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Topic: Massachusetts Supreme Judicial Court


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In the News (Sat 26 Dec 09)

  
 Encyclopedia: Massachusetts Supreme Judicial Court
Second, Massachusetts marriage laws do not condition receipt of public and private financial benefits to married individuals on a demonstration of financial dependence on each other; the benefits are available to married couples regardless of whether they mingle their finances or actually depend on each other for support.
The “choice” to which the Supreme Court referred was the “choice to marry,” and it concluded that with respect to the institution of marriage, the State had no compelling interest in limiting the choice to marry along racial lines.
Supreme Court cases that have described marriage or the right to marry as "fundamental" have focused primarily on the underlying interest of every individual in procreation, which, historically, could only legally occur within the construct of marriage because sexual intercourse outside of marriage was a criminal act.4 In Skinner v.
www.nationmaster.com /encyclopedia/Massachusetts-Supreme-Judicial-Court   (466 words)

  
 New Georgia Encyclopedia: Supreme Court of Georgia
The Supreme Court of Georgia was authorized by a constitutional amendment in 1835, and a decade later it was established by the General Assembly amid great political controversy.
Procedure before the reviewing court is based on documents called briefs, which contain the controlling facts and evidence in the case and the reasons why, in the lawyer's view, the trial court made a reversible error.
This draft opinion is circulated to all members of the court and must be adopted as an accurate statement of the reasoning of the majority of the court before it is published.
www.georgiaencyclopedia.org /nge/Article.jsp?id=h-1348   (1046 words)

  
 Massachusetts Supreme Judicial Court - Wikipedia, the free encyclopedia
The Massachusetts Supreme Judicial Court (SJC) is the highest court in the United States Commonwealth of Massachusetts.
In addition to its appellate functions, the SJC is responsible for the general superintendence of the judiciary and of the bar, the creation or approval of rules for the operations of all the state courts, and in certain instances, providing advisory opinions, upon request, to the Governor and General Court on various legal issues.
Hunt (1842) - The Court established that trade unions were not necessarily criminal or conspiring organizations if they did not advocate violence or illegal activities in their attempts to gain recognition through striking.
en.wikipedia.org /wiki/Massachusetts_Supreme_Judicial_Court   (659 words)

  
 MPR: Massachusetts Supreme Judicial Court Ruling on Gay Marriage
Courts have authority to recognize rights that are supported by the Constitution and history, but the power to create novel rights is reserved for the people through the democratic and legislative processes.
Conspicuously absent from the court's opinion today is any acknowledgment that the attempts at scientific study of the ramifications of raising children in same-sex couple households are themselves in their infancy and have so far produced inconclusive and conflicting results.
As the court notes in its opinion, the institution of marriage is "the legal union of a man and woman as husband and wife," ante at, and it has always been so under Massachusetts law, colonial or otherwise.
news.minnesota.publicradio.org /features/2003/11/20_newsroom_sjc   (14328 words)

  
 Massachusetts Supreme Judicial Court
A Memorial to the late Chief Justice Joseph P. Warner that was presented at a special sitting of the Supreme Judicial Court in Boston on June 24, 2003.
In addition to the opinion of the court, a slip opinion contains the catchwords (but not the headnotes that more fully develop the issues), which alert the reader to the kind of case that is being released, a statement of the procedural history of the case, and a listing of appellate counsel.
The practice of the Supreme Judicial Court and the Appeals Court is to recognize, in the listing of counsel in the official report of a decision, attorneys who have presented oral argument.
www.massreports.com   (1238 words)

  
 CNN.com - Massachusetts court rules ban on gay marriage unconstitutional - Feb. 4, 2004
Massachusetts high court rules in favor of gay marriage.
The Massachusetts Supreme Judicial Court has cleared the way for lesbian and gay couples in the state to marry, ruling Tuesday that government attorneys "failed to identify any constitutionally adequate reason" to deny them the right.
Massachusetts Gov. Mitt Romney said the state Legislature would comply with the court's ruling "even if we don't agree with it." The governor said he would ask lawmakers to initiate a constitutional amendment process "that will be consistent with what I think the feelings are of the commonwealth" about marriage.
www.cnn.com /2003/LAW/11/18/samesex.marriage.ruling   (1189 words)

