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19 Apr 2009, 5:41 pm
Decades after the United States Supreme Court ruling in Gideon v. [read post]
8 Apr 2025, 12:25 pm
The Article then explores a theoretical critique of federal sovereign immunity, what I call the “voluntary sovereign problem”: If the people of the United States is the sovereign and the three branches of federal government are its agents, then whenever the judiciary grants relief to a meritorious claim against the United States, the sovereign would be voluntarily paying the aggrieved. [read post]
12 Feb 2008, 10:34 pm
This debate happened to come just a few days after I taught Brown v. [read post]
27 Mar 2008, 1:00 pm
This post is part of our Discussion Board regarding the Court's decision in Medellin v. [read post]
11 Nov 2009, 7:33 am
In Connecticut v. [read post]
1 Mar 2018, 1:10 pm
The Oyster Case: Graham Barclay Oysters Pty Ltd v. [read post]
11 Jan 2012, 8:11 am
The Minneci v. [read post]
4 Jun 2024, 9:26 pm
In Trump v. [read post]
30 Mar 2011, 7:52 pm
In Michigan Farm Bureau v. [read post]
29 Jun 2017, 3:09 am
This Skadden memo discusses Stadnick v. [read post]
16 Nov 2011, 10:45 am
And after taking an extra week to mull over a late-filed supplemental brief, the Court doled out a GVR in the once-relisted Branch Banking and Trust v. [read post]
15 Jan 2019, 6:51 pm
Lambert spoke to the issue of division of authority over the machinery of politics in the United States; those insights and perspectives may be useful going forward in considering the division of authority among the political and judicial branches over governance modalities that the American founding generation might not have recognized. [read post]
29 Jun 2022, 12:35 pm
Our holding does not, as the State contends, elevate the Board and MUS to a fourth branch of government or provide the Board veto power over state laws it disagrees with. [read post]
15 Nov 2023, 3:52 pm
It does not engage in checks and balances with the executive branch, but rather allows the courts to control the destiny of the administrative state. [read post]
14 Feb 2017, 3:16 pm
The Supreme Court endorsed such a test in a case called Boumediene v. [read post]
3 Mar 2020, 9:01 pm
It might be that because conditional funding (and conditional preemption) involves “deals” between the feds and the states—unlike ordinary preemption, in which states are given no choice in the matter—vagueness by Congress should be curable by the executive branch. [read post]
5 Jun 2013, 4:56 am
The United States argued that the Court should hear the appeal and hold that DOMA was unconstitutional as applied to deny recognition to a marriage that was legal under the law of the state where the couple resided, and further argued that BLAG did not have standing, because it was the responsibility of the executive branch alone to defend the constitutionality of a federal law. [read post]
4 Apr 2018, 7:50 am
See Department of Revenue of Ky. v. [read post]
5 Mar 2010, 7:22 am
Corp. v. [read post]
4 Sep 2010, 11:48 pm
United States v. [read post]
