Help


[permalink] [id link]
+
Page "European Court of Human Rights" ¶ 21
from Wikipedia
Edit
Promote Demote Fragment Fix

Some Related Sentences

Court's and judge
Much praise was heaped upon the appointment of an American judge, despite the fact that the United States had not become a signatory to the Court's protocol, and it was thought that that they would soon do so.
President Benjamin Harrison instead picked Michigan judge Henry Billings Brown, who would later write the Supreme Court's opinion upholding " separate but equal " racial segregation in Plessy v. Ferguson, 163 U. S. 537 ( 1896 ).
The District of Kansas was created in 1861, replacing the territorial court that preceded it, and President Abraham Lincoln appointed Archibald Williams as the Court's first judge.
On 30 May 2007, the Pravoberezhny Court's judge granted an amnesty to them.
The Immigration and Refugee Protection Act states that the Federal Court's decision can be appealed " only if the judge certifies that a serious question of general importance is involved and states the question ".
Philippe Kirsch, OC, QC ( born April 1, 1947 ) is a Canadian lawyer who served as a judge of the International Criminal Court from 2003 to 2009 and was the Court's first president.
Following the decision, some legal scholars disagreed with the Supreme Court's decision: " If the U. S. Supreme Court rules that an ' appearance of impropriety ' such as to require recusal by a judge may be determined by forces external to the judge's own conscience ... it will place our system on a slippery slope that knows no boundaries.
However Manson's curious criticsm ignores the express content of the Supreme Court's decision, as the following shows: McIntyre, after discussing the criminal law application of recklessness with respect to mens rea, quotes the trial judge:

Court's and respect
Prior to the Supreme Court's decision in Pollock v. Farmers ' Loan & Trust Co., all income taxes had been considered indirect taxes imposed without respect to geography, unlike direct taxes, that must be apportioned among the states according to population.
From his days in counter-intelligence during World War II, Powell had developed a great respect for the need for government secrecy, a concern he also urged on his colleagues during the Court's consideration of 1974's United States v. Nixon.
* With respect to Title V of the BCRA, Justice Breyer wrote the Court's opinion.
* The Chief Justice, joined by Justice Kennedy and Scalia, issued a 15-page dissent against the Court's opinion with respect to Titles I and V of the BCRA.
In an alternative opinion, Justice Antonin Scalia objected to the Court's consideration of the case with respect to the Taxpayer Relief Act, finding no party in the case with standing to challenge it.
The Court's " commitment to Apprendi in this context reflects not just respect for longstanding precedent, but the need to give intelligible content to the right of jury trial.
" Before the Court's decision in Booker, ยง 3742 ( e ) had instructed appellate courts to determine whether a sentence was " unreasonable " with respect to the Guidelines range.

Court's and dissenting
Indeed, Chief Justice William Rehnquist repeatedly criticized the Court's invention of corporate constitutional " rights ," most famously in his dissenting opinion in the 1978 case First National Bank of Boston v. Bellotti.
These lists contain detailed tables about each term, including which Justices filed the Court's opinion, dissenting and concurring opinions in each case, and information about Justices joining opinions.
The dissenting minority held that this example of the Warren Court's policy of incorporation at the local-government level exceeded the Court's constitutional authority.
On April 3, 2006, the Supreme Court declined, with three justices dissenting from denial of certiorari, to hear Padilla's appeal from the 4th Circuit Court's decision that the president had the power to designate him and detain him as an " enemy combatant " without charges and with disregard to habeas corpus.
Douglas, joined by Black, furthered his advocacy of a broad reading of First Amendment rights by dissenting from the Supreme Court's decision in Dennis v. United States ( 1952 ) affirming the conviction of the leader of the U. S. Communist Party.
In 1898 Harlan joined Chief Justice Fuller's dissent in United States v. Wong Kim Ark, dissenting from the Court's holding that persons of Chinese descent born in the United States were citizens by birth.
Finding support in this position from two other justices ( William J. Brennan and William O. Douglas ), Goldberg published an opinion dissenting from the Court's denial of certiorari in a case, Rudolph v. Alabama, involving the imposition of the death penalty for rape, in which Goldberg cited the fact that only five nations responding to a UN survey indicated that they allowed imposition of the death penalty for rape, including the U. S., and that 33 states in the U. S. had outlawed the practice.
Despise the fears of progressives, Stone quickly joined the Court's " liberal faction ," frequently dissenting with Justices Holmes and Brandeis and later, Cardozo when he took Holmes ' seat, from the majority's narrow view of the police powers of the state.
" In Dred Scott, neither Taney nor dissenting Justice Curtis mentioned or relied upon the Court's previous discussion of due process in Murray, and Curtis disagreed with Taney about what " due process " meant in Dred Scott.
The application of the Court's decisions in these cases is not inconsistent with the fact that the other two justices in the Hamdi majority, as well as two of the dissenting justices ( Scalia and Stevens ) were even more restrictive in their willingness to concede any of the detention powers requested by the government for Guantanamo detainees in the Hamdi case.
William O. Douglas delivered the Court's opinion, with Felix Frankfurter dissenting in part, arguing the Court should have left all of the decree intact but its arbitration provisions.
Justice White wrote a " dismayed " dissenting opinion, asserting that the Court's application of the act of state doctrine was too rigid-more so, in fact than the doctrine as applied by other countries.
Justice John Marshall Harlan wrote a separate opinion concurring in the result, but dissenting in the Court's adoption of the rule of reason.