  
 Stern v. Massachusetts Supreme Judicial Court   (Site not responding. Last check: 2007-07-08)
The District Court and the District Court Judges move this Court to dismiss Plaintiff's claim for lack of subject matter jurisdiction on the ground that it is unripe or, in the alternative, to decline to decide the case in an exercise of its discretion under the Declaratory Judgment Act, 28 U.S.C. §2201-2202 (1994).
Nevertheless, the Court is convinced that this controversy is amenable to resolution as currently configured and that resolution is desirable at this time as a matter of practical necessity and in the interest of judicial economy.
Since the Court concludes that Plaintiff is not entitled to prevail on the merits of his claim, it need not consider whether Plaintiff has satisfied the other requirements for injunctive relief, nor the issue raised by the parties concerning the appropriate standard for injunctive relief where the movantis a government entity.
lw.bna.com /lw/19990209/10896.htm   (4852 words)

  
 Gay & Lesbian Marriage Decision: Mass. Supreme Judicial Court Feb. 3, 2004 Letter To Senate
Rather, it was the lawfulness under the Massachusetts Constitution of the bar to civil marriage itself, "a vital social institution," id. at 313, that the court was asked to decide.
As the court concluded in Goodridge, the traditional, historic nature and meaning of civil marriage in Massachusetts is as a wholly secular and dynamic legal institution, the governmental aim of which is to encourage stable adult relationships for the good of the individual and of the community, especially its children.
In Goodridge, the court was presented with a statutory scheme that afforded same-sex couples absolutely none of the benefits, rights, or privileges that same-sex couples could obtain under Massachusetts law by way of civil marriage.
news.findlaw.com /nytimes/docs/conlaw/maglmarriage20304.html   (6390 words)

  
 Captain's Quarters Backup Site: Massachussets Supreme Court: Gay-Marriage Ban Unconstitutional
Court decrees granting broad "rights" eliminate all three of these natural safeguards, distancing the process of legislation from the people it affects and increasing the sense of powerlessness of the electorate.
The Court instead took a very libertarian approach, one that the Court has not taken since before the New Deal progressive era, which was to simply say that in order for the government to intrude on one's personal liberty, it has to show a good reason for doing so.
To be very brief, the Court had previously held that an enactment by the legislature is presumptively constitutional, unless it intrudes on a fundamental constitutional right that is enumerated in the Bill of Rights, or which "emanates" from the various "penumbra" of rights inherent in the Bill of Rights.
captained.blogs.com /captains_quarters/2004/02/massachussets_s.html   (3576 words)

  
 The Massachusetts Supreme Judicial Court in the 1880s and 1890s   (Site not responding. Last check: 2007-07-08)
When the Massachusetts legislature began to act on the pressing need for a new Suffolk County Court House, Chief Justice Marcus Morton headed the Massachusetts Supreme Judicial Court.
The rest of the Supreme Judicial Court in 1893-1894, the court that moved into the new building, consisted of, in order of seniority, Associate Justices Charles Allen, Oliver Wendell Holmes, Marcus Perrin Knowlton, James Madison Morton, John Lathrop, and James Madison Barker.
In a memoir John Noble wrote that it was during the administration of Chief Justice Field that the Supreme Judicial Court moved from the Old Court House on Court Street into the new Pemberton Square building.
renovation.socialaw.com /q3sjc.htm   (256 words)

  
 The Massachusetts Court System
This site includes the names, addresses and telephone numbers of the courts, judicial profiles, press releases, recent court opinions, and a variety of other useful information.
The Judicial Branch is dedicated to the improvement of the administration of justice.
Statement of Supreme Judicial Court Chief Justice Margaret H. Marshall and Chief Justice for Administration and Management Robert A. Mulligan Regarding The Annual Report of the Court Management Advisory Board
www.mass.gov /courts   (154 words)

  
 AllRefer.com - Oliver Wendell Holmes, American jurist (Supreme Court, Biography) - Encyclopedia
He became (1882) professor of law at Harvard and several months later was appointed to the Massachusetts supreme judicial court.
He was appointed to the U.S. Supreme Court by President Theodore Roosevelt in 1902.
He preached "judicial restraint" and firmly believed that popular majorities through their elected representatives should not have their will thwarted capriciously; when his colleagues on the court nullified social legislation : e.g., minimum wage and hour laws : as unconstitutional, Holmes vigorously objected.
reference.allrefer.com /encyclopedia/H/HolmesOson.html   (559 words)

