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21 Mar 2018, 1:39 pm by Mark Walsh
Justice Samuel Alito delivers a summary of his opinion in Ayestas v. [read post]
2 Apr 2007, 11:45 am
EPA "recalls the previous high-water mark of diluted standing requirements, United States v. [read post]
24 Mar 2010, 8:34 am by ---------------------------------
The plaintiff asked the Court to consider her claim under the Court’s previous standard stated in Fyffe v. [read post]
8 May 2023, 1:54 pm by Seth Davis
Crim argued that this 2014 decision no longer controls because in 2015 Congress amended the statute to state that the Tax Court is “not an agency of, and shall be independent of, the executive branch of the Government. [read post]
8 Apr 2025, 12:25 pm by Lawrence Solum
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]
16 Nov 2011, 10:45 am by John Elwood
  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 by Eugene Volokh
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 by Jared Williamson
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]