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20 Nov 2017, 7:49 am by Ronald Mann
At the same time, because the case directly challenges the statute as an intolerable congressional intrusion on authority that the Constitution allocates to the judicial branch, it raises questions that go directly to one of the most challenging problems of constitutional adjudication. [read post]
21 Mar 2012, 4:53 pm
Laws enforced by the EPA and other departments of the Executive Branch that carry the penalty of a loss of freedom must be absolutely clearly in apprising all of what conduct is prescribed and what is not. [read post]
12 Oct 2011, 5:09 am by Benjamin Wittes
Awlaki was made entirely within the executive branch. [read post]
19 Jun 2018, 11:00 am by Gene Quinn
Further, the granting of patents occurs through the executive branch under statute laid out by the legislative branch without requiring judicial interpretation, and thus the determination to issue a patent grant “need not be adjudicated by an Article III court. [read post]
10 Aug 2020, 11:45 am by Monica Williamson
Judicial Branch of the Navajo Nation Staff Attorney, Chinle Judicial District, Chinle AZ. [read post]
21 May 2007, 7:20 am
    Unfortunately for the tenants, extra-judicial transactions have no benefit of law, so when the power is asymmetric, the weaker party usually suffers. [read post]
22 Jun 2011, 4:33 am by Dianne Saxe
Branch brought an application for judicial review of the court order. [read post]
15 Jul 2011, 6:07 pm by Edward A. Fallone
Yesterday, I participated in a panel discussion hosted by the Madison Chapter of the Federalist Society, entitled “Separation of Powers: Wisconsin Supreme Court’s Decision Upholding the Collective Bargaining Law. [read post]
16 Mar 2025, 4:55 am by Steve Vladeck
But the exercise of judicial review was still robust. [read post]
23 Feb 2020, 8:13 pm by Omar Ha-Redeye
Independence is the cornerstone, a necessary prerequisite, for judicial impartiality. [read post]
25 Jan 2016, 8:00 am by Mark Graber
  The Republicans who framed the Second Freedmen’s Bureau Bill understood that judicial action could not eradicate slavery. [read post]
20 May 2019, 7:45 am by Florian Mueller
Presuambly they also represent defendants, but interestingly, I've always heard of them only when they were counsel for plaintiffs.There are various respects in which Director Iancu is trying hard to turn the legislative and judicial tide--which is an agenda that the executive branch of government shouldn't have, but sometimes that's unfortunately the way it is.Earlier this month I mentioned a recent open letter to Director Iancu and his boss with which numerous… [read post]
3 Oct 2017, 11:03 am by danny
The Ombudsperson is not a judge and  . . . critically, her decisions are not subject to judicial review. [read post]
14 Aug 2021, 3:06 pm by Mark Graber
  A generation of scholars has demonstrated the political foundations of judicial review, that members of the executive and legislative branches play crucial roles in establishing judicial power because they believe a strong judiciary will promote regime goals far more partisan than the neutral rule of law. [read post]
14 Sep 2014, 8:34 pm by Cindy Cohn
The surveillance at first had no judicial authorization whatsoever. [read post]
31 Jan 2024, 4:30 am by Eric Segall
The justices need to return the issue of gun control to the states, to the elected branches of the federal government, and to We the People. [read post]
10 Sep 2024, 8:52 am by Daniel M. Kowalski
The judicial branch is expected to remain apolitical, but could the language judges use when referring to undocumented immigrants reflect ideological bias? [read post]
29 Aug 2018, 2:30 pm
Circuit opinions that turned judicial review of Guantánamo detention into a virtual rubber stamp of the executive branch’s claims. [read post]