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23 Feb 2014, 3:14 pm
Second, defendants F, G, H, I, J and K established their prima facie entitlement to judgment as a matter of law dismissing the fifth and seventh causes of action on the ground of judicial immunity. [read post]
10 Feb 2022, 10:01 am
.: ORDERED that the branch of the appellant's [New York Times'] motion which is to stay enforcement of the order pending hearing and determination of the appeal is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 11, 2022; and it is further, … ORDERED that the branch of the appellant's motion which is to vacate the order is denied …. [read post]
2 Jul 2012, 3:05 am
He has been an International Judicial Assistance scholar since 2010, working under Prof. [read post]
5 Apr 2012, 10:46 am
We, or some of us, elect two branches and one branch names the third; to say that Justices are not elected is true only in the technical sense. [read post]
10 Jan 2024, 2:12 pm
With respect to the independent agencies, the judicial branch should reassume a pre-Chevron posture of applying more exacting scrutiny to the statutory interpretations of independent agencies. [read post]
27 Jun 2014, 6:11 am
The Supreme Court today decided to respect that answer, as if applying stare decisis to political branch answers to questions that have become judicial branch questions over time. [read post]
19 Jan 2022, 6:30 am
A Theory of the Executive Branch addresses the same issues as Prof. [read post]
8 Aug 2016, 2:30 pm
The Constitution guarantees due process, not judicial process. [read post]
8 May 2018, 9:50 am
” In brief, Whittington argues: (1) that commanding a President to appear before a court and provide testimony “intrudes on the core functioning of a coordinate branch” in a way that commanding the President to turn over documents or even recordings does not; and (2) the courts should be reluctant to play (borrowing Mark Tushnet’s phrase) “constitutional hardball” against the political branches in general, and most especially here, where they… [read post]
18 Dec 2021, 9:54 am
But that judicial oversight is simply not justified by constitutional or statutory text or history. [read post]
31 Jul 2014, 1:12 pm
Stripped to its essentials, Gibson is the judicial branch thumbing its nose at the supposedly co-equal legislative branch and saying “we can do it but you can’t. [read post]
13 Dec 2010, 8:12 pm
But while Branch is good law on this point, it does not provide an independent basis for judicial notice. [read post]
21 Nov 2022, 9:48 am
The criteria the Supreme Court has developed in its political-question cases—absence of judicially manageable standards and textual assignment to a coordinate branch—help illuminate why. [read post]
10 Nov 2022, 4:00 am
Judicial Branch The judicial power of Puerto Rico is exercised by the Supreme Court of Puerto Rico, as well as the lower courts created by the legislative assembly. [read post]
14 Feb 2020, 8:30 am
Judicial Branch Staff Attorney, Chinle Judicial District, Chinle AZ. [read post]
13 Aug 2018, 7:04 am
Pre-Chevron administrative agencies did enjoy the benefit of less extensive forms of judicial deference, such as "Skidmore deference. [read post]
16 Jan 2017, 9:46 pm
The Administrative Branches: The Non-Delegation Doctrine, An IntroductionChapter 14. [read post]
7 Feb 2023, 5:15 pm
Petition begins with a very broad framing: “Whether a State’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives . . . prescribed . . . by the Legislature thereof,” U.S. [read post]
22 Apr 2022, 4:23 pm
it is not said that branch of the government shall be authorized to declare void any action of a State in violation of the prohibitions. [read post]
19 Oct 2023, 5:19 am
” In Australia, Janina Boughey claims that there is no explicit judicial deference to the executive. [read post]
