Sentences with phrase «on concurring opinions»

(Speaking of zombies, if you want to read about zombie banks, check out this post on Concurring Opinions.)

In a post on Concurring Opinions, Gerard Magliocca asks an interesting question about what importance, if any, should attach to the fact that a constitutional provision invoked in a case has never been applied by the courts, or has not been applied in a very long time.

Professor Roark also writes for various national law blogs, having appeared on Concurring Opinions, The Faculty Lounge, Property Prof Blog and Commercial Law Blog, amongst others.

But much attention has focused on the concurring opinion written by Justice John M. Greaney and joined by Justice Roderick L. Ireland.

Not exact matches

The opinions collected here» some dissenting from the majority of the Court, others concurring in judgment but rejecting the majority's reasoning» show how Scalia applies his textualism to these issues, and how it differs from competing theories of interpretation, most notably the «living Constitution» view favored by many on the left and the varieties of intentionalism favored by many conservatives and moderates.

Challenging the Supreme Court's order at the African Court on Human and People's Rights in Tanzania, the lawyers of Woyome said: «The contention of the applicant is that following from the earlier concurring opinion to the decision of the review bench, the court can not be said to have been impartial.»

«Environmental advocacy organizations, including Riverkeeper, Scenic Hudson, NRDC, Sierra Club Atlantic Chapter, Hudson River Sloop Clearwater and many others have highlighted these widespread expert opinions on the cleanup and concur that more work needs to be done.»

Judge Malinverni, whose concurring judgment you quote, is actually disagreeing with the majority opinion on exactly the point at issue here.

On Oct. 1, the state Democratic Party's lawyer wrote to the Federal Election Commission seeking a legal opinion concurring with its contention that it could legally spend the federal campaign funds to help Malloy.

Samuel Casey, an attorney for the plaintiffs, said in a statement: «We are disappointed by the Court of Appeals decision and, given the reasoning in the two concurring opinions, we are evaluating whether and on what grounds our clients will be seeking certiorari before the United States Supreme Court.»

In the words of Justice O'Connor, who wrote at length on this issue in a concurring opinion, the secular options «need only be adequate substitutes for religious schools in the eyes of parents.»

Hey GTR, not sure that I remember that we were always on the same side of the line on that kind of opinion... but I'm happy to concur for ole time's sake...

I haven't seen enough of BioShock Infinite to form a strong opinion on the game itself, but I certainly concur with Levine's direction for the franchise.

This also goes against the idea of scientists» opinions being entirely based on objective analysis of the evidence, and concurs with previous studies that have shown scientists» opinions on topics to vary along with their political orientation,» writes survey author Neil Stenhouse of George Mason University.

This also goes against the idea of scientists» opinions being entirely based on objective analysis of the evidence and concurs with previous studies that have shown scientists» opinions on topics to vary along with their political orientation (Nisbet 2011; Rosenberg et al. 2010).

Professor Daniel Solove has his annual report on the state of law professor blogging in this post at Concurring Opinions.

Kevin O'Keefe of Lex Blog reports in this post (based on a tip from Concurring Opinions) that many law schools, such as University of Illinois, are featuring their marquee bloggers prominently on law school Web sites.

Because reliance on social media in job selection is becoming more prevalent, Daniel Solove of Concurring Opinions suggests that, at the very least, managers put candidates on notice that they intend to check their Facebook accounts.

-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.

Concurring Opinions breaks the story in this post, A Slow Day at the Office: Lawyers Editing on Wikipedia.

While Liptak says (in fairness, based largely on the quotes of others) that the increasing number of concurring opinions, including those in cases decided unanimously, tends to add a layer of confusion to the interpretation of the opinions, Kerr disagrees.

Although the majority based their conclusion on his right to peaceful enjoyment of possessions, the partially concurring and dissenting opinions and the judgment as a whole provide an interesting insight into the way freedom of conscience challenges are to be approached in a secular society where religion holds less sway than individual ethical positions on certain issues.

A more restrained, but still vivid example of a simile appears in a concurring opinion by Justice Robert H. Jackson, whose name almost always appears on lists of the Court's all time best writers.

In R. v. N.S. [2012] 3 S.C.R. 726, Justices Rothstein and Lebel referenced the living tree in their concurring opinion, but for the proposition that the living tree must grow «from its roots» and that the Constitution is rooted in its political and legal traditions — in other words, the emphasis was placed on the natural limits of growth.

And former Kozinski law clerk Circuit Judge Sandra S. Ikuta issued an opinion concurring in part (and by implication dissenting in part) in which she makes clear that, in her view, the Communications Decency Act should protect the web site from all claims asserted under the Fair Housing Act that are based on information supplied by the web site's users.

