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26 Jul 2022, 9:07 am by Deborah J. Merritt
Oregon’s Supreme Court has approved a similar path in principle, and a committee is fleshing out details. [read post]
26 Jul 2022, 8:55 am by Lawrence Solum
The new major questions doc-trine provides additional mechanisms for polarization by judicially solidifying polarization into the courts’ interpretation of statutes. [read post]
26 Jul 2022, 5:55 am by Heather Zimmerman
Most of these states intend to enforce their abortion bans through the criminal justice system. [read post]
26 Jul 2022, 5:01 am by Yuval Shany, Amichai Cohen
Still, as judicial authorities on the extraterritorial application of the Basic Laws to nonnationals were conflicting (in the Adalah case, for example, the court held that the Basic Laws protect the right of Palestinians harmed inside the occupied territories to access courts inside Israel), and since the matter was not properly argued before the court, Sohlberg agreed to assume for the sake of argument that an infringement of a constitutional right had occurred. [read post]
26 Jul 2022, 5:01 am by Eugene Volokh
In such situations, it's especially important that lies be deterred and punished by the legal system. [read post]
In response to the widespread international criticism of its intention to execute the four individuals, Myanmar’s foreign ministry had argued that the country’s judicial system had fairly proved that “[Phyo Zeya Thaw and Ko Jimmy] were … masterminds of orchestrating full-scale terrorist attacks against innocent civilians to instill fear and disrupt peace and stability. [read post]
25 Jul 2022, 6:00 am by Thom Lambert
 They explain: To clarify to courts and policymakers that Congress wants something different (and stronger), new terminology is required. [read post]
24 Jul 2022, 7:28 pm by Sabrina I. Pacifici
Judicial intervention is essential to the survival of a constitutional system that is based on principles of separation of powers, federalism, and respect for individual rights. [read post]
24 Jul 2022, 1:09 pm by Bob Bauer, Jack Goldsmith
First, the governor or specified state official must answer to the state court system, where he or she would be subject to judicial remedies to enforce state law. [read post]
24 Jul 2022, 12:05 am by Frank Cranmer
The module will look at the UK’s preparedness for whole-system civil emergencies, including resourcing, the system of risk management and pandemic readiness. [read post]
23 Jul 2022, 4:48 pm by INFORRM
They argue that insights from literary and linguistic theories of humor – from Simpson’s work on satirical discourse to Attardo and Raskin’s General Theory of Verbal Humor – can set the basis for a more fine-grained and systematic approach to humor across different judicial systems. ● A Guide on Using International Freedom of Expression Norms in Domestic Courts. [read post]
22 Jul 2022, 6:02 pm by David Kopel
A system that bans open carry while allowing concealed carry does not violate the Second Amendment. [read post]
22 Jul 2022, 12:31 pm by Eugene Volokh
The following year, the Supreme Judicial Court of Massachusetts struck down that State's cognate law using a strict-scrutiny analysis and rejecting the State's "attempt to shoehorn [the challenged law] into the exception for defamatory speech. [read post]
22 Jul 2022, 9:21 am by Jeffrey P. Gale, P.A.
 is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. [read post]
22 Jul 2022, 8:33 am by Josh Blackman
On Thursday, Justice Kagan spoke to the Ninth Circuit Judicial Conference. [read post]
21 Jul 2022, 9:05 pm by Bryn Hines
Litman and Deacon warned that the Court’s new approach to the major questions doctrine may allow politics to inform the Court’s interpretation of statutes and “supplies an additional means for minority rule in a constitutional system that already skews toward minority rule. [read post]
21 Jul 2022, 5:29 pm by Michel-Adrien
They build structures, systems, and tools for access, quality, economy, and efficiency. [read post]
21 Jul 2022, 2:50 pm by Eugene Volokh
.): Transparency and public access to judicial proceedings are of paramount importance. [read post]