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5 Jun 2024, 4:50 am
Ilya Somin argues that President Joe Biden’s proclamation on securing the border is likely ultra vires, and will eventually be struck down. [read post]
25 May 2024, 4:09 pm
Today, the ultra vires doctrine is mostly a dead letter. [read post]
18 Apr 2024, 2:05 pm
Although that formulation seems to treat waste as a separate category from ultra vires acts, but the fact is that waste is rooted "in the ultra vires doctrine. [read post]
15 Apr 2024, 8:52 am
Federal appellate decisions have also blocked facial ultra vires claims, including in the Fourth and Federal Circuits. [read post]
9 Apr 2024, 5:10 am
Insofar as the Court insists on drawing lines, however, it should take a narrow view of what presidential conduct is "discretionary" and hold that even otherwise "official" conduct that violates federal criminal law is ultra vires and hence neither discretionary nor immunized from the criminal consequences of such violation. [read post]
25 Mar 2024, 11:30 pm
Therefore, the amendment does not overstep competences and is not ultra vires (paras. 93 f.). [read post]
22 Mar 2024, 8:38 am
Both procedurally and substantively, the prosecutorial actions taken by Special Counsel Smith are ultra vires with respect to the Special Counsel Regulation. [read post]
15 Mar 2024, 7:04 am
The activists also sought to challenge the legality of the notices by arguing that they were ultra vires or of retrospective effect. [read post]
12 Mar 2024, 11:01 pm
It won't be difficult for a judge, or an appellate court, to find the rule ultra vires. [read post]
6 Mar 2024, 12:41 pm
Kanyinda, 2024 QCCA 144 [12] Les trois pourvois dont la Cour est saisie visent à déterminer si des personnes demandant l’asile, qui séjournent au Québec et sont titulaires d’un permis de travail, peuvent être exclues du programme d’accès aux services de garde subventionnés pour leurs enfants. [13] L’appel principal du procureur général du Québec (« PGQ ») porte sur la… [read post]
5 Mar 2024, 8:13 am
Here are a few preliminary thoughts about the Court’s decision yesterday in Trump v. [read post]
4 Mar 2024, 9:35 am
When courts strike down an agency action as ultra vires, the agency may return to the drawing board. [read post]
1 Mar 2024, 12:16 pm
State of Haryana, observed, “This Court held that the classification, which disqualifies candidates for having more than two living children, was non-discriminatory and intra-vires the Constitution, since the objective behind the provision was to promote family planning. [read post]
21 Feb 2024, 1:27 pm
Specter, the Supreme Court foreclosed meaningful judicial review of presidential action outside the APA framework, also known as ultra vires review. [read post]
15 Feb 2024, 3:33 pm
The most remarkable thing about last Thursday’s oral argument in Trump v. [read post]
12 Feb 2024, 11:30 pm
Consequently, Section 30 of the Act runs ultra vires the constitution. [read post]
8 Feb 2024, 2:38 pm
Contents include:Guillaume Le Floch & Francesco Seatzu, Quelques considérations sur le conflit d'intérêts en droit international public Valentina Zambrano, Gel des actifs des banques centrales étrangères pour de graves violations des droits de l'homme : une pratique ultra vires ou ultra innovantes ? [read post]
6 Feb 2024, 3:36 pm
Instead, Chase was adjudicating a habeas petition from a defendant sentenced by Judge Sheffey who was asking to have Sheffey’s actions declared invalid on grounds that the judge was acting ultra vires due to his Se [read post]
3 Jan 2024, 6:07 am
However, given that it is understood that a charity cannot have non-charitable purposes, but can carry on other intra vires incidental activities, (e.g. fundraising, head office management, investment etc.) that they need not be in direct fulfilment of the charitable purpose or purposes. [read post]
27 Dec 2023, 4:00 am
Since the Court took no issue with those provisions, they are presumed to be intra vires.) [read post]
