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20 Sep 2007, 2:16 pm
Instead, it suggests that arbitration of consumer disputes must be prohibited for one simple reason - our system of government needs the judicial branch and in the consumer arena it is slowly disappearing. [read post]
3 Apr 2007, 9:59 am
Lawson's main thesis is that the original understanding of the Constitution supports what we call the judicial deference thesis - that courts should defer to the executive and legislative branches during emergencies. [read post]
15 May 2023, 11:38 am
Finally, allowing standing for members of Congress under Section 2954 not only expands the judicial power, but otherwise unbalances the Constitution's separation of powers. [read post]
28 Jun 2009, 6:29 am
Yesterday, Chief Justice John Roberts attended the Fourth Circuit judicial conference at the Greenbriar, in West Virginia, where he was interviewed by Judge J. [read post]
8 Mar 2011, 7:09 am
This tripartite framework provides a vocabulary for identifying and describing certain patterns of reasoning in judicial decisions. [read post]
1 Feb 2012, 4:54 pm
In Part II, I explore and critique Flaws arguments for judicial deference. [read post]
8 Dec 2009, 2:41 am
He said he'll push his legislative colleagues to find money for the Judicial Branch program. [read post]
14 Jun 2014, 1:10 pm
The judicial branch has the authority to try those charged with crimes and sentence those who are convicted. [read post]
15 Aug 2012, 10:44 am
Past judicial challenges involved the deprivation of Constitutional rights. [read post]
10 Apr 2016, 12:33 pm
In reality, the federal judiciary, as well as state judicial systems throughout the country, are increasingly under assault from both the executive and/or legislative branches of government. [read post]
18 Mar 2025, 9:01 pm
Leavitt’s statement is outrageous because it seemingly asserts power to defy court orders with which the executive branch disagrees. [read post]
7 Aug 2008, 4:00 am
Surprisingly, the award for Judicial Activism goes to . . . [read post]
20 Feb 2015, 1:30 pm
” Judicial selection The address stopped short of making concrete suggestions, with the Chief saying that he had “no consensus solution to offer” from the judicial branch. [read post]
11 Feb 2025, 2:19 pm
" That obviously includes cases challenging the legality of policies adopted by the executive branch. [read post]
22 May 2025, 9:13 pm
Fact-finding is at the core of the judicial enterprise, and once the Court starts simply making things up, it loses its legitimacy. [read post]
2 Oct 2023, 6:30 am
A more likely reason why the lack of deference is not a significant problem for the executive in Australia is the fact that it is a Westminster parliamentary system—with no separation between the executive and legislative branches. [read post]
18 Jun 2009, 2:26 pm
More significantly, the Chief Justice’s choice of words in rejecting judicial recognition of a new right is telling. [read post]
12 Oct 2010, 1:49 pm
” First, that the judicial branch may have deferred to the executive branch’s claim of privilege in the interest of national security does not preclude the government from honoring the fundamental principles of justice. [read post]
27 May 2008, 2:26 pm
As a quiet, but steady undercurrent of judicial discontent emerges from the Province's courts, it is becoming apparent the status quo is increasingly unsatisfactory, if not yet wholly untenable. [read post]
23 Feb 2012, 3:00 am
In any case, Ecuador is responsible under international law for the acts of all its branches of government, including the judiciary, even though it may be that the executive cannot force the judiciary to act in accordance with international law for reasons of Ecuadoran internal law. [read post]