In a majority opinion authored by Ginsburg (Stevens concurred, Breyer recused), the Court found that the Compact did not give New Jersey exclusive jurisdiction over all riparian improvements commencing on its shores.

In my opinion it is stated briefly and accurately in the following passage in the judgment of Aylesworth J.A., concurred in by Robertson C.J.O., in Woodward v. Harris, [1951] O.W.N. 221 at p. 223: «Authority is not required in support of the principle that a driver entering an intersection, even although he has the right of way, is bound to act so as to avoid a collision if reasonable care on his part will prevent it.

Over at Concurring Opinions, Frank Pasquale posts here about blogger Tom Bell's skeptical view on the impact of blogs, expressed in this article from May 2006.

As Justice Stevens stated in his concurring opinion in Glucksberg, «[t] he State has an interest in preserving and fostering the benefits that every human being may provide to the community — a community that thrives on the exchange of ideas, expressions of affection, shared memories, and humorous incidents, as well as on the material contributions that its members create and support.

Nevertheless, the minority opinion, which provided much of the analysis on this issue, and with which the majority opinion concurred, went on to analyse the reasonableness of the monetary amount.

The Concurring Opinions intern will help us on projects ranging from law school rankings, to the next edition of the law professor blogger census, to upgrading the technical aspects of the site, to collecting legal stories of interest to our readers in an informative and interesting way.

Draft a blog post on why you deserve to be the Concurring Opinions Summer Intern.

CCD / CACL concur with Professor Montero's conclusion that an a posteriori control system, vague criteria in the hands of physicians with a wide range of opinion on AS / E [54] and a social ethos or philosophy based on autonomy prevailing over all other considerations mean it is «illusory to think [AS / E] can... be narrowly circumscribed.»

I also observed the concerns set out by a string of concurring opinions in the Supreme Court of Canada which caution against a blanket presumption of deference towards statutory interpretation by administrative tribunals of their home legislation and assert the need for deference to rest on a more principled foundation like demonstrated expertise or familiarity of the tribunal with that legislation.

For example, Madam Justice Deschamps wrote a concurring opinion in Alberta Teachers» Association on the view that judicial deference is based upon the principle of relative expertise or experience in a particular area, and thus a bare assertion of a presumption of deference simply because a statutory decision - maker is interpreting its home statute pays too little attention to whether the statutory decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (Alberta Teachers» Association at paras 82 — 89).

Thus far we have had 220 comments, as well as links from fellow blawgers such as Truth on the Market, the Volokh Conspiracy, Opinio Juris, Environmental Law Prof Blog, PropertyProf Blog, Workplace Prof Blog, Tax Prof Blog, Trial Ad Notes, Wills, Trusts & Estates Prof Blog, Fire of Genius, Patently - O, Unincorporated Business Law Prof Blog, CrimProf Blog, Concurring Opinions, Heafey Headnotes, Legal Research and Writing, the Legal Ethics Forum, and the Legal Profession Blog.

«Looking at the opinions the individual judges wrote last year (as distinct from judgments they simply signed on to without comment) Chief Justice McLachlin and Justice Charron were the most solid majoritarians in the sense that they did the least concurring and dissenting, both wrote a total of nine majority or unanimous opinions, and Justice Charron wrote more unanimous judgments than anyone else — five.»

Specifically, in his concurring opinion, Justice Stevens said, «It is important to observe that the balance Congress has struck turns, in part, on the nature of the state law that is being displaced by a federal rule.»

A concurring opinion by Justice John Paul Stevens means that the decision will most likely have to be applied on a case - by - case basis, looking at different types of statutes that states have enacted to place limitations on class actions.»

I concur with Apple's opinion on the ITC's position:

Main Concurring Opinions: Upcoming Online Symposium on Brandon Garrett's Convicting the Innocent»

The Author's Guild and the AAP sued — a post mortem on the now - defunct settlement proposal as a look toward a new proposal was performed by Matthew Sag at Concurring Opinions.

However AG opinions are usually highly influential on the court — though we'll have to wait to see whether the court concurs in this instance.

In the PCIJ advisory opinion on Railway Traffic between Lithuania and Poland, the two states had concurred in accepting a recommendation to «enter into direct negotiations as soon as possible» so as to establish «the good understanding between nations upon which peace depends» — theoretically a «result» obligation, but perhaps so broadly worded that it is dubious whether it could be enforceable.

Justice Thomas authored an opinion concurring with the main opinion but dissented on the upholding of the disclaimer and disclosure rules.