  
 CNN.com - Massachusetts court strikes down ban on same-sex marriage - Nov. 18, 2003
Justices of the Massachusetts Supreme Judicial Court issued their ruling in the case of Goodridge v.
The highest court in Massachusetts ruled Tuesday it is unconstitutional for the state to deny marriage to gay and lesbian couples, a move that could make the state the first to legalize same-sex marriages.
Earlier this year the U.S. Supreme Court overturned state sodomy laws, a move some conservatives said could open the door to gay marriage.
www.cnn.com /2003/LAW/11/18/gay.marriage.reut   (261 words)

  
 Canavan’s Case (Massachusetts Supreme Judicial Court)
The Land Court upheld the validity of Bishops Forest II on narrow grounds, distinguishing the adverse Appeals Court case on its facts.
The SJC agreed with NELF that the adverse Appeals Court case should be overruled in its entirety.
The Land Court ruled that the language used by the original developer was legitimate and allowed the developer to withdraw unbuilt phases of the condominium.
www.nelfonline.org /cases/queler.htm   (477 words)

  
 Canavan’s Case (Massachusetts Supreme Judicial Court)
In 2002, the plaintiffs filed a purported class action in the Massachusetts Superior Court charging Enterprise with improper exclusions from CDW in violation of Mass.
NELF distinguished this case, and the holding in Lord, from the Supreme Judicial Court’s holding in Leardi v.
NELF argued that, as the Appeals Court had observed in Lord, the Leardi holding was intended to be limited to its particular facts and did not create a general right to recover statutory damages and fees under c.
www.nelfonline.org /cases/hershenow.htm   (572 words)

  
 The History of the Law in Massachusetts: The Supreme Judicial Court 1692-1992
It is the oldest court of continuous existence in the Western Hemisphere.
The History of the Law in Massachusetts: The Supreme Judicial Court, 1692-1992 is the result of a conference held at the Boston Public Library on October 26-27, 1990 under the auspices of the Committee on the Three-Hundredth Anniversary of the Massachusetts Supreme Judicial Court.
The essays trace the development of the Massachusetts Supreme Judicial Court, from its roots in the polity of the Massachusetts Bay Company in 1630, its commencement in 1692, its transformation following the American Revolution in 1783, to its present day status as the prestigious assembly and highest Massachusetts court.
www.sjchs-history.org /book.html   (285 words)

  
 court reporter supreme Resources
Supreme Court Opinions and Orders from the 1992-1993 session through the 1999-2000 session in WordPerfect 5.1...
Search for the full text of Supreme Court decisions issued between 1937 and 1975 on GPO Access.
Air Force and is not an official version of the Supreme Court's opinions, which will be...
www.courtreporterinfo.com /directory/court-reporter-supreme.html   (198 words)

  
 Supreme Judicial Court of Massachusetts
Supreme Judicial Court Public Information Office Press Release - Supreme Judicial Court Appoints New Member to Board of Bar Examiners; Attorney Robert J. Muldoon, Jr.
Supreme Judicial Court Public Information Office Press Release - SJC Appoints New Member to Committee on Professional Responsibility for Clerks of the Courts and Reappoints Member to Committee on Judicial Ethics
Supreme Judicial Court Public Information Office Press Release - Supreme Judicial Court Appoints Judge Milton L. Wright, Jr.
www.mass.gov /courts/courtsandjudges/courts/supremejudicialcourt   (1074 words)

  
 Social Law Library - Serving the legal profession in Massachusetts since 1803
Supreme Judicial Court Appoints Matthew Day As First Assistant Clerk for Middlesex Superior Court; Lillian Andruszkiewicz Reappointed As First Assistant Clerk of the Supreme Judicial Court for Suffolk County.
On December 7th the Social Law Library celebrated the 225th anniversary of the Massachusetts Constitution of 1780.The Massachusetts Constitution of 1780, drafted by John Adams, is the oldest written constitution in the world.
It originated the famous phrase “a government of laws and not of men,” and was the source of inspirational words, “We the People,” most commonly associated with the Federal Constitution.
www.socialaw.com   (780 words)

