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In the last twenty years, the veil of secrecy surrounding the workings of the United States Supreme Court has been lifted. Justice Thurgood Marshall's controversial decision to make his papers available to the public ushered in a new era of openness about the operation of the Court--but not without criticism from Chief Justice William H. Rehnquist. The Unpublished Opinions of the Rehnquist Court provides a behind-the- scenes look at the Supreme Court, showing how changes between the drafts and the Justices' final opinions have created substantial differences in the outcome of the Court's decis
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"In Canada since 1875, courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of cases through a reference or advisory opinions. These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their "advice", and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience in other legal systems, this book considers how reference opinions draw courts into the complex relationship between law and politics. Focusing on key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon"--
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The 'Business Valuation Case Law Yearbook 2019 Edition' provides an in-depth analysis of business valuation case law. This resource compiles summaries and digests of court cases relevant to business valuation, offering insights into legal precedents and interpretations. It serves as a comprehensive guide for professionals involved in business valuation, legal practitioners, and scholars interested in the intersection of law and valuation practices. The yearbook aims to enhance understanding of case law impacts on valuation methodologies and standards.
Case. --- Legal opinions. --- Legal opinions
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This collection contains the most important separate opinions of Judge Loukis Loucaides , member of the European Court of Human Rights from 1998 until 2008. It collates a decade of disagreement with the Court's judgments by a judge with strong moral convictions about the interpretation of the Convention. His opinions were largely inspired by the legal principles he was dedicated to serving. Separate opinions offer valuable insight into different trends and schools of thought that inevitably influence the development of the Court’s case-law. Always eager, as he liked to say, “to call a spade a spade”. Judge Loucaides ' opinions reflect his unfettered commitment to human rights and make for interesting reading.
Human rights --- Judicial opinions --- Opinions, Judicial --- Legal opinions
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Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.
Dissenting opinions --- Judicial opinions --- Dissenters --- Opinions, Judicial --- Legal opinions --- Separate opinions (Dissenting opinions) --- Dissidents --- Nonconformists --- Rebels (Social psychology) --- Conformity --- Legal status, laws, etc. --- Law --- General and Others
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This book presents an empirical analysis of access to social advisory systems in Germany, particularly focusing on the theoretical and empirical approaches to social security systems. It explores the role of consultation as a mediator within these systems and examines different types of advisory processes, including translating, informing, and mediating. The aim is to understand the barriers and facilitators in accessing social security and to propose effective strategies for improvement. The book is intended for academics, practitioners, and policymakers interested in social security, legal capabilities, and the sociology of advisory systems.
Social security. --- Advisory opinions. --- Social security --- Advisory opinions
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Collection of quotations and judicial opinions of federal appellate judge Richard A. Posner.
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Judicial opinions --- Sotomayor, Sonia, --- Sotomayor, Sonia Maria,
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When judges disagree, those in the minority write a dissenting opinion. This book considers the great dissents in Australian law. Their worth may derive from numerous factors, including their rhetorical force as a piece of legal reasoning or emotive power as a judicial lament for the 'error' into which the majority has fallen; the general importance of the issue at stake; as a challenge to the orthodoxy; and, sometimes, the subsequent recognition of a dissenting opinion's correctness and its ultimate vindication. On some occasions, all these features may be strongly present, on others only some. Through a diverse selection of memorable dissenting opinions, this book illuminates the topic of judicial disagreement more generally - not only through examples of instances when minority opinions have been distinctly valuable, but by drawing out a richer understanding of the attributes and circumstances which lead some dissents to become iconic, while so many lie forgotten.
Law --- Dissenting opinions --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Separate opinions (Dissenting opinions) --- Judicial opinions --- History.
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America values dissent. It tolerates, encourages and protects it. But what is this thing we value? That is a question never asked. 'Dissent' is treated as a known fact. For all that has been said about it - in books, articles, judicial opinions, and popular culture - it is remarkable that no one has devoted much, if any, ink to explaining what dissent is. No one has attempted to sketch its philosophical, linguistic, legal or cultural meanings or usages. There is a need to develop some clarity about this phenomenon, for not every difference of opinion, symbolic gesture, public activity in opposition to government policy, incitement to direct action, revolutionary effort or political assassination need be tagged dissent. In essence, we have no conceptual yardstick. It is just that measure of meaning that On Dissent offers.
Government, Resistance to --- Dissenting opinions --- Judicial opinions --- Dissenters --- Dissidents --- Nonconformists --- Rebels (Social psychology) --- Conformity --- Separate opinions (Dissenting opinions) --- Legal status, laws, etc. --- Law --- General and Others
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