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1 Nov 2022, 4:00 am
The existence of these myths and stereotypes informs how women try to present themselves and navigate the justice system. [read post]
31 Oct 2022, 11:02 am
(cautioning against a litigation world in which "Does and Roes would predominate," and warning that "[a] judicial system replete with Does and Roes invites cynicism and undermines public confidence in the courts' work. [read post]
31 Oct 2022, 5:59 am
In general, collection inside the United States or from U.S. companies (Section 702) is subject to legislative limitations and judicial oversight by the Foreign Intelligence Surveillance Court (“FISA Court”), while collection outside the United States (EO 12333) is not. [read post]
30 Oct 2022, 9:09 pm
Concretely, this implies that some hypothetical cases—concerning, among other things, expropriation, rule-making and judicial review—are formulated to see how they would be solved in each of the legal systems selected. [read post]
30 Oct 2022, 9:00 pm
That is a well-recognized and sad fact of this nation’s death penalty system. [read post]
28 Oct 2022, 7:59 pm
Accomplishes the court’s strategic objectives by overseeing court staff and the operations of the court system. [read post]
28 Oct 2022, 6:30 am
An additional wrinkle is that Sweden and Finland’s system of extradition is a judicial process, with decisions made by their court system, based on the rule of law, rather than political calculations. [read post]
28 Oct 2022, 5:55 am
Confirming that the respondents’ arguments are neither unwarranted anxiety nor academic speculation, amici with real-world election and judicial experience from across the political spectrum have echoed these same concerns. [read post]
28 Oct 2022, 4:00 am
The handful of Supreme Court opinions that have backed presidentialist arguments are portrayed as having great causal significance, but the driving forces behind the growth of presidential power would seem to be deeper and at play earlier than the judicial opinions endorsing those developments. [read post]
27 Oct 2022, 4:45 pm
Article 18 provides the Court with the tool that the drafters of the Convention thought essential to preserve this extraordinary system for protecting human rights. [read post]
27 Oct 2022, 12:26 pm
Reiling, Courts and Artificial Intelligence, International Journal for Court Administration 11(2), p. 8 (2020). [read post]
27 Oct 2022, 4:00 am
Today’s Supreme Court imagines itself at the center of the Constitutional universe, when it is but a part of that system. [read post]
26 Oct 2022, 10:17 pm
Have we reviewed our data breach policies, processes and systems, including the process by which potentially notifiable data breaches are assessed? [read post]
26 Oct 2022, 4:45 pm
Kline School of Law; Yale Law School) has posted Judicial Illiberalism: How Captured Courts Are Entrenching Trump-Era Immigration Policies (Lex, September 2022, at 28) on SSRN. [read post]
26 Oct 2022, 10:15 am
The DOJ’s decision not to appeal the Fifth Circuit’s decision, highlights one of the longstanding issues with our system of judicial review of tax matters – that authoritative rules to resolve a tax controversy may not be determined for a protracted period of time.[4] In this case, the DOJ’s decision not to appeal causes considerable uncertainty for taxpayers because, absent a legislative fix, taxpayer’s with materially similar facts may have different… [read post]
26 Oct 2022, 8:55 am
Finally, the essay briefly considers and evaluates certain other current reform proposals – increasing the size of the Court, stripping it of jurisdiction, and establishing a legislative override – which, while more squarely within Congress’s powers to enact, do not reflect how most other systems of judicial review attempt to keep inherent concerns about discretionary and partisan decision-making to the minimum. [read post]
26 Oct 2022, 6:06 am
Fortunately, the Florida justice system is pushing back, and rightly so. [read post]
25 Oct 2022, 10:46 am
Bell, On the Waterfront: Was a Post on this Page the Genesis of an Original Action in the Supreme Court? [read post]
25 Oct 2022, 9:05 am
While a Bais Din system of adjudication is incorporated into the Israeli legal system, in the United States and elsewhere, parties must submit to an Alternative Dispute Resolution (ADR) process known as arbitration when submitting disputes to a Bais Din. [read post]
25 Oct 2022, 6:30 am
Some readers may be surprised to discover that his judicial hero, in many ways, is not, say, William J. [read post]
