity of public aid to church - related schools includes close inquiry into the purpose of the challenged statute.

Save in the case of compulsory retirement, Members of the Court of Auditors shall remain in office until they have been replaced.

Opponents claim it is a political move by the Republican controlled legislature to avoid giving the Democratic governor the power to fill interim vacancies set to occur as several members of the court are forced into mandatory retirement in the next few years.

As I noted here, opponents claim the bill is a political move by the Republican controlled legislature to avoid giving the Democratic governor the power to fill interim vacancies set to occur as several members of the court are forced into mandatory retirement in the next few years.

(d) After hearing and consideration en banc, the judgment of the majority of the members of this Court participating in the case shall be entered as the judgment of this Court.

Some members of the court have been seeking — directly or indirectly — to eliminate these battles by effectively abolishing correctness standard of review.

(b) Absent exceptional circumstances, all members of this Court shall participate in the en banc hearing unless disqualified for conflicts.

Even many members of the court do not always understand the true complexity of what they are facing.

The other members of the court (Simmons J.A. and Cronk J.A.) in separate concurring reasons, did not frame the proposition as broadly and cautioned that the jurisdiction to effect error correction will be precluded where it is tantamount to a reconsideration of the verdict or sentence or where issues of unfairness or injustice to the accused or reasonable apprehension of bias arise: (per Cronk J.A. at para. 60).

He also identified the direct and indirect ways that magistrates» independence was being compromised, while providing strong evidence in support of all members of the Court being legally trained before appointment.

When an individual, group or body is given leave to intervene in a case, they usually submit a written argument (called a factum) and are also given permission to make a brief oral submission to members of the court.

In addition to members of the Court, panelists can include judges from courts other than the Ontario Court of Justice, academics, lawyers, and experts from various professions.

It is true that various Members of this Court have taken different views of the authority § 5 of the Fourteenth Amendment confers upon Congress to deal with the problem of racial discrimination, and the extent to which courts should defer to Congress» exercise of that authority.

If we defer to political authority, there can be none higher than the three branches of the legislative power; if to judicial authority, the highest is the solemn judgment of the members of the court, in which is vested the supreme judicial power of the state.

Considering the discussion about Justice Thomas and his influence on other members of the Court, I thought I would pass along that last night ABC's Nightline had a well - done story on Thomas and his personality on the Court.

The members of the Court of Appeal also overturned the trial judge's acceptance of the «peer defence».

By a 2:1 majority the members of the Court of Appeal concluded [contrary to the trial judge] that it would.

In the Dixon decision all three members of the Court confirmed that for «awareness «of the above facts to arise, there, in effect, had to be a solid foundation / justification for belief.

With the seeming exception of only Justice Ruth Bader Ginsburg, and the possible added exception of Justice David H. Souter, members of the Court showed little to no sympathy for opening up a broad new category of liability to investors.

concurring) wrote, in Part III, «[A] ll members of the Court agree that the patent application at issue here falls outside of § 101 because it claims an abstract idea.»

If Sen. Patrick Leahy has his way, Souter, and any other retired justice, could be a special guest star for future cases where one of the active members of the Court has to recuse himself (or herself) because of a conflict of interest.

54 From time to time there have been statements of some members of this Court that have been taken to suggest that other courts are bound by this Court's considered ruling on a point of law, even a point not strictly necessary to the conclusion.

However, by following the advice provided by the few helpful members of the court staff I could find, I have instead followed this process:

It is also plausible to assume therefore, that the technology could serve to focus the efforts of the case on specific areas which are highlighted through the use of the software, potentially altering the requirements for any follow - up investigation work and maximising operational efficiency for all members of the court, from jurors to barristers and judges.

The legislature shrank the size of the Court of Appeals, in advance of three Republican members of the court reaching the mandatory retirement age.