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28 Apr 2007, 6:47 pm
Notice that my view here doesn't preclude the recommendation that the president and the political branches should act in such a way as to facilitate ultimate judicial review of the constitutional question. [read post]
31 Oct 2015, 2:39 pm by David Cheifetz
The judicial pecking order does not permit little peckers to overrule big peckers. [read post]
4 Dec 2007, 7:38 pm
Ultimately the tapes will be made available to judicial colleagues, historians, scholars, law students, and members of the public. [read post]
7 May 2015, 2:15 pm by David Kravets
"The NSA is overseen by the executive, legislative, and judicial branches of our government. [read post]
23 May 2015, 6:29 pm by Sabrina I. Pacifici
The chapter first discusses judicial regulation of the Internet as a story of inter-branch power sharing. [read post]
12 Aug 2010, 7:51 am
Believing in the criminal system and Judicial branch they took their case to trial and Shaun was acquitted of two felony counts but found guilty on one. [read post]
23 Jun 2011, 8:51 am by Bill Otis
  First, it apparently was not the prosecutors' idea to launch this case; it seems the judicial branch ordered that it be undertaken  --  "Even the prosecutors called for his acquittal, saying that his remarks may be offensive, but they are part of legitimate political debate. [read post]
6 Jan 2020, 12:44 pm by Erin McCarthy Holliday
“It does not appear possible that a final judicial resolution of the still-unanswered Constitutional questions can be obtained before the Senate acts,” Bolton wrote Monday. [read post]
17 Jul 2008, 7:49 pm
Previous attempts by the Executive branch to stall the executions have been ignored by the courts holding to their sentences. [read post]
29 Apr 2011, 9:55 pm by Lawrence Solum
Here is the abstract: Judicial interpretation of regulatory standards generally relies on the presumption that agencies are politically accountable and democratically “appointed” actors. [read post]
28 Jun 2011, 7:24 pm by Big Tent Democrat
The filing, in the case In re Balas and Morales (11-bk-17831-TD Doc 53), states that: Although Attorney General and the President have concluded that Section 3 of DOMA, as applied to legally married same sex couples is subject to heightened scrutiny and is unconstitutional under that standard, the President has instructed that Executive Departments and agencies continue to comply with Section 3 unless and until it is repealed by Congress or there is a definitive ruling by the Judicial… [read post]
20 Feb 2012, 9:00 pm
Furthermore, besides nudging Congress or the executive branch, public law litigation and state legislative activity can also help fill the gaps created by congressional or presidential policy defaults. [read post]
27 Jan 2021, 4:45 am by Matthew L.M. Fletcher
The Court invokes its publici juris doctrine to assume original jurisdiction here as Petitioners have presented this Court with an issue of public interest in urgent need of judicial determination. [read post]
3 Dec 2009, 1:45 pm by Cheryl Nyberg
Here is a description of the Manual from the GPO Access website: As the official handbook of the Federal Government, the United States Government Manual provides comprehensive information on the agencies of the legislative, judicial, and executive branches. [read post]
7 Aug 2012, 9:41 am
Here's the abstract:In this essay we draw upon the theoretical and empirical literatures on the evolution of court independence within modern democratic states to identify aspects of their political environments that have fostered judicial independence at the domestic level. [read post]
9 Nov 2011, 6:35 am by Ted Frank
Mississippi voters have elected a governor, legislature, and high-court judiciary willing to restore the rule of law to the state and attempt to end its reputation as a judicial hellhole, but because trial lawyers control the office of a down-ballot executive branch race, the voters' will and true justice reform is hindered. [read post]
21 Dec 2016, 3:22 am by Walter Olson
Louis, California, NYC asbestos litigation, south Florida and the Florida Supreme Court, and New Jersey are top five “winners” in latest annual “Judicial Hellholes” report, which also includes a focus on qui tam/whistleblower suits [American Tort Reform Association, report and executive summary] Deep pocket lawsuits remain systemic problem in America for political branches to address [David Freddoso, Washington Examiner investigation] Florida insurers… [read post]
3 May 2011, 10:08 am by Terry Lenamon / Reba Kennedy
According to news reports, the Florida Senate heard much debate where things like the Federalist Papers were discussed -- you know, constitutional arguments about things like a balance of power between executive, legislative, and judicial branches, etc. -- and the result was that the senators went back and revised the language, amending it, and then sending this amendment back to the House so the House can vote on the new version. [read post]
11 Jul 2011, 3:08 pm
And today, I filed a Reply Brief for Appellant in a case that raises issues of separation of powers and judicial deference to the legislative branch concerning whether an organization qualifies as a "purely public charity" under Pennsylvania's Constitution. [read post]