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7 Dec 2008, 4:21 pm
It is a general conversation about the work that the judicial branch is involved in. [read post]
4 Dec 2009, 9:04 pm
The Fifth Circuit noted that judicial review of arbitral awards is “exceedingly deferential, and vacatur is available only for the limited reasons outlined in Section 10(a) of the FAA. [read post]
13 Jan 2010, 1:11 pm
The closures became necessary, according to Quinn, after the executive branch cut $12.9 million from the budget for the judicial branch. [read post]
24 May 2025, 11:45 pm by Josh Blackman
One of my proposals for bilateral judicial reform is to rotate the circuit justices annually. [read post]
1 May 2009, 11:57 am
  Speculation focused on both sitting federal judges and legal academics and government lawyers without judicial experience, including Solicitor General Elena Kagan and former Stanford Dean Katherine Sullivan. [read post]
22 Jul 2022, 7:37 am by Jonathan H. Adler
The real question is whether the executive branch sees this question as important enough to seek certiorari. [read post]
16 Apr 2009, 2:23 am
It was a violation of the separation of powers doctrine for the court to engage in judicial legislation and create a doctrine effectively waiving the state's immunity. [read post]
27 Oct 2017, 1:12 pm by Linda Holmes
Code, including requiring legislative, executive, and judicial branch agencies to deposit authenticated electronic publications with the GPO; remove the requirement that a depository library hold at least 10,000 books because it is no longer a metric for success or sustainability; permit regional depositories to share their collections and services across state lines, so long as the Senators in all the involved states agree; and authorize the GPO to digitize previously printed… [read post]
19 Dec 2024, 5:06 am by Will Baude and Richard Re
Yet even with those limitations there is significant room for judicial interest in the views of the future executive branch. [read post]
19 Mar 2012, 3:27 pm by Lawrence Solum
While they were unable to obtain a judicial review of the executive branch’s behavior, this part documents how they leveraged the litigation to provoke and influence a public debate over certain aspects of the war on terror. [read post]
15 May 2023, 3:55 am by Lawrence Solum
In our view, the phrase “Office . . . under the United States” refers to appointed positions in the Executive and Judicial Branches, as well as non-apex appointed positions in the Legislative Branch. [read post]
20 Mar 2025, 8:13 am by Leonard L. Gordon and Megan Barbero
Former National Labor Relations Board (NLRB) member Gwynne Wilcox also sought judicial intervention and obtained a district court order reinstating her. [read post]
10 Jul 2024, 1:29 pm by Mavrick Law Firm
” This holding shifts power away from the executive branch of government and the agencies associated therewith in favor of the judicial branch of government. [read post]
8 Mar 2011, 5:42 am by Lawrence Solum
We argue that judicial review should play a key role patrolling the boundaries of this inter-branch struggle and ensuring agencies stay within legal bounds, without erecting unnecessary barriers to coordination. [read post]
12 Nov 2014, 5:21 pm by hlpronline
Accordingly, journalists and pundits are busy predicting what divided government means for issues on the President’s legislative agenda ranging like immigration, climate change, tax reform, and presidential appointments in both the executive and judicial branches. [read post]
24 Oct 2011, 5:10 pm by Jonathan Zasloff
  Deferring to the elected branches can represent a mistake of legal judgment, or moral judgment. [read post]
12 Jan 2009, 7:46 pm
  And yet, a new President and new leadership  throughout the executive branch (and especially at the Justice Department) will certainly have a profound echo effect inside the nation's one judicial branch agency. [read post]
13 Aug 2010, 1:40 pm by Bexis
"[T]he issue of constitutional magnitude implicated by the presumption against preemption is not the vertical structure of federal-state relations. . .for the Framers of our Constitution provided that the federal law must prevail," but "[r]ather, the presumption against preemption aggrandizes the judicial branch over the political branches—a classic horizontal clash of authority. [read post]
10 Nov 2016, 9:41 am by Thaddeus Hoffmeister
This broader historical narrative thus can help inform current academic and judicial debates about whether and under what circumstances political branch practice, especially high-profile precedents, ought to inform, or “liquidate,” the meaning or proper application of the Constitution. [read post]
29 Dec 2021, 11:46 am by Stuart M. Gerson and Traycee Ellen Klein
In the instant cases, the essential issue is whether the Executive Branch acted within the authority delegated to it by Congress. [read post]