Sentences with phrase «with court opinions»

The Josiah Bartlett Center for Public Policy's comprehensive analysis demonstrates that a choice program is consistent with court opinions and permissible under the New Hampshire State Constitution.

Not exact matches

The suits are part of a group of at least four other cases with similar arguments in various courts around the country, and they make legal experts wary, particularly as the differences in opinion seem to indicate their destiny to go before the Supreme Court.

Court of Appeals Judge Eugene Pigott issued a separate opinion in the cases, concurring with the results but saying the state's definition of parenthood should properly be set by the legislature.

I know most bloggers today are consumed with the June avalanche of Supreme Court opinions and cert grants, but something interesting is afoot in the corporate law world (and more importantly the actual world).

The Supreme Court came up with a hackneyed opinion in Citizens United that grants free speech rights to non-human beings.

However, consistent with the Rollover Opinion's reliance on the Supreme Court decision of Varity v. Howe [1], many believed that an advisor engaged to provide plan - level fiduciary services, would not be acting as a fiduciary when acting in a wholly separate non-fiduciary capacity, such as selling personal rollover services unrelated to its status as a plan fiduciary.

In March of 2016, the District Court agreed with Walmart and in a 109 page opinion stated, «Puerto Rico's AMT, on its face, clearly discriminates against interstate commerce.»

Over the last three weeks or so, the Delaware Court of Chancery has issued three opinions of over 100 pages each in as many weeks, with one of those three being over 200 pages in length.

In short, unless the Court is prepared to think about this issue with greater care than was evinced by the Ninth and Second Circuits» and there is little in its opinions of late to suggest that it has the moral imagination to do so» the question will be not how far we slide down the slippery slope of legally sanctioned killing, but how fast.

This may come as a shock to you — BUT - evolution could not be proven beyond a reasonable doubt in court — if it is a «Law» of science and not a theory explain to me why Scientist in the same field have differing opinions theory has undergone massive changes since the 1850's when Darwin first came up with the THEORY — there are a lot of interesting similarities to true science which makes it sound so plausible, but it should sound good — After all the top scientist / humanists in the world promote it and they are all pretty smart

The opinions of the Oregon courts provide few details about exactly what Smith and Black did with peyote.

My own opinion is that the Obama administration will compromise and come up with some other option, lest this wind up before the Supreme Court where the religions are likely to win.

It's too bad that laws and courts must become involved with what used to be the simplest of lessons: Not everyone thinks the same way, but everyone is entitled to their opinions; if that kid won't play with you — or that baker will not make your cake — someone else will, so just kiss them up to God, and move on.

Portugal's Superior Magistrates Council, an oversight body, said it had taken note of the «vivid criticism from broad sections of public opinion», but added courts are independent and it could not intervene, even when faced with «archaic, inappropriate or unfortunate» comments by judges.

The Stenberg dissenters repeatedly cited and quoted Justice O'Connor's abortion opinions from the 1980s, in which she had criticized the Court for operating as «the nation's ex officio medical board with powers to approve or disapprove medical and operative practices and standards throughout the United States.»

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.

Virtually no one called for separation in the way that the Supreme Court understands it today: that legislation must evince secular purposes and effects, and foster no «excessive government entanglement with religion» (see Chief Justice Warren Burger's 1971 opinion in Lemon v. Kartzman).

If I read the «Opinion of the Court» correctly, all they are saying is that HHS must treat «closely - held» (e.g., family owned) businesses the same as they treat religious non-profit companies with respect to their beliefs about contraception / abortion if those businesses can show deeply held religious beliefs of the owners.

But in keeping with Eugene V. Rostow's characterization of the contemporary Supreme Court as a «vital national seminar,» it is worth noting that the original charge to the Court was only that it render an aye or a nay.44 It quickly began handing down written opinions also, however, and under Marshall began the practice of trying for a single majority opinion, which gave «judicial pronouncements a forceful unity they had formerly lacked.

The families of two children with cystic fibrosis who need new lungs but were ineligible for adult organs have successfully used the courts and public opinion to get their daughter and son on the

It is the court's opinion that a relationship with both parents serves the best interests of the child.

This conclusion is belied by the record, however, which shows that, contrary to the district court's assertion, a compositional difference does exist between milk from untreated cows and conventional milk («conventional milk,» as used throughout this opinion, refers to milk from cows treated with rbST).

I wished that the Chief Justice under this circumstances in my candid opinion could speak to the two members of parliament involved directly with signs of remorse especially when the merit of the case is NOT determined so that they can feel comfortable appearing before her in court otherwise this may NEGATIVELY affect the morale and confidence and trust of the two MPs in the process especially in the CJ going forward and it may lead to a discontinuation of the case since it's only dismissed on technical grounds but not on its merits.

Justice Anthony Kennedy continued a nearly two - decade history of siding with gay and lesbian Americans, writing the court's 5 — 4 opinion striking down Section 3 of the Defense of Marriage Act.

Capital appealed this denial on October 6, and sought an advisory opinion from Committee on Open Government Executive Director Bob Freeman, an independent state body charged with promoting transparency and offering advisory opinions that carry weight in court.

In October, US Senator John McCain described the Supreme Court's Citizens United ruling as the bench's «worst decision ever» — a difficult statement to disagree with, in my opinion.

If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union.

