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Page "Benjamin Robbins Curtis" ¶ 11
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opinion and Cooley
In a concurring opinion, Michigan Supreme Court Judge Thomas M. Cooley in 1871 stated: “ ocal government is a matter of absolute right ; and the state cannot take it away .”

opinion and v
* 1938 – U. S. Supreme Court delivers its opinion in Erie Railroad Co. v. Tompkins and overturns a century of federal common law.
Group litigation survived in the United States only thanks to the influence of Supreme Court Associate Justice Joseph Story, who imported it in a rather mangled form into U. S. law through summary discussions in his two equity treatises as well as his famous opinion in West v. Randall ( 1820 ).
For example, Justice Harlan in 1896 Plessy v. Ferguson landmark Supreme Court opinion, wrote, ' There is no caste here.
" and Justice Souter's, whose opinion questioned how the Court could keep Everson v. Board of Education on as precedent and decide this case in the way they did, feeling it was contradictory.
In Scots Law, Davie v Magistrates of Edinburgh ( 1953 ) provides authority that where a witness has particular knowledge or skills in an area being examined by the court, and has been called to court in order to elaborate on that area for the benefit of the court, that witness may give evidence of his opinion on that area.
* Federal Republic of Germany v. United States, 526 U. S. 111 ( 1999 ) The opinion by the Supreme Court in the matter referenced in the article.
( However, pursuant to the majority opinion in United States v. Patane, physical evidence obtained as a result of pre-Miranda statements may still be admitted.
" Still, the House of Lords has remained reluctant to overrule itself in some cases ; in R v Kansal ( 2002 ), the majority of House members adopted the opinion that R v Lambert had been wrongly decided and agreed to depart from their earlier decision.
* United States v. Fullard-Leo ( Supreme Court opinion ; includes a history of the island's ownership )
In his widely cited dissenting opinion in Olmstead v. United States ( 1928 ), Brandeis relied on thoughts he developed in his Harvard Law Review article in 1890.
In Zelman v. Simmons-Harris, the opinion of the Court considered secular purpose and the absence of primary effect ; a concurring opinion saw both cases as having treated entanglement as part of the primary purpose test.
" Gitlow v. New York, greatly expanded Schenck and Debs but established the general opinion of the Court that the First Amendment is incorporated by the Fourteenth Amendment to apply to the states.
In Greenbelt Cooperative Publishing Association, Inc. v. Bresler,, the Supreme Court ruled that a Greenbelt News Review article, which quoted a visitor to a city council meeting who characterized Bresler's aggressive stance in negotiating with the city as " blackmail ", was not libelous since nobody could believe anyone was claiming that Bresler had committed the crime of blackmail and that the statement was essentially hyperbole ( i. e., clearly an opinion ).
More recently, in Milkovich v. Lorain Journal Co.,, the Supreme Court backed off from the protection from " opinion " announced in Gertz.
In Lovell v. City of Griffin,, Chief Justice Hughes defined the press as, " every sort of publication which affords a vehicle of information and opinion.
This happened in the majority opinion by Justice William O. Douglas in Griswold v. Connecticut, 381 U. S. 479, 484 ( 1965 ) which cited the amendment as implying a belief that an individual's home should be free from agents of the state.
In Youngstown Sheet & Tube Co. v. Sawyer 343 U. S. 579, 644 ( 1952 ), Justice Robert H. Jackson's concurring opinion cites the Third Amendment as providing evidence of the Framers ' intent to constrain executive power even during wartime: " hat military powers of the Commander in Chief were not to supersede representative government of internal affairs seems obvious from the Constitution and from elementary American history.
Justice Samuel Nelson wrote the opinion of the Supreme Court in The Justices v. Murray, 76 U. S. 9 Wall.
Justice Arthur Goldberg ( joined by Chief Justice Earl Warren and Justice William Brennan ) expressed this view in a concurring opinion in the case of Griswold v. Connecticut ( 1965 ):
Likewise, Justice Antonin Scalia has expressed the same view, in the dissenting opinion of Troxel v. Granville 530 U. S. 57 ( 2000 ):
On December 22, 2006, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit vacated its unanimous August 2006 opinion in Murphy v. Internal Revenue Service and United States.
( The New York case, Reno v. Shea, was affirmed by the Supreme Court the next day, without a published opinion.
The decision to emphasize the Copyright clause argument was based on both the minority opinion of Judge Sentelle in the appeals court, and on several recent Supreme Court decisions authored by Chief Justice William Rehnquist: United States v. Lopez and United States v. Morrison.

