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9 Sep 2024, 9:01 pm by Rodger Citron
On your political science chart, draw an arrow shifting power away from administrative agencies under Article II of the Constitution towards the judicial branch under Article III.Two other cases this term, Corner Post, Inc. v. [read post]
1 Mar 2010, 4:47 pm by SOIssues
” Moran noted that sometimes judicial orders lacking precise language can present problems for executive branch agencies seeking to comply. [read post]
10 Jul 2015, 6:40 am
The court began its opinion by explaining how the convictions arose:From 1990 to 1995 and again from 2005 until her termination in 2012, Beckwith worked for the Maine Judicial Branch Office of Transcript Production (Office), which coordinates the production of transcripts of court proceedings. [read post]
4 Feb 2011, 4:40 pm by David Lat
” Santorum added, “The courts were supposed to be the most insignificant branch of the government. [read post]
24 Dec 2011, 2:58 pm by Sonia McNeil
“The term ‘United States’ in § 2241(e)(2) refers to the Executive Branch, not the Judicial Branch,” Judge Leon stated, “[t]hus, the determinations of the two separate CSRTs . . . more than satisfy the statutory requirements. [read post]
21 Jan 2017, 9:02 am by Shawn R. Dominy
With this decision, the Court failed to fulfill the judicial branch’s role to act as a check on the exercise of power by the other two branches. [read post]
2 Apr 2014, 5:49 am by Marc DeGirolami
The executive branch, however, ultimately assumed more control over distribution decisions through “finality clauses,” which expressly barred judicial review of large international settlement funds. [read post]
21 Jan 2017, 9:02 am by Shawn R. Dominy
With this decision, the Court failed to fulfill the judicial branch’s role to act as a check on the exercise of power by the other two branches. [read post]
17 Apr 2025, 9:00 am by Curtis A. Bradley
  Congress’s new transparency rules are designed precisely for the current situation, in which the executive branch has made a significant, controversial, and potentially illegal agreement, and there is a pressing need for congressional, public, and judicial scrutiny of its contents. [read post]
10 Jun 2012, 9:55 am by Leland E. Beck
No regulation lasts forever – its viability is constantly challenged, and its environment constantly changes and is influenced by new statutes, judicial decisions, other regulations, and second looks. [read post]
24 Mar 2011, 3:09 pm by Jameel Jaffer, Center for Democracy
Over the last decade, lawyers for the Bush and Obama administrations have contended, controversially, that many government surveillance programs are effectively immune from judicial review. [read post]
14 Mar 2018, 6:15 am by Douglas A. Berman
Courts yesterday released here is Annual Report on "Judicial Business 2017" providing lots of statistics on the work of the federal Judiciary for the fiscal year ending September 30, 2017. [read post]
2 Jul 2018, 4:07 am by Marty Lederman
  And until this week, the post-Bolling Court had never opined on the question of whether the political branches may use race or religion as a criterion for entry. [read post]
4 Nov 2022, 1:27 pm by Guest Author
Some reforms that Shane advocates to foster deliberation and dialogue, such as bringing presidential involvement in agency decisionmaking under the purview of the APA and judicial review, would pose significant obstacles to such presidential direction. [read post]
20 Nov 2009, 11:58 am by Chuck Ramsay
  In my opinion, this would save judicial resources and be more efficient for the courts and litigants. [read post]
12 Feb 2009, 6:01 am
First, the Supremacy Clause does not by itself tell us the extent to which treaties should be judicially enforceable. [read post]
8 Nov 2006, 3:56 pm
Even the decision in Korematsu upholding the challenged internment orders was eventually repudiated by all three branches of the government. [read post]
23 Feb 2011, 6:00 am by Cicely Wilson
Instead of targeting someone with implied or explicit threats, why not take some time to bone up on how our branches of government work? [read post]
2 Oct 2008, 5:43 am
Nonetheless, the separation-of-powers concerns that motivate the restrictive approach do justify a rule of judicial deference. [read post]