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11 Jul 2016, 5:00 am by JB
Nor is it an attempt to (re)create a model of competitive federalism along the lines of Michael Greve's book, The Upside Down Constitution. [read post]
10 Sep 2021, 12:45 pm by Hina Shamsi
The Trump administration built on this precedent, issuing secret killing rules (now public as a result of ACLU litigation) that demonstrate how easily internal executive branch constraints and norms can be cast aside. [read post]
6 Apr 2022, 6:30 am by Guest Blogger
   Hasen doesn’t pretend that courts can solve all of democracy’s ills, but he’s right to argue that they’re a crucial defense against false claims of electoral fraud. [read post]
5 Nov 2018, 5:13 am by Eugene Volokh
Volokh, the proposed intervenor, wants to review, understand, and comment on these legal proceedings both due to his interest in First Amendment jurisprudence and to assist the public in checking the integrity of the judicial branch. [read post]
13 Dec 2013, 8:41 am
This failure also highlights the extremely important need to re-examine from first principles, several canons of constitutional and statutory interpretation that are routinely adopted by Indian courts, and to evolve theoretical frameworks which clearly explain what exactly such principles entail and what they do not. [read post]
28 May 2020, 2:25 pm by David Greene
We’re skeptical that the order will actually advance the ideals of freedom of speech or be justly implemented. [read post]
8 Feb 2024, 12:51 pm by Neil H. Buchanan
  In this past December's oral argument, he insisted that "it seems to me at least as I read [Bruun and other cases] that they're all trying to work within Macomber's framework. [read post]
11 Feb 2022, 6:30 am by Guest Blogger
The “law” would be largely unresponsive to the fields of political gravitation operating on the other branches. [read post]
26 Nov 2008, 3:10 am
" When the American assures him it is not, the officer of the Curacao branch of the French-owned Credit Lyonnais Nederland smiles and orders another tonic water. [read post]
1 Dec 2023, 8:29 am by Sasha Volokh
No Private Due Process Doctrine Finally, let's talk about application-based theories; here, I'll focus on the bias branch of due process. [read post]
4 Feb 2020, 11:11 am by Goldberg Jones
Depending on the branch of the military, the specifics vary some, but the basics remain generally the same. [read post]
6 Nov 2009, 1:20 pm
Of the two that we're aware of in 2009, both are gay. [read post]
7 Aug 2020, 5:00 am by Russell Knight
”  These sound like fancy titles but they just replaced the old civil court titles all the other branches of the courts used. [read post]
23 Sep 2011, 2:57 am by Eoin Daly
It is possible that many of the procedural rights identified in Re Haughey – such as the right to cross-examine one’s accusers – might be severely curtailed in future legislation, and that while judicial review might still apply in respect of the vires of the legislation itself, the “balance” struck between fairness and expediency by the legislation itself may well be protected from constitutional review by ss4. [read post]
24 Mar 2008, 10:10 pm
So we may be… maybe, anyway, according to this case, moving from a rigid enforcement of the Section 72 language, and maybe branching out to some more areas for consideration as to whether these assets should fall into the estate, even if they're clearly under the language of the Act. [read post]