Court's and opinions
It is not in any sense a judgement ... hence it is not in any way binding on any state ", while Charles de Visscher argued that in certain situations, an advisory opinion could be binding on the League of Nations Council and, under certain circumstances, some states ; M. Politis agreed, saying that the Court's advisory opinions were equivalent to a binding judgment.
The Court's replies to these consultations are published separately from its contentious judgments, as advisory opinions.
Due to his ability to shape a wide variety of opinions and " bargain " for votes in many cases, he was considered to be among the Court's most influential members.
Stewart wrote the Court's opinions in 1972's Sierra Club v. Morton and 1973's United States v. SCRAP, broadly laying out the requirements of standing in federal actions.
* Full text of the Court's opinions in Hamdi v. Rumsfeld at FindLaw
The Reporter of Decisions of the Supreme Court of the United States is the official charged with editing and publishing the Court's opinions both when announced and when they are published in permanent bound volumes of the United States Reports.
The case arose out of the printing of the Supreme Court's own opinions.
* First Amendment Library entry on Free Exercise Clause ( with links to all of the Supreme Court's Free Exercise opinions )
These opinions are non-binding, but Pieter H. F. Bekker has argued that this non-binding character does not mean that advisory opinions are without legal effect, because the legal reasoning embodied in them reflects the Court's authoritative views on important issues of international law and, in arriving at them, the Court follows essentially the same rules and procedures that govern its binding judgments delivered in contentious cases submitted to it by sovereign states.
The Supreme Court, however, unanimously ruled against him in Hirabayashi v. United States ( 1943 ), albeit with three Justices filing separate opinions that concurred with the Court's decision only with certain reservations.
The site live blogs as the Court announces opinions and grants cases, and has information on the Court's actions published before the either Court or any other news source does.

Court's and noted
Cohens v. Virginia,, was a United States Supreme Court decision most noted for John Marshall and the Court's assertion of its power to review state supreme court decisions in criminal law matters when the defendant claims that their Constitutional rights have been violated.
In doing so, the Eleventh Circuit relied upon the Supreme Court's recent Ashcroft v. Iqbal decision in addressing the adequacy of the complaint, which has must have " facial plausibility " to survive dismissal, and noted that Rule 8 of the Federal Rules of Civil Procedure demands " more than an unadorned, the-defendant-unlawfully-harmed-me accusation.
Smith took up the cause, as a noted religion scholar and, with his help in 1994, Congress passed the American Indian Religious Freedom Act Amendment, basically overturning the Supreme Court's decision.
In J. L .- J., the Court took a look at the development of U. S. law in this regard, noted the U. S. Supreme Court's reject of the Frye standard and its replacement with the Daubert Standard.
* Cohens v. Virginia, a U. S. Supreme Court decision most noted for the Marshall Court's assertion of its power to review state supreme court decisions in criminal law matters
Among the distinguishing features the court noted were the dissimilarity between state laws governing marriage licenses in Baker and the federal DOMA and bankruptcy code in this case as well as the possibility that the Supreme Court's decision in Lawrence v. Texas ( striking down Texas ' sodomy statute ) marked a shift in the Court's " analysis of same-sex conduct.

0.568 seconds.