Search for: "In the Interest of D. M. (Dissenting Opinion)"
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5 Mar 2012, 6:00 pm
opinion, as well as to try to get my head around it. [read post]
22 Feb 2012, 1:30 pm
Likewise, shutting your eyes and ears to the legal dissent and concerns of others can also lead to disastrous consequences. [read post]
17 Feb 2012, 9:02 pm
Relying upon a dissenting opinion in the Ninth Circuit, the petition said that false statements of fact should receive First Amendment protection only when they are “derivative” of a kind of speech that the Amendment does protect. [read post]
6 Feb 2012, 3:33 am
(No, I’m not making this up.) [read post]
20 Jan 2012, 12:26 am
When I imagine the realistic options, I can imagine both a hypothetical majority opinion striking down the mandate that I would prefer to a hypothetical dissent upholding it and a hypothetical majority opinion upholding it that I would prefer to a hypothetical dissent striking it down. [read post]
17 Jan 2012, 8:17 am
Hint for those challenged since high school by multiple-choice tests: The answer is not (d). [read post]
13 Jan 2012, 3:27 am
That opinion was also 8-1, but this time it was Sotomayor dissenting. [read post]
11 Jan 2012, 7:32 pm
A lone dissent. [read post]
4 Jan 2012, 9:46 pm
I'd rather address an issue like this in federal court, where judges have more manageable dockets, have more support from law clerks and staff, are more accustomed to resolving legally complex motion practice, and (in my opinion) tend on average to have a higher level of professionalism. [read post]
20 Dec 2011, 4:11 pm
Marc Stephens is not an inherently interesting person. [read post]
16 Dec 2011, 11:52 am
P. 59.1, 60.2(d). [read post]
8 Dec 2011, 8:49 am
(See the ruling [pdf].)Even more than those dark moments, though, many of her opinions and dissents contain jaw-dropping pro-government assumptions that could be mined for anti-populist material that would make any good Tea-Party type cringe. [read post]
29 Nov 2011, 12:47 pm
But Clement notes that in her first term, Kagan only wrote majority opinions and dissents when they were assigned to her. [read post]
29 Nov 2011, 1:20 am
” In truth, however, the bill addresses a wish list for large corporate interests. [read post]
17 Nov 2011, 4:26 pm
Again, I think that's not the right rule, but the Court signed onto it (without dissent), and even if it's dicta and if the prior adjudications on Article III grounds were done in a summary fashion, that nonetheless tells you where the Court has previously stood.I'm nonetheless quite confident at least some justices would adopt precisely such a view. [read post]
16 Nov 2011, 8:24 am
”1 Only two years later, Supreme Court Justice Thompson said in his dissent to the seminal opinion in Wheaton v. [read post]
11 Nov 2011, 3:33 pm
In any case, though, if you’re interested in the subject, read the opinions, which are very interesting and accessible. [read post]
10 Nov 2011, 12:30 pm
Which is why the Supreme Court GVR'd the second opinion and sent in back to the Ninth Circuit, which then did what it did.Technically, I'm not sure that this is the panel's "Third Amended Opinion. [read post]
8 Nov 2011, 2:01 pm
I think these are all incredibly interesting and important questions in the abstract. [read post]
4 Nov 2011, 2:33 pm
We do this all the time, as humans, as lawyers, and even as judges (ever notice how opinions consistently read as though there is but a single answer to the questions presented, even over a strenuous dissent?). [read post]
