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Topic: Amicus Curiae Brief


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In the News (Fri 21 Nov 08)

  
  Amicus curiae - Wikipedia, the free encyclopedia
Amicus curiae (plural amici curiae) is a legal Latin phrase, literally translated as "friend of the court," that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.
Where a case may have broader implications, amicus curiae briefs are a way to introduce those concerns, so that the possibly broad legal effects of court decisions will not depend solely on the parties directly involved in the case.
A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable.
en.wikipedia.org /wiki/Amicus_curiae   (538 words)

  
 NACC Amicus Curiae Brief in Troxel v   (Site not responding. Last check: 2007-10-30)
The NACC submits this amicus brief on behalf of the interests of children in having the law recognize and protect their significant relationships to the adults they have come to regard as members of their family.
Amicus NACC suggests that one example of permissible state intervention occurs where a petitioner can prove that he or she has a parent-like relationship with the child and that "a significant triggering event" justifies state intervention in the child's relationship with a biological or adoptive parent.
Amicus NACC asks that this Court steer a middle course and recognize the interests of children in their significant relationships to the adults they have come to regard as members of their family.
parentsrights.com /naccamicus.htm   (6520 words)

  
 SUPREME COURT RULES - Rule 37
The motion, prepared as required by Rule 33.1 and as one document with the brief sought to be filed, shall be submitted within the time allowed for filing an amicus curiae brief, and shall indicate the party or parties who have withheld consent and state the nature of the movant's interest.
The brief shall be submitted within the time allowed for filing the brief for the party supported, or if in support of neither party, within the time allowed for filing the petitioner's or appellant's brief.
The amicus curiae brief shall specify whether consent was granted, and its cover shall identify the party supported or indicate whether it suggests affirmance or reversal.
www.law.cornell.edu /rules/supct/37.html   (466 words)

  
 Definition: Amicus Curiae.
The name for a brief filed with the court by someone who is not a party to the case.
Amicus Curiae briefs are filed in many Supreme Court matters, both at the Petition for Writ of Certiorari stage, and when the Court is deciding a case on its merits.
Some studies have shown a positive correlation between number of amicus briefs filed in support of granting certiorari, and the Court's decision to grant certiorari.
www.techlawjournal.com /glossary/legal/amicus.htm   (272 words)

  
 International Task Force - Amicus Curiae Brief
Amicus curiae, the International Task Force on Euthanasia and Assisted Suicide (ITF), is an international leader in the debate over assisted suicide and euthanasia.
This amicus brief will be of particular assistance to the Court since it clarifies the interstate nature of activities under the ODWDA, which is relevant to maintaining a national standard for dispensing federally controlled substances.
While amicus believes that permitting assisted suicide in policy or in law is tragic for patients, dangerous for society and bad public policy, this case is not about overturning Oregon's law permitting assisted suicide.
www.internationaltaskforce.org /amicus_curiae_brief.htm   (6064 words)

  
 Amicus Curiae Brief - Rodney Stich
This Amicus Curiae Brief was filed by Rodney Stich, author of Defrauding America, on behalf of CIA operative Gene Tatum.
This amicus curiae filing, therefore, is not only to obtain relief for the Defendants, but for this court to exercise its responsibility and provide for the Defendants, Intervenor, and our former CIA and other deep-cover contacts, to provide evidence of serious criminal activities that are inflicting enormous harm upon the United States and its people.
Attached to Intervenor’s declaration and amicus curiae brief is a declaration by Defendant Gene Tatum, describing several of the drug smuggling and drug money laundering activities that he observed as a military pilot and pilot in a CIA operation, and which he reported to his superiors.
www.wethepeople.la /brief.htm   (2243 words)

  
 Amicus Activity - NOVA Litigation
An Amicus Curiae Brief is what is commonly referred to as a "friend of the Court brief." It is intended to offer the Court the views of a non-party regarding the issue or issues pending before the Court.
Even when Amicus Curiae Briefs are solicited, the views expressed by the Amicus Curiae may not necessarily be considered by the reviewing Court or mentioned in the opinion.
NOVA considers the practice of filing Amicus Curiae Briefs to be consistent with the purposes of NOVA to provide continuing legal education in the area of veterans disability law.
www.vetadvocates.com /amicus   (1117 words)

