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6 Jul 2022, 10:05 am
(See n.6 of Thomas’s opinion: “[i]n our adversarial system of adjudication, we follow the principle of party presentation. [read post]
6 Jul 2022, 8:16 am
At a time when the democratic legitimacy of courts is increasingly being questioned across a wide range of countries, including the United States, there is a resurgence of interest in what Roberto Gargarella describes as a “dialogical understanding” of the system of checks and balances, where, for example, courts set broad goals, deadlines, and implementation pathways, but leave substantive decisions and detailed outcomes to governmental agencies. [read post]
6 Jul 2022, 7:11 am
That Rule regulated existing coal-fired steam plants only on an individual basis, rather than effecting state-wide (i.e., “system”-wide) change. [read post]
6 Jul 2022, 6:42 am
New York State Unified Court System. [read post]
6 Jul 2022, 6:39 am
But they may face others, such as how local courts will recognize and cooperate with a new court operating according to a different legal system and in a different language. [read post]
6 Jul 2022, 6:32 am
For many years, however, the Supreme Court has recognized three judicially created exceptions to patent eligibility, providing that you cannot patent: (1) laws of nature, (2) natural phenomena, or (3) abstract ideas. [read post]
6 Jul 2022, 6:30 am
It was these same ends Vermeule considered structurally ill-served by a constitutional system with a weak executive, modest administrative state, powerful Courts, and policy-driving legislature. [read post]
6 Jul 2022, 5:48 am
The electoral system has been gutted, prodemocracy and opposition activists arrested, independent media demolished, and internet freedom restricted. [read post]
5 Jul 2022, 10:09 pm
That new rule will be subject anyway to immediate, pre-enforcement judicial review. [read post]
5 Jul 2022, 9:30 pm
Kellen Funk, Columbia Law School, has posted Equity's Federalism, which appears in the Notre Dame Law Review:Joseph Story (NYPL)The United States has had a dual court system since its founding. [read post]
5 Jul 2022, 9:02 pm
The recent Massachusetts Supreme Judicial Court ruling largely promotes private transitional justice to remedy the ongoing harm, but both concurrences suggest a preference for the courts to also play a role. [read post]
5 Jul 2022, 9:01 pm
These systems were funded separately, but, in general, fees owed by debtors under each system have been proportional. [read post]
5 Jul 2022, 11:38 am
But thinking more systemically and in the long term, getting Congress to amend a statute remains an easier proposition than navigating the constitutional amendment process. [read post]
5 Jul 2022, 5:57 am
Second, the Court’s distinction between facility-based technological “systems” for pollution control and structural “systems” for non-coal energy is substantively flawed. [read post]
4 Jul 2022, 5:45 pm
The Article concludes that reformers should proceed carefully and analyze the state-specific benefits and drawbacks of placing supervisory authority for home rule in state courts. [read post]
4 Jul 2022, 12:45 pm
When impartiality is present, public confidence in the judicial system is enhanced. [read post]
4 Jul 2022, 5:26 am
The Declaration had to be explained away–quite unconvincingly–by the Supreme Court in Dred Scott. [read post]
4 Jul 2022, 2:42 am
It is an alternative to filing a lawsuit with the court and going through the judicial process. [read post]
3 Jul 2022, 8:38 pm
If a party repeatedly wins the presidency (and to a lesser extent controls the Senate), the judicial views of that party should be reflected on the Court. [read post]
3 Jul 2022, 1:41 pm
While the workers’ compensation system is remedial social legislation crafted over a century ago, it does not provide sufficient economic incentive to make the workplace safer and offer adequate damages to make the worker and his dependents whole from the loss created by an unsafe workplace. [read post]
