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21 Feb 2012, 6:15 pm by justinsilverman
Upon being named U.S. attorney general by President Bush in 2001, John Ashcroft appeared on CNN to discuss his new position with Larry King. [read post]
31 Mar 2009, 4:57 am
Byrd should take a harder look at his own branch of government. [read post]
17 Dec 2017, 9:30 pm by Paul R. Verkuil
It is important to merge these disciplines under the rule-of-law banner because all branches are implicated and we may not be able to preserve the rule of law through the judicial branch alone. [read post]
27 Jun 2019, 9:46 am by Eric S. Schmitt
And these doctrines undermine the separation of powers by granting binding interpretive authority to the executive branch. [read post]
13 Jan 2020, 9:18 am by David Post
  The President's legal position—that members of the Executive Branch are categorically immune from any compulsion to testify in an impeachment inquiry, at least whenever the President declares that proceeding "partisan and unconstitutional"—is very weak. [read post]
31 May 2020, 9:02 pm by Bruno Queiroz Cunha
The inconsistent and underperforming federal executive branch in Brazil has also seen both the judiciary and the legislative branches take the lead in some crucial instances. [read post]
11 May 2022, 8:40 am by Eugene Volokh
Although it is true that the only Section 1905 prosecutions thus far have been brought against executive branch employees, this bit of legal historiography offers little protection to judicial or legislative branch employees. [read post]
29 Jun 2020, 11:32 pm by Josh Blackman
Moreover, Kagan broke the fourth-wall (or is it the third branch!?) [read post]
31 Jan 2019, 8:14 am by Brianne Gorod
” In a different case, Chief Justice John Roberts, joined by Justice Samuel Alito, noted in a concurrence that “[t]he bar is now aware that there is some interest in reconsidering those cases. [read post]
12 Jan 2015, 10:17 am
Second, Darby is best read as a doctrine to govern the judiciary in which judges will defer to other branches (though it is clearly claiming to be more than this). [read post]
27 Dec 2015, 9:30 pm by RegBlog
It recognizes that regulations don’t implement themselves; “principled agents” (to borrow a phrase from John DiIulio) do. [read post]
20 May 2010, 7:03 pm by David Bernstein
But I find it bizarre that Bartlett considers a Court that was essentially “localist” on civil rights issues–keep all three branches of the federal government out of state and local business–to be “libertarian. [read post]
3 Dec 2006, 8:08 pm
It requires understanding the purpose of the creation of a third coequal branch, the judicial branch, with the attendant common law judicial powers and restraints. [read post]
28 Jun 2024, 9:37 am by Amy Howe
But in a 35-page ruling by Chief Justice John Roberts, the justices rejected that doctrine, calling it “fundamentally misguided. [read post]
24 Nov 2020, 1:47 pm by Jennifer Nou
The agency has also historically engaged in a robust administrative process during which intra-executive branch deliberations may be more contested. [read post]
3 Oct 2023, 2:33 pm by Amy Howe
And that, Francisco cautioned, “would work a sea change in the separation of powers” between the branches of government. [read post]
10 Dec 2019, 3:48 pm by John Duffy
” All of this in a patent case that, as Chief Justice John Roberts recognized, may be “small potatoes” even within the narrow realm of patent law. [read post]
6 Aug 2018, 9:30 pm by Jonathan H. Adler
Chief Justice John Roberts has suggested that, insofar as Chevron is retained, it needs to be tamed. [read post]