  
 Edwards v. Aguillard: Amicus Curiae Brief of 72 Nobel Laureates
Aguillard: Amicus Curiae Brief of 72 Nobel Laureates
In their brief, appellants deny that the statutory term "creation-science" reflects those religious tenets; instead, appellants insist upon a sterilized alternative: the evidence for "abrupt appearance in complex form." Nevertheless, for four different reasons, appellants' abrupt-appearance construct must be rejected as a post hoc invention that misdefines the term "creation-science" as used in the Act.
Obviously, if the term "creation-science" means the religious dogma of orthodox creation-science as we demonstrate in Part I above, the constitutional flaw is compounded: the statute both requires an untestable religious belief to be taught as a scientific theory and imposes special restrictions on science education for religious reasons.
www.talkorigins.org /faqs/edwards-v-aguillard/amicus1.html   (7193 words)

  
 MAPS/MPP US Supreme Court Amicus Curiae Brief   (Site not responding. Last check: 2007-10-30)
Amicus Curiae briefs are filed by parties who are not directly involved in the litigation but have an interest in the outcome.
The brief is also signed by Dr. Ethan Russo, with whom MAPS worked for years in an unsuccessful effort to obtain permission to conduct FDA-approved research into the use of marijuana in treatment-resistant migraine patients.
Our brief's basic point is that these obstructions create more of a need for the medical necessity defense for patients who run into conflict with the police over their use of marijuana as medicine.
www.maps.org /mmj/maps-mppbrief.html   (314 words)

  
 MIT To File Amicus Brief in UMich Case   (Site not responding. Last check: 2007-10-30)
MIT is filing the amicus curiae (friend of the court) brief in support of the University of Michigan’s race-based admissions policy.
Vest and Stanford University President John L. Hennessy, a co-signer of the brief, said in their statements that diverse student bodies are important for the learning environment as well.
The brief is cosigned by Stanford University, DuPont, IBM, the National Academy of Sciences, the National Academy of Engineering, and the National Action Council for Minorities in Engineering.
www-tech.mit.edu /V123/N5/5brief.5n.html   (527 words)

  
 U.S. Copyright Office: Brief in A&M Records v. Napster
This brief is also available in PDF format.
BRIEF FOR THE UNITED STATES AS The United States submits this brief as an amicus curiae, pursuant to 28 U.S.C. § 517 and Rule 29(a) of the Federal Rules of Appellate Procedure, to address the effect of the immunity provision of the Audio Home Recording Act of 1992, 17 U.S.C. § 1008.
Consistent with these statutory provisions, the United States participates as an amicus curiae to provide courts with the views of the federal government, including the Copyright Office and the Patent and Trademark Office, regarding significant copyright and other intellectual property issues.
www.copyright.gov /docs/napsteramicus.html   (5986 words)

  
 Reno v. ACLU - Brief of ApolloMedia Corporation and BALIF as Amici Curiae, In Support of Affirmance   (Site not responding. Last check: 2007-10-30)
Amicus uses computers, modems and telephone lines to communicate its own “content” as well as the content published by its clients and by visitors to its web sites.
Amicus' online databases contain material of social or political value, some of which is sexually explicit or uses vulgar language.
Amicus Bay Area Lawyers for Individual Freedom (BALIF) is a minority bar association comprised of over 500 lesbian, gay and bisexual members of the Bay Area legal community.
annoy.com /history/doc.html?DocumentID=100214   (7376 words)

