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17 Sep 2021, 5:01 am by Jacob Pagano
For Lynch, the government’s “superior knowledge” about the implications of burden allocation  “reinforces [the] conclusion that the political branches should decide such questions in the first instance. [read post]
16 Sep 2021, 1:34 pm
The history of immigration law in this country, for better or worse, has generally been a story of judicial deference to the political branches. [read post]
” The central claim of the Dana Priest story was that “With the stroke of his pen, [Obama] effectively declared an end to the ‘war on terror,’ as President George W. [read post]
10 Sep 2021, 4:15 am by Howard Friedman
The federal government therefore brings this suit directly against the State of Texas to obtain a declaration that S.B. 8 is invalid, to enjoin its enforcement, and to protect the rights that Texas has violated.The complaint contends that state action is present, even though the statute relies on private enforcement:[W]hile Texas has gone to unprecedented lengths to cloak its attack on constitutionally protected rights behind a nominally private cause of action, it nonetheless has compelled… [read post]
3 Sep 2021, 2:25 am by INFORRM
While the Commission refrained from addressing the allegations in relation to the previously existent state monopoly, it reasoned with regards to the licensing process that the Minister of Communication could not be understood as an independent regulatory body since as part of the executive branch, it does not enjoy the required protection from political interference. [read post]
29 Aug 2021, 9:00 pm by Vikram David Amar and Evan Caminker
This essay extends our virtual conversation with Berkeley Law’s Dean Erwin Chemerinsky and Professor Aaron Edlin about the constitutionality of California’s procedures governing the upcoming recall election for Governor Gavin Newsom. [read post]
23 Aug 2021, 2:53 am by Andrew Lavoott Bluestone
Branch), Inc. v Friedman LLP  2021 NY Slip Op 03411 [195 AD3d 418] June 1, 2021 Appellate Division, First Department illustrates how the Courts recognize preponderance, but really require a much higher level of probability. [read post]
9 Aug 2021, 9:01 pm by Vikram David Amar
  To be sure, Blagojevich might try to walk back his careless press conference statements if standing becomes an issue, but the federal court needn’t credit his later-asserted plans of office-holding, especially since standing is often a convenient way for federal courts to avoid having to deal with cases they’d otherwise have no interest in resolving.And there is yet a third threshold, or “justiciability,” hurdle—that of the “political question”… [read post]
17 Jul 2021, 6:30 am by Guest Blogger
Trump grasped the idea of executive branch unity and ran with it. [read post]
10 Jul 2021, 7:00 am by Rainer Winters
This article was originally published in German on 5/21/21 on analogo.de  The drama surrounding the Wirecard financial group shows what an unbearable intentional community German authorities have established together with Germany’s financial and economic elite. [read post]
10 Jul 2021, 7:00 am by Rainer Winters
This article was originally published in German on 5/21/21 on analogo.de  The drama surrounding the Wirecard financial group shows what an unbearable intentional community German authorities have established together with Germany’s financial and economic elite. [read post]
8 Jul 2021, 4:44 pm by Sabrina I. Pacifici
[New York Public Library system President Anthony W. [read post]
5 Jul 2021, 3:38 pm by Sabrina I. Pacifici
Research Data Curation and Management Bibliography – This bibliography by Charles W. [read post]
1 Jul 2021, 7:48 am by Rachel E. VanLandingham
Bush and later strongly condemned President George W. [read post]