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27 Jan 2022, 12:23 pm by Pratik Shah
Engage in our democratic system Justice Breyer is the ultimate “small-d” democrat — a true believer in our democratic system. [read post]
27 Jan 2022, 7:03 am by Brianne Gorod
As I think about Justice Breyer’s legacy, I think it will be defined in large part by those broader ideas about our system of government. [read post]
27 Jan 2022, 12:50 am by Cristina Mariottini
In this framework, mediation is increasingly identified as the main echanism for dispute resolution and social management: in this respect, the increasing use of technology proves to be crucial for the development of mediation platforms and the efficiency of the entire judicial system. [read post]
26 Jan 2022, 9:00 pm by Joanna L. Grossman
 According to the opinion in Bellotti, a state may only require parental consent or notification for abortion if it also makes available a “judicial bypass” option that allows the pregnant minor to seek judicial rather than parental approval for her decision to have an abortion. [read post]
26 Jan 2022, 11:11 am by Amy Howe
However, Kruger was rated “exceptionally well qualified” by the California state bar group responsible for evaluating judicial nominees, and in December 2014 she was confirmed by the Commission on Judicial Appointments, a three-member body that holds a hearing to consider and decide whether to confirm nominees to the state’s highest courts. [read post]
26 Jan 2022, 6:30 am by Guest Blogger
  The first thing to notice comparatively is that the emphasis in the US system is and always was regulatory agencies. [read post]
26 Jan 2022, 5:01 am by Bill Baer, Stephanie Pell
These questions are being debated within society, at the antitrust agencies, in the courts, and in Congress. [read post]
25 Jan 2022, 2:37 pm by Eugene Volokh
Given the overwhelming judicial consensus on the other side of the issue, one would have expected more than a footnote from the court. [3.] [read post]
24 Jan 2022, 7:36 pm by fjhinojosa
Rosen’s article Civilian Courts and the Military Justice System: collateral Review of Courts-Martial is cited in the following article: Joshua E. [read post]
24 Jan 2022, 5:17 pm by Jonathan H. Adler
If a majority of the Court concluded that OSHA could not impose a vax-or-test requirement on all large employers as an emergency occupational health standard, it is unlikely to conclude that the EPA's authority to control emissions from power plants allows it to mandate broader changes within energy systems. [read post]
24 Jan 2022, 8:38 am by Katherine Pompilio
The incumbent also directs research and analysis on a wide variety of court decisions, legislation, regulations, and policies, and provides legal support for the execution of a wide array of international and interagency projects. [read post]
24 Jan 2022, 5:01 am by Eugene Volokh
But I think the legal system should still try to avoid increasing such incentives. [2] The court also concluded that, under Georgia law, nuisance liability for the misbehavior of third parties may require a showing of "control" over those parties, and thus be limited to misbehavior by people who are or have been the business's patrons—not by the business's enemies. [3] The cited amicus brief was filed by me, together with local counsel Darren Summerville,… [read post]
24 Jan 2022, 12:23 am by Jan von Hein
Paul Achleitner et al., the conflict of laws matches the German system known in § 148 of the German Stock Corporation Act with the New York’s (and the US) concept of the related derivative suit, also known as derivative action or derivative claim. [read post]
23 Jan 2022, 9:03 pm by Richard J. Pierce, Jr.
Many countries established systems of that type. [read post]
23 Jan 2022, 6:30 am by Guest Blogger
In the logic of the 1958 Constitution the purpose of the system is perverse because it precludes judicial review. [read post]
22 Jan 2022, 12:44 pm by Eugene Volokh
The court concluded the agreement was legally unenforceable for two reasons: enforcement would result in improper judicial entanglement in religious matters and would violate the mother's First Amendment right to change her religion. [read post]