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4 Jul 2022, 9:05 pm
This term, the Court has limited not only agencies and the Executive branch, but also Congress – thereby allocating the real authority to decide to itself. [read post]
31 Jan 2013, 9:01 pm
In my column today, I explore what might be learned from the decision by the House of Representatives last week and the seemingly imminent (as of this writing) decision of the Senate this week to pass a bill that seems on its face to directly violate the clear text of the Constitution. [read post]
21 Feb 2023, 2:38 pm
When Biden duly tendered Garcia, the executive branch press release distinctly recounted the nominee’s striking professional qualifications. [read post]
8 Jul 2010, 5:34 am
What we’ve seen this year is the birth of John Roberts’ Court. [read post]
10 Feb 2015, 12:04 pm
Community banks are ailing. [read post]
25 Nov 2020, 1:05 pm
Hamilton content? [read post]
4 Sep 2014, 12:58 pm
As ambassadors from NATO member countries gather in Europe to discuss crises in Ukraine, Iraq, Syria, and elsewhere, more details about a possible ceasefire in Eastern Europe are emerging. [read post]
20 Mar 2023, 7:39 am
In the process, Maliki used executive orders, followed later by a 2016 law, to authorize the militias to bear arms and received government support and funding as a new branch of the Iraqi military known as the Popular Mobilization Forces (PMF or al-Hashd al-Sha’abi). [read post]
11 May 2017, 5:56 am
Rec. 41 (Dec. 5, 1895). and Alabama Representative John Bankhead introduced H.R. 1243 five days later.428 Cong. [read post]
13 Aug 2014, 3:58 pm
That the judiciary is not structurally insulated from the other political branches of government is unremarkable, at least in the context of other international judicial systems. [read post]
21 Jan 2007, 5:42 pm
It would be shocking if the Court had deviated from this baseline commitment in one important branch of business cases, those involving patents. [read post]
2 Mar 2011, 1:00 pm
TESTIMONY OF DR. [read post]
26 Jun 2015, 5:16 pm
Hodges: A Small Case with Big Implications James Obergefell and John Arthur, a gay couple who had been together for over two decades, made only a modest request of their home state of Ohio. [read post]
19 May 2022, 9:42 am
Plaintiff sued under the pseudonym "John Doe" to avoid risking further harm to his employment prospects. [read post]
25 Jan 2022, 2:46 pm
More recently, Wagner CJ explained, Under both branches of paramountcy, the burden of proof rests on the party alleging the conflict. [read post]
11 Feb 2018, 8:15 pm
For forms of privilege that is not historically protected on the basis of class or category, the courts have employed the test originally set out in the 1961 tet by John Henry Wigmore, as described by the Court in R. v. [read post]
7 May 2023, 6:00 am
The ratification debates and Federalist Papers can be supplemented by evidence of ordinary usage and by the constructions placed on the Constitution by the political branches and the states in the early years after its adoption. [read post]
18 Sep 2013, 12:25 pm
He said he didn’t know what to make of it in light of Zivotovsky—this made clear to him that only the executive branch (and not detainees) can determine who represents foreign governments, and what those governments are really saying. [read post]
2 Oct 2015, 6:51 am
” Among the witnesses who offered their take on both the NLRB’s new joint employer standard and the Protecting Local Business Opportunity Act were a former Board Member and a former NLRB senior attorney who served in the agency’s Appellate and Supreme Court Branch. [read post]
16 Jan 2024, 12:30 pm
Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. [read post]
