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9 Apr 2024, 8:55 am
Another is to protect first-impression interpretation of statute from judicial reinterpretation. [read post]
5 Oct 2024, 11:45 am
In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. [read post]
2 Apr 2012, 4:26 am
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]
29 Dec 2021, 10:14 am
In the instant cases, the essential issue is whether the Executive Branch acted within the authority delegated to it by Congress. [read post]
9 Sep 2021, 4:00 am
We might rightfully assume our students know the president is the head of the executive branch, but it does not follow that they understand the judicial branch. [read post]
3 Feb 2007, 2:01 pm
In this entry from Jan. 9, 2005, I wrote:Yesterday I tried to put together a summary of the election dispute in Kentucky over "District 37" that is pitting the legislative branch against the judicial branch. [read post]
17 Dec 2021, 5:59 am
He explained: “Today, on its own motion, a majority of this Court has embarked on a course that will undoubtedly culminate in the erosion of the judicial branch’s needed and well-established policy of promoting and advancing diversity and inclusiveness throughout the branch. [read post]
14 Jun 2009, 5:52 pm
The authors discuss several advantages to their proposal, including increases in decision-making capacity that could improve the consistency and clarity of the law, improvements in uniformity by by giving the court capacity to resolve more circuit splits, a greater number of “live” certified questions from the Court of Appeals, and an accompanying rise in the ability of the judicial branch to police the other branches of government. [read post]
9 Aug 2009, 2:03 pm
The policy behind this constitutional provision is to eliminate any control by the government's executive branch over the judicial branch. [read post]
8 Jun 2021, 1:33 pm
It’s obvious when they repeatedly use stories that already passed judicial muster. [read post]
25 Jul 2012, 8:07 am
The state’s bar association, however, called it a win for judicial independence, saying judges “will remain free from political retaliation when judges make an unpopular but just decision. [read post]
25 Jul 2012, 8:07 am
The state’s bar association, however, called it a win for judicial independence, saying judges “will remain free from political retaliation when judges make an unpopular but just decision. [read post]
18 Nov 2021, 7:52 am
United Network for Organ Sharing, decided yesterday by the Eleventh Circuit (Judge Britt Grant, joined by Judges Elizabeth Branch and Julie Carnes): Judicial records are open to the public, and for good reason—access to judicial proceedings is crucial to our tradition and history, as well as to continued public confidence in our system of justice. [read post]
27 Jul 2022, 1:18 am
While providing an overall positive evaluation of this law, the article seeks to examine the role of the judicial and legislative branches in promoting best practices in its application. [read post]
23 Nov 2018, 2:01 pm
Fortunately, Whitaker did not get the job, sparing that court of having to endure his bedrock judicial philosophy; namely, that judges should be Christians who rely on the Bible over the Constitution to make decisions; that the judicial branch should be inferior to the other two branches of government; and that the landmark 1803 decision Marbury v. [read post]
14 Feb 2011, 11:28 pm
It's all of government: federal, state, local; executive branch, legislative branch, judicial branch.Oh, wait. [read post]
24 Oct 2020, 11:34 am
Mohammed bin Salman, it revolves around the renewed efforts to try to develop US courts as the courts of first instance to develop something like an international common law of human rights built around the principles of international law and overseen and interpreted by the judicial branch of the American federal government. [read post]
3 Mar 2022, 6:30 am
This account has important continuities with the relatively thin definition of democracy adopted by Ginsburg and Huq,[9]and earlier by David Landau and myself.[10]Landau and I call this the idea of the “democratic minimum core”.[11] Our own definition emphasizes the important of free and fair elections, political rights and freedoms and institutional checks and balances – and hence both entrenchment, judicial independence and a broader range of “fourth… [read post]
3 Feb 2023, 8:47 am
The Chief Judge conducts hearings and trials and performs other judicial duties. [read post]
26 Apr 2020, 9:10 pm
Federal Communications Commission, Chief Justice John Roberts described agencies outside the “traditional executive departments” as the “headless fourth branch of government. [read post]