In the final days of his budget battle with the Legislature, Gov. Andrew Cuomo threatened lawmakers with the shutdown vs. extender bills option, saying he felt completely comfortable that he would win in the court of public opinion.

With the Supreme Court's decision to allow portions of Trump's travel ban, area travelers have a myriad of differing opinions

Onondaga County District Attorney Bill Fitzpatrick echoed Graf's opinion, arguing that sending kids to family court would not leave prosecutors with first discretion over handling a case, and could give kids a «pass» on criminal behavior.

At pages 22 to 23 the Court continued: «Accordingly, by way of answer to issues (2) and (3) we are of the opinion that although the presence of the names of ineligible and deceased persons on the register of voters renders same neither reasonably accurate nor credible, the register is not thereby rendered inconsistent with article 45 (a) of the constitution.»

This has been preceded by a flurry of media headlines, subjecting him to an open - air political trial and a trial in the court of NPP public opinion supported with earlier pressure from some leading Members of New Patriotic Party (NPP) on Government, to commence prosecution of former NDC Government appointees including Dr. Stephen Kwabena Opuni for alleged acts of corruption for over a year now.»

Albany, NY — On this week's show, Alan talks with the executive director of New York's School Boards Association, Tim Kremer, about the status of the state's public schools, the long - running Campaign for Fiscal Equity court case, and their opinions on Education Commisioner Richard Mills and NYC Schools Chancellor Joel Klein.

Writing for the majority opinion, Chief Justice John Roberts reasoned that the formula had «no logical relation to the present day,» leaving open the possibility that Congress could come up with a new formula the court would find appropriate.

DNR spokesman Bill Cosh said the opinion was being reviewed and that the agency will work with the attorney general's office on the next steps when the case goes back to circuit court.

Judge Robert Sweet, of the federal court in New York City, rejected the BRCA patents in a 156 - page opinion that sides with advocacy groups and medical organizations that sought to have the patents tossed out.

Wright and McCarten stage an entirely fictional scene in which the prime minister rides the London Underground and holds court with the common folk, asking their opinions of the war and whether Britain should hold fast in its resistance to the Nazi invasion.

Some who trouble to read the opinions in this case will find it ironic — perhaps even bizarre — that on the very day we heard arguments in this case, the Court's session opened with an invocation for Divine protection.

In his opinion for the court of appeals, Judge Edward Ferns ultimately found the district's formula for assigning classroom space to charter schools was consistent with the intent of Proposition 39.

For the most part agreeing with the opinion of the Chief Justice, I dissent from the Court's judgment invalidating Alabama Code 16 -1-20.1.

For its part, Pakatan Rakyat has brought a case against the Elections Commission before the High Court which is currently under review, accusing the elections body of gross incompetence, however international opinion has long since accepted the results and moved on, with both the United States and China accepting the result immediately following the poll in early May.

Individual liability insurance may be seen as being over cautious, or unnecessary, so I will end this article with an anecdote that involved the organiser of a group trip that was sued in the small claims court over what was effectively a difference of opinion about a suitable alternative when something went wrong on a trip.

While my own position as a jurist precludes me from linking his past opinions to cases currently pending before the Supreme Court or headed in that direction, I'll sketch out some features of his jurisprudence and describe specific decisions with relevance for education — and leave the prognosticating to others.

Alpha authorizers can show the way by having the courage to tackle the politics associated with closing underperforming schools and knowing how to document the facts in order to prevail in the court of law and public opinion.

It amounts to a breach of the government's obligations and that is what we are seeking the court to affirm, in line with overwhelming public and professional opinion.»

The appellate court agreed with the trial court's May 2016 opinion finding that Florida's system of free public schools satisfies constitutional requirements, and opined that plaintiffs» claims «either raise political questions not subject to judicial review or were correctly rejected on the merits.»

Consistent with NSBA's position as outlined in its «friend of the court» (amicus) brief, Justice Samuel Alito delivered the Court's unanimous opinion and found that the school officials in this case should not be viewed as law enforcement agents, and the statements made by the young child to the teachers were not given with the «primary purpose of creating an out - of - court substitute for trial testimony.&rcourt» (amicus) brief, Justice Samuel Alito delivered the Court's unanimous opinion and found that the school officials in this case should not be viewed as law enforcement agents, and the statements made by the young child to the teachers were not given with the «primary purpose of creating an out - of - court substitute for trial testimony.&rCourt's unanimous opinion and found that the school officials in this case should not be viewed as law enforcement agents, and the statements made by the young child to the teachers were not given with the «primary purpose of creating an out - of - court substitute for trial testimony.&rcourt substitute for trial testimony.»

«But even when successful, such suits still may not bring relief for the district, such as in Sumter County where a federal judge found fault with Alabama's funding system in an 800 - page opinion but also found the county was not entitled to relief from the court,» says Tuck.

A coalition of education groups led by the National School Boards Association and its Ohio affiliate had urged the justices to review a federal appeals court opinion that denied qualified immunity to an administrator who had reported to state authorities her suspicions that a 17 - year - old girl with an intellectual disability was being sexually abused at home.

But in ruling it is unconstitutional to fund operations of Type 2 charter schools with funds appropriated to the MFP for parish and city school systems, Fields noted that the appeals court sent the case back to him for further proceedings «consistent with this opinion.»