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5 Feb 2013, 8:13 pm
In short, executive-branch decisions since 2001 have led the nation to a new type of war against new enemies on a new battlefield without focused national debate, deliberate congressional approval or real judicial review.Although Goldsmith is right that the character of war has changed, his solution is disappointingly conventional: “What the government needs is a new framework statute — akin to the National Security Act of 1947, or the series of intelligence reforms… [read post]
1 May 2017, 4:10 am
Commissioner Zogby's dissent-- which has two parts-- has generated the most interest. [read post]
12 Jul 2021, 6:30 am
One way to think about constitutional law in its best form is that it is the place where law resists this kind of subordination of individual interests to the conception of the general good of those in power, whether the scientifically sound policy of enlightened administrators or the platform of a plebiscitary president. [read post]
12 Oct 2020, 7:40 am
However, in the interests of ensuring a durable solution, it would be prudent now to consider the need for an “essentially equivalent” form of independent supervision. [read post]
19 Jun 2013, 8:03 pm
The process of creating a Primary Party Organization in a company 1.Structure of Primary Party Organization 2.The structure of the Committee of General Party Branch and Party Branch B. [read post]
9 Aug 2013, 1:55 pm
By Dennis Crouch The Versata saga provides an important case history showing the power of the new post-grant review procedures before the USPTO and the Office's seeming new power to operate without fear of judicial review. [read post]
12 May 2016, 1:55 pm
If the political branches overstep these limits, fidelity to original meaning requires striking down laws or executive actions. [read post]
23 Feb 2023, 8:16 am
Rothman has, in response, used his powers generously to eject disruptive members of the opposition. [read post]
26 Jun 2014, 9:56 am
The ruling, the dissenters said, would do long-term damage to the idea that the Constitution does not allow one branch of the federal government to trammel another branch’s basic powers. [read post]
10 Jun 2016, 5:51 am
This, in turn, generates a powerful deterrent mechanism for Chinese steel (and other) companies considering stealing US trade secrets. [read post]
12 Jun 2017, 9:17 pm
The argument at bottom is that all executive power is vested in the President; law enforcement is at the core of Executive power; there is no contrary statutory directive, as in Morrison v. [read post]
27 Apr 2018, 8:48 am
Accordingly, the founders afforded federal courts the power to adjudicate cases and controversies between Americans and foreigners in Article III, and implemented this power in the passage of the Judiciary Act of 1789. [read post]
5 May 2015, 6:00 am
Mike, you are generally a proponent of strong presidential power, and you are also one of the most prominent critics of Roe v. [read post]
20 Jun 2019, 9:05 pm
Supreme Court held 5–3 that the Sex Offender Registration and Notification Act (SORNA)—which grants the Attorney General the power to “specify the applicability of” the Act to convicted sex offenders—does not violate the so-called non-delegation doctrine limiting how much policymaking authority Congress constitutionally may delegate to other branches of government. [read post]
6 Oct 2018, 7:50 am
In times of severe constitutional rot, coupled with high party polarization, courts are not the solution. [read post]
10 May 2018, 9:37 am
” In other words, courts should only use habeas to block the transfer of citizens in cases in which misconduct by the executive branch justifies such a sanction, because, as a general proposition, release from U.S. custody (including by transfer to another country) is the “core” purpose of habeas corpus. [read post]
22 Apr 2016, 7:59 am
Recall that the AUMF “does not purport to limit the time period in which the President can act. [read post]
19 Jan 2016, 4:26 pm
Global problems require global solutions, and legislation that limits the activities of any organization that might play a role – direct or indirect – in any form of domestic or transnational crime should be welcomed. [read post]
25 Jul 2011, 1:35 am
It places judges in trial courts with the knowledge that they have this power because the General Assembly has not stripped this power from judges through a general law. [read post]
2 Oct 2023, 6:30 am
The Australian Act confers similar powers on AFMA to require e-monitoring and observers as well as general powers to set conditions, without specifying who bears the costs of those requirements. [read post]
