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As careful readers of Costeja know, the opinion itself supports the idea that it was never intended to reach hosts.
For a discussion of the Supreme Court's opinion, as well as the opinion itself see "Introductory Note to the Supreme Court of the Netherlands: Mothers of Srebrenica Association et. al. v.
After providing some background to the dispute that gave rise to the Opinion 1/03 and after a brief discussion of the EC's external competence, the Case Note will turn to the Opinion itself.
The Court assumes that the Sears holding rested entirely on the pre-emptive effect of congressional statutes even though the opinion itself, like the opinions in Graham v. John Deere Co. of Kansas City, 383 U. S. 1 (1966), and Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U. S. 141 (1989), also relied on the pre-emptive effect of the constitutional provision.
Reasoning about the evaluation of an opinion is fundamentally different from reasoning about the opinion itself: rather than asking, ''What did Y think of X?", we are asking, ''What did Z think of Y's opinion of X?" Here we develop a framework for analyzing and modeling opinion evaluation, using a large-scale collection of Amazon book reviews as a dataset.
(See here, here, and here for news, here and here for blogs. For other blog reading on the opinion itself, see here and here). Having written a bit elsewhere about the logistics of the DC Circuit (see here), I thought I would chime in with specifics about exactly how the decision whether to rehear the case en banc, and en banc rehearing, would work.
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The majority opinion itself noted the problem that the recounts sought to rectify: "This case has shown that punch card balloting machines can produce an unfortunate number of ballots which are not punched in a clean complete way…[I]t is likely legislative bodies nationwide will examine ways to improve mechanisms and machinery for voting".
The Court of Appeals reached that conclusion after a careful and extensive study of the record; its analysis on this question was perfectly consistent with the legal reasoning in Justice Kennedys opinion for the Court; and the latter opinion itself explains that petitioner relied on data that was inconclusive and speculative at best, see ante, at 2728.
The Miranda opinion itself begins by stating that the court granted certiorari "to explore some facets of the problems of applying the privilege against self-incrimination to in-custody interrogation, and to give concrete constitutional guidelines for law enforcement agencies and courts to follow".
As the Court opinion itself demonstrates, what is perhaps as important as the actual definition is how it is applied.
Unlike Hewett, who targeted post-Washington decisions, Kime believed that there were flaws in the Washington opinion itself.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com