opinion and .
But I usually stick to the old phrase: ' Ich habe ein Amt, aber keine Meinung ( I hold an office, but I do not feel entitled to have an opinion ).
But the problem is one which gives us the measure of a man, rather than a group of men, whether a group of doctors, a group of party members assembled at a dinner to give their opinion, or the masses of the voters.
What is simply an opinion formed in defiance of the laws of human probability, whether or not it is later confirmed, has become by September of the election year `` a firm conviction ''.
All we want from Dr. Huxley's statement is the feeling that this is an open world, in the view of the best scientific opinion, with practically no directional commitments as to what may happen next, and no important confinements with respect to what may be possible.
Steele's main business here is to arouse public opinion to the immediate danger of a Stuart Restoration.
It purports to be a letter from Steele to a friend at court, who, in Miss Blanchard's opinion, could only be meant as Swift.
Luckily both women knew my position and if anyone suffered in their opinion it was not I ''.
They emerged as interchangeable cogs in a faulty but formidable machine: shaved nearly naked, hair queued, greatcoated, jackbooted, and best of all -- in the opinion of the British professional, Major Semple-Lisle -- `` their minds are not estranged from the paths of obedience by those smatterings of knowledge which only serve to lead to insubordination and mutiny ''.
Since Rhode Island at that time did not have such sanction, his opinion was not popular.
According to William Ringler's study, Stephen Gosson, the theater business in London had become a thriving enterprise by 1577, and, in the opinion of many, a thoroughly bad business.
They had my mother's opinion of him: that he was too sharp or a little too good to be true.
In fact, modern scholarly opinion in the main has not retreated all the way back to the destructive scepticism of the first half of the nineteenth century.
On the other hand, the consensus of opinion is that, used with caution and in conjunction with other types of evidence, the native sources still provide a valid rough outline for the English settlement of southern Britain.
The chancellor of the Exchequer wrote on the petition: `` in myn opinion it is very resonable and conscionable for hir maiestie to graunt in relief of this towne twise afflicted and almost wasted by fire ''.
The other reason ( and the one with which I am here concerned ) is that one thus becomes inclined to inquire of any opinion, or change of opinion, whether it represents the wisdom of experience or is only the result of the difference between youth and age which is as inevitable as the all too obvious physical differences.
Never once during the trying thirties did I come so close to succumbing to the private climate of opinion as to grant Russian communism even that most weasel-worded of encomiums `` an interesting experiment ''.
The reason is, I think, my awareness that my remarks last quarter on pacifism may well have served to confirm the opinion of some that my tendency to skepticism and dissent gets us nowhere, and that I am simply too old to hope.
We saw Giuseppe Berto at a party once in a while, tall, lean, nervous and handsome, and, in our opinion, the best novelist of them all except Pavese, and Pavese is dead.
Past polls of public opinion show popular favor for this policy.
In each city civic and education leaders have been working hard to get public opinion prepared to accept the inevitability of equal treatment.
The wisdom of granting such tax exemptions is another matter, but this particular instance is, in my opinion, completely satisfactory.
Ashamed of our wealth and power, afraid of so-called world opinion and addicted to peace, we have allowed our soft-heartedness to lead to soft-headed policies.
Taking account of the fact that such a move on our part would be unpopular in world opinion, he argued that the responsibility of the United States is `` to do, confidently and firmly, not what is popular, but what is right ''.
The current stereotype of straight news reporting was probably invaluable in protecting the press and its readers from pollution by that combination of doctored fact, fancy, and personal opinion called yellow journalism which flourished in this country more than a generation ago.

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