3 Matching Annotations
  1. Feb 2014
    1. Concurrence 1: (Stewart): a right to abortion comes ONLY from 14th Am. "liberty," not "penumbra" of Bill of Rights. Concurrence 2: (Burger): there is a right to an abortion, but the court should give more leeway to medical safeguards. Concurrence 3: (Douglas): there is a right to abortion, but this comes from a BROAD right of privacy.
    1. Concurring/Dissenting Opinion: You don’t need to spend too much time on this part other than the pinpoint the concurring or dissenting judge’s main point of contention with the majority opinion and rationale. Concurring and dissenting opinions hold lots of law professor Socratic Method fodder, and you can be ready by including this part in your case brief.
    1. Concurri ng and/or Diss enting Opinio ns. Concurring and dissenting opinions (a.k.a. “concu rrence s” and “dissents”) are opinions by judges w ho did not se e entire ly e ye -to-ey e with the other judges of the court, and wish to express a slightly or even dramatically diff erent view of the case. In g en er al , a co nc ur ri ng op in io n i s a n o pi ni on by a judge who would have reached the same result as the majority, but f or a different reason. Dissenting opinions are opinions by judges who disagree with the majority’s result entirely. I n most cases, dissenting opinions try to persuade the reader that the majority ’s decision was simply incorre ct.