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20 Nov 2016, 6:00 am by Guest Blogger
  Perhaps also, we should reconsider the decentralization v centralization binary as a central concern for how local government actually operates. [read post]
2 Mar 2015, 11:39 am by Lyle Denniston
  If that change shuts out the legislature, more  or less entirely, that could be a constitutional problem, or so it appeared during the argument in Arizona State Legislature v. [read post]
19 Mar 2021, 5:00 am by D Daniel Sokol
Casino, Guichard-Perrachon and AMC v Commission, Intermarché Casino Achats v Commission, Les Mousquetaires and ITM Entreprises v Commission: The Commission’s Powers of Inspection are Examined in the Light of the Charter Carla Farinhas Judgments of 5 October 2020, Casino, Guichard-Perrachon... [read post]
10 May 2011, 4:23 am
The court’s fact-review power of an administrative agency's determination is limited to whether substantial evidence supports the determination Matter of Jenkins v Israel, 2011 NY Slip Op 03604, Appellate Division, Second Department The Westchester Medical Center filed disciplinary charges against Lisa Jenkins alleging insubordination and misconduct pursuant to §75 of the Civil Service Law. [read post]
28 Jun 2024, 6:30 am by Guest Blogger
Nearly two decades ago, Graber contended that Chief Justice Roger Taney’s infamous pro-slavery majority opinion for the Court in Dred Scott v. [read post]
21 May 2019, 3:56 am by Lyle Denniston
In turning aside the claim that the House committee was exceeding its powers by focusing its probe in part on Trump’s activities as a private citizen, the judge sought to diminish the significance of an 1880 Supreme Court decision, in the case of Kilbourn v. [read post]
20 Oct 2009, 2:02 am
Regina v Rollins; Regina v McInerney Court of Appeal (Criminal Division) “The power of the Financial Services Authority to prosecute offences went beyond those referred to in sections 401 and 402 of the Financial Services and Markets Act 2000 and, in particular, it had the power to prosecute offences contrary to sections 327 and 328 of [...] [read post]
14 Oct 2009, 1:58 am
Regina v Rollins; Regina v McInerney “The Financial Services Authority had the power to prosecute offences beyond those referred to in ss 401 and 402 of the Financial Services and Markets Act 2000 and, in particular, it had the power to prosecute for offences contrary to ss 327 and 328 of the Proceeds of Crime [...] [read post]
7 Jun 2013, 2:24 pm by Lyle Denniston
The new argument on how far the Court should go came late Thursday as administration lawyers filed their reply brief in National Labor Relations Board v. [read post]
1 Jul 2022, 1:42 pm by Steven D. Schwinn
Schwinn, University of Illinois Chicago School of Law The Supreme Court ruled this week in West Virginia v. [read post]
18 Jan 2021, 4:53 pm by Steve Bainbridge
Inherent agency power is a stupid doctrine, which the drafters of the Restatement (Second) of Agency invented mainly because they had one case--Watteau v. [read post]