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17 Jan 2023, 7:00 am
The most visible example of eroding judicial independence is the case of Osman Kavala, a civil society activist and philanthropist who now has been jailed for more than 1,900 days on spurious charges once dismissed by a court only to be reinstated and upheld just last month, in a ruling condemned internationally as violating the rule of law. [read post]
17 Jan 2023, 5:58 am
Rather than await a full-blown international court with full-time judicial and administrative staff and buildings to house them, prosecutors and investigators could carry out time-sensitive work. [read post]
17 Jan 2023, 5:31 am
Rather, the government can make a determination on deportation or extradition, but it is subject to judicial review should the person appeal the decision. [read post]
15 Jan 2023, 9:45 am
In 1995 Aharon Barak, former Supreme Court Chief Justice from 1978-1995 and President of the Supreme Court from 1995-2006, championed this clause to elevate Basic Laws above other legislation and established Judicial Review in Israel – giving the court power to strike down Legislation that might violate the 12 Basic Laws. [read post]
15 Jan 2023, 7:57 am
From the Department of Paragraph Numbering is Hard Work: On Friday, the North Carolina Judicial Branch issued a news release titled “Supreme Court of North Carolina Withdraws Order Implementing Universal Citation System; The Court is withdrawing its previous order implementing the universal citation system for judicial opinions and publications. [read post]
15 Jan 2023, 6:30 am
The Court masks the novelty of its approach when it suggests that the difference between us [members of the Court] is that we would “close the door to further independent judicial recognition of actionable international norms,” whereas the Court would permit the exercise of judicial power “on the understanding that the door is still ajar subject to vigilant door keeping. [read post]
14 Jan 2023, 3:14 pm
Skip the courts. [read post]
14 Jan 2023, 11:51 am
The common law exceptions have been created by the Florida Supreme Court. [read post]
14 Jan 2023, 6:30 am
,” but rather with the more focused question, “What way of interpreting these words will contribute best to a system in which courts and the political branches share responsibility for promoting human betterment? [read post]
14 Jan 2023, 1:38 am
He doesn't normally do that either, nor has he been tasked with judicial oversight. [read post]
13 Jan 2023, 8:33 am
” The Locarno classification system is not perfect for this use but it may provide a second-best solution if judicial common law development proves unworkable. [read post]
13 Jan 2023, 6:30 am
A mature legal system, Hart taught, also includes rules of adjudication and change. [read post]
13 Jan 2023, 6:08 am
When it comes to the federal system, whatever limitations PACER has, there’s still a singular system that you can work with. [read post]
13 Jan 2023, 4:26 am
In a court filing yesterday Google urged the Supreme Court not to scale back liability protections for websites such as YouTube and Facebook. [read post]
13 Jan 2023, 4:06 am
These detentions, which violate the law, contribute to rising detention rates as well as racial and socioeconomic disparities in the federal system. [read post]
13 Jan 2023, 3:30 am
In the judicial context, redundancy creates competition among courts. [read post]
13 Jan 2023, 3:00 am
Anchorage Superior Court Judge Jack McKenna ruled in December that Eastman was eligible to hold public office despite his membership in the Oath Keepers, a far-right militia group that had some members and leadership participate in the riot at the U.S. [read post]
12 Jan 2023, 6:04 pm
The report showed that huge court backlogs, the crumbling court infrastructure and a lack of judges and lawyers contributed to an overall failure of the criminal justice system and 19 recommendations to the government. [read post]
12 Jan 2023, 4:23 pm
A party seeking a letter of request also must convince the issuing court to ask a foreign court for assistance, taking into account the burden that such a request necessarily imposes on the judicial system of another nation. [read post]
12 Jan 2023, 8:40 am
Copyright Office decision that found artificial intelligence systems are not entitled to copyright protection for the works that they create. [read post]