Sentences with phrase «one's concurring opinion»
Four Justices Question Patent Trolls and Business Methods Patents in Concurring Opinion San Francisco - The United States Supreme Court reversed a lower court decision in the controversial eBay v. MercExchange patent case Monday, invalidating a dangerous precedent that threatened free speech and consumers» rights.
eff.org
My colleague Carolyn Elefant wrote about Wikiscanner here on Aug. 20, picking up on Dave Hoffman's post at Concurring Opinions in which he found large law firms editing Wikipedia «to burnish their reputations and trash their competitors.»
Lord Bingham, Lord Hope, Lord Rodger, Baroness Hale and Lord Brown delivered concurring opinions.
MARSHALL, J., post, p. 457 U. S. 230, BLACKMUN, J., post, p. 457 U. S. 231, and POWELL, J., post, p. 457 U. S. 236, filed concurring opinions.
There's a discussion about the form that legal education should take (in the U.S.) going on over on Concurring Opinions.
from Concurring Opinions Over at the new and very engaging blog, LawCulture, Rosa Brooks writes: As a junior professor, I dutifully churned out law review articles to fill my tenure file.
The American group blog Concurring Opinions has posted A Guide to the Eight Most Suspect Types of Law Review Articles.
Not quite concurring, Daniel J. Solove at Concurring Opinions says that, given that the defendant won, the opinion may be seen as liberal.
(Earlier here, here, etc.) Justice Kennedy wrote a plurality opinion for three Justices, while Justice Scalia, joined by Justice Thomas, Justice Breyer, and Chief Justice Roberts wrote separate concurring opinions.
Earlier this week, The Volokh Conspiracy observed here that it is quite «common for legal blogs to use some legal phrase as their title, such as Concurring Opinions, Res Ipsa Loquitur,» and posed an amusing question to its readers:
UPDATE: Also be sure to check out Dan Filler at Concurring Opinions with Scooter Libby's Disabilities.
Note also that three Justices wrote concurring opinions expressing concern that other Supreme Court precedent requires courts to give a high degree of deference to a federal agency's interpretations.
Three concurring opinions for five judges agreed that the district court was correct, but declined to adopt the full breadth of the majority's reasoning.
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.
While we respect the views expressed in JUSTICE MARSHALL's concurring opinion concerning prosecutorial and judicial enforcement of our holding today, we do not share them.
For some discussion and review, see Concurring Opinions: Judge Posner's Troubling Call for Massive Surveillance.
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.»
Atuguba JSC concurring opinion in the case of John Ndebugre v Attorney General & Aksa Energy.
Kaimipono Wenger at Concurring Opinions discusses the conversion option in further detail.
Concurring Opinions breaks the story in this post, A Slow Day at the Office: Lawyers Editing on Wikipedia.
Daniel J. Solove at Concurring Opinions pronounces his post «the scoop of the year!»
Also, in the educational vein, Kaimipono Wenger at Concurring Opinions asks whether blogging can teach verbose lawyers to become better writers.
Given the way this case was decided, is it fair to say that this is a strong affirmation of it - of the five justices who joined Justice Kennedy's opinion, two of them did so only in part, and there were two different concurring opinions, and then two separate dissenting opinions.
JUSTICE STEVENS» concurring opinion recognizes no limitation on the ability of Congress to override state sovereignty in exercising its powers under the Commerce Clause.
'' The Bar Exam as a Theory of Law from Concurring Opinions Just in time for Bar Exam season, I have posted my short book review of the Bar Exam: The Multistate Bar Exam as a Theory of Law, 104 Michigan L. Rev. 1403 (2006).
'' Stealth Legislation from Concurring Opinions Want to pass a controversial law?
Circuit Judge Rosemary S. Pooler issued an interesting concurring opinion in which she writes, with regard to judges who issue opinions concurring in or dissenting from the denial of rehearing en banc, that «the case is not before them, and what they may say about it has as much force of law as if those views were published in a letter to the editor of their favorite local newspaper.»
Anybody who cares to submit concurring opinions, dissenting opinions, appendices, specifications, or other materials to this report will be invited to do so.
Presumably coincidentally, here in the U.S., Solangel Maldonado at Concurring Opinions considers whether current divorce laws unduly steer couples toward ending marriages rather than working through difficulties: «Given society's interest in marriage and all of the negative consequences of divorce, should law incentivize couples to repair the marriage after infidelity?
The issues have prompted countless articles and blog postings (some linked below) and law review articles at Harvard (via Concurring Opinions) and Ohio State.
The philosophy of this Duckworth concurring opinion, which the Court rejected, can alone support the holding and opinion today.
In the same article, because the transcripts are available, the reporter was able to point out that during argument Justice Breyer raised a question about whether a party's position wouldn't hinder the investigation of domestic abuse, something that cast useful light on his ultimate concurring opinion.
Main Concurring Opinions: Upcoming Online Symposium on Brandon Garrett's Convicting the Innocent»
Dan Solove, Deven Desai and David Hoffman of Concurring Opinions landed an interview with Battlestar Galactica creators Ron Moore and David Eick.
They also pointed to concurring opinions by two justices who questioned whether the ruling in the New Jersey case should apply to detainees held apart from other inmates.
WHITE, J., post, p. 100, and MARSHALL, J., post, p. 102, filed 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.