  
 Amicus Curiae Brief for   (Site not responding. Last check: 2007-10-30)
This amicus brief suggests that argument on every issue is not required.
  This brief therefore encourages this Court to rule in favor of defendants on the waiver issue in this case; to reconsider its prior decisions concerning waiver; and to exclude from the waiver doctrine issues properly preserved in the lower courts.
  That is so especially here, since the defendant-petitioners fully briefed those issues in the appellate court, described those issues in their petition, explained why they did not argue those issues in their petition, and informed this Court — and their opponents — of their intention to argue those issues if their petition were granted.
www.applawyers.org /About/abrule315.htm   (2838 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
The Institute's brief is co-authored with Professor Richard Epstein of the University of Chicago Law School, one of the nation's leading authorities on property law.
The parties in this case consent to the filing of amicus curiae briefs in support of their respective positions and letters memorializing such consent have been filed with the clerk.
No person or entity, other than amicus curiae Institute for Justice, its members, and its counsel made a monetary contribution to the preparation and submission of this brief.
supreme.lp.findlaw.com /supreme_court/briefs/99-2047/99-2047f06.html   (9158 words)

  
 [No title]
Consent to the filing of this brief was granted by counsel for petitioner but was refused by counsel for respondent.
STATEMENT OF INTEREST OF AMICUS CURIAE The European Union (EU) considers the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, to be of vital importance both nationally and in the international community.
REASONS FOR GRANTING CERTIORARI The EU submits this brief in support of the petition for certiorari in view of the existence of a widespread international consensus against the execution of a person who was under 18 at the time of his offense.
www.eurunion.org /legislat/DeathPenalty/SpanWmsBrief.doc   (4501 words)

  
 Napo Files Amicus Curiae Brief
Therefore, NAPO’s brief seeks to provide insight to the Supreme Court into the reasonableness of the policy of allowing police officers to seize and disarm those individuals presenting a serious risk of injury or death to the officer and the public.
The reasonableness of a search and seizure, including the brief detention and frisk of a suspect for a weapon, depends on a balancing between the suspect’s right of privacy and the public interest in effective law enforcement, including officer safety.
The brief presented data on increasing possession and use of firearms by and against juveniles.
www.napo.org /support_rights.html   (2080 words)

  
 FOCUS - 4 of 4 DOCUMENTS
BRIEF AMICUS CURIAE OF THE AMERICAN LIBRARY ASSOCIATION IN SUPPORT OF THE PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.
The American Library Association ("ALA"), by its attorneys, respectfully files this brief Amicus Curiae in support of Sony Corporation of America's ("Sony") Petition for a Writ of Certiorari.
In sum, the issues raised by this case are of great national importance to libraries, librarians and users of libraries.
www.librarylaw.com /BetamaxBrief.htm   (2351 words)

  
 23 Organizations File Amicus Curiae Brief
The brief also states that USDA “did not rely on hard data about risks, but rather on speculation...
The brief argues that “The Rule lacks precision, methodology, objectivity, and science.
The brief concludes that the three-judge panel’s opinion “produces extremely negative ramifications and constitutes a rubber stamp of USDA’s rule.
www.dakotavoice.com /200509/20050928_1.asp   (405 words)

  
 DOJ/Antitrust
We submit this brief pursuant to the first sentence of Fed. R.
I certify that this Brief Amicus Curiae of the United States of America complies with the applicable type volume limitation, determined pursuant to Rules 29(d) and 32(a)(7)(B) of the Federal Rules of Appellate Procedure.
An applicant whose application is rejected on first appeal may seek a second appeal, which is decided by an Appeals Board consisting of the Register, the General Counsel, and the Chief of the Examining Division (or their designees).
www.usdoj.gov /atr/cases/f201000/201034.htm   (5370 words)

  
 AMICUS CURIAE BRIEF: State Farm Case
CSE is vitally interested in ensuring that consumers have access to affordable insurance and that the insurance industry’s management decisions regarding its capitalization structure are influenced by market forces that reflect underlying economic conditions, rather than the judicial system.
Amicus Curiae, Citizens for a Sound Economy Foundation (“CSE”), urges this Court to accept State Farm’s writ petition and to correct the Superior Court’s decision.
Pursuant to California Rule of Court Rule 14(c), the undersigned hereby certifies that the Amicus brief previously filed by the Citizens For A Sound Economy contained 3,611 words, according to the word count software included in the Microsoft Word 2003 software with which the brief was written.
www.freedomworks.org /informed/issues_template.php?issue_id=1503   (3054 words)

