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25 Feb 2025, 7:46 am
In the Court’s estimation at the time, the FTC did not operate as an “executive” branch agency so much as a “quasi-legislative” or “quasi-judicial” agency. [read post]
19 Oct 2009, 6:57 am
Because plaintiffs' claims lacked judicially manageable standards and required the court to make policy choices better left to political branches of government, Judge Armstrong held that the political question doctrine applied. [read post]
13 Jul 2009, 10:27 am
The Founding Fathers set up the American judiciary as a check on the excesses of the elected branches, and as a refuge when those branches are corrupted, or consumed by passing passions. [read post]
20 Nov 2009, 1:54 pm
 No less than the other branches of government, the Judiciary is dependent on people to carry out its mission. [read post]
23 Aug 2012, 7:47 am
(Re Bickel, see here for a recent online Symposium on the 50th anniversary of the publication of his The Least Dangerous Branch.) [read post]
2 Jun 2007, 2:25 pm
Bench - The seat occupied by the judge; more broadly, the court or judicial branch itself. [read post]
12 Dec 2022, 2:57 pm
In our structure of separated powers, "an agency's refusal to institute proceedings" falls within "the special province of the Executive Branch"—a province the judiciary cannot invade. [read post]
30 Jan 2007, 4:36 am
Indian constitutionalism is committed to judicial supremacy, but not any emaciated form of judicial supremacy like ours. [read post]
23 Nov 2010, 11:57 pm
This in turn tends to undermine judicial independence. [read post]
20 Mar 2017, 5:30 am
He also recognizes that the judiciary is a check on the executive branch, including the modern regulatory scheme. [read post]
13 Oct 2024, 9:05 pm
Despite judicial pushback, federal policymakers should not abandon FPASA. [read post]
4 Nov 2009, 8:17 am
Tomorrow, I'll talk about how principled judicial engagement works (as opposed to judicial activism, which is a legitimate, though overblown, concern). [read post]
26 Jul 2011, 7:04 am
Understood as flowing from these premises—either instead or in addition to Professor Golove’s premises—judicial involvement in prize disputes does not provide any large amount of support for the strikingly aggressive judicial review (called “judicial imperialism” by Prof. [read post]
25 Jun 2015, 3:35 pm
The judicial branch still fares better, at sixty-one percent confidence, but that, too, is historically low. [read post]
26 Feb 2010, 1:05 pm
” Congress is not merely a co-equal branch of government. [read post]
8 Aug 2020, 4:23 am
In essence, the courts were taking judicial notice, based upon OSHA, that employers were knowledgeable and sophisticated about the relevant hazards. [read post]
2 Aug 2023, 9:01 pm
To me, somewhat uncomfortably.In our system of constitutional lawmaking, broad statutory conferrals of power to the Executive branch are dangerous for two distinct yet related reasons. [read post]
18 Apr 2025, 10:32 am
So appellate judges must convince their colleagues before they can exercise the judicial power of the United States. [read post]
28 Jun 2024, 1:56 pm
Careful attention to the judgment of the Executive Branch may help inform that inquiry. [read post]
14 Mar 2007, 10:52 am
In its view, the executive branch can use a general appropriation free from judicial review at the behest of taxpayers. [read post]