  
 MARGARET MARSHALL, KIDNAPPER AND CHIEF JUSTICE OF THE MASSACHUSETTS SUPREME JUDICIAL COURT   (Site not responding. Last check: 2007-07-08)
These statistics are used by the courts, the state and the Bar to gain federal grants, matching funds, etc. Every family destroyed by social workers and the judicial system becomes a moneymaking bonus for the state.
The judicial fraud 0of Boorstein is an example of the judicial fraud upon which I have been separated from my son for nine years.
Margaret Marshall's judicial rulings boldly define her as "a rabid feminist" by having abandoned all pretense of being unbiased and unaffected by the political pressures of radical feminists.
www.masskidnap.com /marshall   (2351 words)

  
 The Body: Massachusetts: Supreme Judicial Court OKs Programs' Needles
The Massachusetts Supreme Judicial Court ruled Friday that people who receive clean syringes through a state-sanctioned needle exchange program in one community cannot be arrested for carrying them in another.
Lynn city lawyers had argued that even if SJC ruled for Landry, police officers should still be able to arrest card-carrying needle exchange participants like her because they would be able to argue they were program participants in court as a defense.
Lynn does not offer needle exchange, and city officials argue that as they fight a heroin epidemic, they should not be bound by the decisions of other communities.
www.thebody.com /cdc/news_updates_archive/dec9_02/mass_needle.html   (487 words)

  
 News & Politics
The Supreme Judicial Court of Massachusetts ruled last November that gays and lesbians must be allowed to marry, and set May 17 as the date the ruling would take effect.
Massachusetts joins three Canadian provinces, Belgium and the Netherlands as the only places where gays can marry legally.
Phyllis Lyon and Del Martin, the first same-sex couple to be married in California, issued a statement of congratulations to gays and lesbians in Massachusetts.
www.planetout.com /news/article.html?2004/05/17/1   (466 words)

  
 Business Wire: Massachusetts Supreme Judicial Court Deploys St... @ HighBeam Research   (Site not responding. Last check: 2007-07-08)
Massachusetts Supreme Judicial Court Deploys StarBak's Video Communications Solution; Enables Live Internet Broadcasts of Court Proceedings.
The streaming of court proceedings allows anyone with Internet access to peer inside the courtroom and witness the live dialogue between Justices and lawyers on legal matters affecting everyone's lives.
"Streaming and archiving judicial proceedings, and providing them live and on-demand, is an excellent example of the power of video communications for making information available to the public in a very compelling way," said Gregory Casale, chief executive officer of StarBak Communications.
highbeam.com /library/doc0.asp?docid=1G1:138388795&refid=ink_tptd_np   (348 words)

  
 CFP 2004 / Computer Freedom & Privacy Conference
In this position, she assists with the development and implementation of a variety of civil and criminal policy initiatives, the President's judicial nominations, and the management of the Office.
She served as a clerk for Judge Raymond J. Dearie of the U.S. District Court for the Eastern District of New York, and was a partner at Wilmer, Cutler & Pickering (Washington, D.C.) until the end of 2002, when she left that firm to enter the legal academy.
Godwin served as co-counsel to the plaintiffs in the Supreme Court case Reno v.
www.cfp2004.org /program/speakers.html   (17893 words)

  
 New England School of Law Faculty: Professor George Dargo
He is the author of several books, including A HISTORY OF THE U.S. 1890-1960 (1993), and focuses his research and writing in the areas of legal and constitutional history.
Rya Zobel of the U.S. District Court for the District of Massachusetts, he serves on the advisory committee of the Massachusetts Supreme Judicial Court Historical Society.
The Sarah Roberts Case in Historical Perspective, 3 Massachusetts Legal History: A Journal of the Supreme Judicial Court Historical Society 37 (1997).
www.nesl.edu /faculty/DARGO.CFM   (297 words)

  
 Selected Rules of the Supreme Judicial Court of Massachusetts   (Site not responding. Last check: 2007-07-08)
Rules of Professional Responsibility for Clerks of the Courts
Rule 3:13 Committee on Professional Responsibility for Clerks of the Courts
Rule 3:14 Advisory Committee on Ethical Opinions for the Clerks of the Court
www.lawlib.state.ma.us /sjc.html   (140 words)

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