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14 May 2012, 7:46 am
The Potential of Balancing in International Economic Law Christina Binder, The Prohibition of Amnesties by the Inter-American Court of Human Rights Markus Fyrnys, Expanding Competences by Judicial Lawmaking: The Pilot Judgment Procedure of the European Court of Human Rights Milan Kuhli & Klaus Günther, Judicial Lawmaking, Discourse Theory, and the ICTY on Belligerent Reprisals Karin Oellers-Frahm, Expanding the Competence to Issue Provisional… [read post]
17 Sep 2013, 5:16 am by Amy Howe
In anticipation of Constitution Day today, Justice Antonin Scalia spoke yesterday at George Washington University, where he criticized “judicial activism” – both at home and in courts overseas – and advocated an originalist approach to constitutional interpretation. [read post]
4 Sep 2007, 6:00 am
First of all, the Court reaffirmed the importance of class actions in our judicial system in general, and in wage and hour cases in particular. [read post]
18 Jun 2012, 8:08 am
Bank of New York Mellon, originated from the robo-signing scandal that emerged in 2010 when it was revealed that the banks and their law firms had hired and paid individuals to sign documents that they knew nothing about in an effort to push foreclosures through the judicial system. [read post]
2 Jun 2020, 9:01 pm by Jeffrey Morris and Rodger Citron
Circuit; his attorneys argued that the appeals court should have the opportunity to ensure “the integrity of the judicial process. [read post]
13 Aug 2020, 4:00 am by Administrator
Reference cases combine the abstract judicial review typically found in civil law jurisdictions with the executive-centred Westminster parliamentary system. [read post]
3 Dec 2011, 10:11 am by LawDiva
And I understand the Provincial Court family law system may be worse. [read post]
27 Sep 2018, 9:30 pm by Mitra Sharafi
This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. [read post]
3 Feb 2014, 1:49 pm by Ravi S. Nagi
This basic rule embedded in our court system means that a final judgment on the merits of the case by a court with jurisdiction is deemed to be conclusive between the parties as to all matters that were litigated or that could’ve been litigated in that lawsuit. [read post]
16 Nov 2020, 9:04 am by DONALD SCARINCI
Smith should be revisited; and (3) whether the government violates the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on taking actions and making statements that directly contradict the agency’s religious beliefs. [read post]
3 Aug 2011, 6:42 am by Ted Frank
The study compared motion activity in 23 federal district courts in 2006 and 2010 and included an assessment of the outcome of motions in orders that do not appear in the computerized legal reference systems such as Westlaw. [read post]
11 Jan 2023, 6:00 am by Unknown
Re’s argument resembles, though it is not identical to, earlier arguments for judicial gradualism made by Cass Sunstein and Alexander Bickel. [read post]
31 Jan 2022, 7:01 am by Jack Goldsmith, Oona Hathaway
The main reason is the widely held belief that the Supreme Court blessed the modern massive prior restraint system in the 1980 case Snepp v. [read post]
27 Feb 2023, 5:16 am by Paul Rosenzweig
This may not satisfy some European critics for whom only truly independent judicial review could be viewed as adequate. [read post]
18 Mar 2022, 6:59 pm
For example if the courts are divested of the power of acquittal (apart from exceptional cases), how are weak cases filtered out of the system? [read post]