  
 Brief Amicus Curiae, Eldred v. Ashcroft
This brief is filed on behalf of the Free Software Foundation, a charitable corporation with its main offices in Boston, Massachusetts.
Counsel for both parties have consented to the filing of this brief, and those consents have been filed with the Clerk of this Court.
The only amendment made was in the replacement of the phrase originally suggested by Charles Pinckney of South Carolina, that monopolies be granted for a ``certain'' time.
emoglen.law.columbia.edu /publications/eldred-amicus.html   (3569 words)

  
 Recording Industry vs The People
this is an amicus brief not a case argument.
The purpose of an amicus breif is to make the court aware of wider implications of a case which the filers feel the court should consider in deciding the case; thus this brief does exactly what it should.
The only sad part of all this, is the fact that it has taken 3 years for this sort of consolidated effort to arise and as a result (as indicated in the brief) thousands of potentially innocent people have become the dolphins caught in the drift net.
recordingindustryvspeople.blogspot.com /2006/08/eff-aclu-american-association-of-law.html   (5960 words)

  
 AMICUS CURIAE BRIEF
The undersigned amici curiae submit the present Brief in support of Mumia Abu-Jamal's Petition for Writ of Habeas Corpus.
The present Brief underscores the full magnitude of the rights and interests at issue in the Petition under consideration, discusses the parameters of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.
Further, habeas corpus is a remedy that "has been for centuries esteemed the best and only sufficient defense of personal freedom" which, if withdrawn, "risk[s] injury to an important interest in human liberty." Lonchar v.
www.refuseandresist.org /mumia/2000/060700amicus.html   (7401 words)

  
 Fluorides and Fluoridation - Natural Resources Defense Council vs EPA - Amicus Brief
Because it was not aware of the content of EPA's papers prior to their filing, NFFE could not have been expected to seek status as an amicus curiae at an earlier date.
NFFE believes that serious errors were made by the Agency in setting the fluoride RMCL and that this case should not be dismissed by the invocation of a doctrine of deference to Agency expertise inasmuch as the Agency deliberately chose not to base its decision on relevant expertise.
To admit our brief would be to admit that the EPA politicians were not supported by their staff - the real experts.
www.rvi.net /~fluoride/000052.htm   (9579 words)

  
 The Campaign Legal Center: Court Cases of Interest
On November 14, 2005, the Legal Center filed an amicus brief in support of the California Fair Political Practices Commission in the Citizens to Save California v.
The Legal Center's amicus brief supports the constitutionality of the FPPC regulation, arguing that the U.S. Supreme Court has long recognized the threat of real and apparent corruption posed by large contributions to candidates—regardless of the ends to which the contributions are ultimately put.
The FPPC regulation, argues the Legal Center, is a constitutionally permissible means of preventing candidate corruption and circumvention of existing candidate contribution limits.
www.campaignlegalcenter.org /cases-213.html   (218 words)

  
 Project DIANA : Guerrera v. Johnson: Brief Amicus Curiae of United Mexican States
Amici Curiae Brief of American Immigration Lawyers Assn.,et al.
For the foregoing reasons, in addition to those raised in Petitioner-Appellee's brief, the judgment of the court below should be affirmed.
I hereby certify that two true and accurate copies of the foregoing Motion for Leave to File Amicus Curiae Brief and Brief of Amicus Curiae Supporting Brief of Petitioner-Appellee was served by first-class mail, postage prepaid, this 6th day of August, 1993, on counsel of record tn this proceeding, as follows:
www.yale.edu /lawweb/avalon/diana/guerra/20443ac.html   (2613 words)

  
 The Napster Amicus Curiae Brief
This amicus curiae brief is submitted on behalf of the Consumer Electronics Association ("CEA"), the Digital Future Coalition ("DFC"), and the Computer and Communications Industry Association (collectively, "Amici").
Amici are filing this brief to address the application of the Sony standard in the opinion of the District Court below.
Pursuant to Federal Rule of Appellate Procedure 29(d) and Ninth Circuit Rule 32-1, I certify that the attached amicus brief is proportionally spaced, has a typeface of 14 points or more, and contains 7000 words or less (including the table of contents, but excluding all other permitted material).
www.arl.org /info/frn/copy/napster.html   (3858 words)

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