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6 Feb 2017, 9:41 am
Supreme Court’s Presumption of Judicial Review Since the days of Chief Justice John Marshall, the Supreme Court has relied on a strong presumption that judicial review is available for executive branch action.[4] Agency decisions are presumed to be reviewable, and preclusion statutes are construed narrowly. [read post]
1 Feb 2017, 5:43 am
(We don’t see Democratic Sen. [read post]
28 Jan 2017, 8:27 pm
” (See John Bellinger’s discussion of NSPM-2, here.) [read post]
28 Jan 2017, 8:07 pm
We can't let history repeat itself. [read post]
19 Jan 2017, 7:05 am
III. [read post]
12 Jan 2017, 9:01 pm
The pattern began in 1795 when the Senate rejected George Washington’s pick for chief justice, John Rutledge. [read post]
11 Jan 2017, 9:01 am
Colloton’s views evidently persuaded his colleagues, who voted en banc (over four dissenting votes) to vacate the stay the very next day (Colloton did not write separately). [read post]
10 Jan 2017, 9:22 am
The Supreme Court issued an important ruling about Article III standing. [read post]
27 Dec 2016, 9:01 pm
Since the earliest days of the Republic, lawmakers have sometimes sought to change the rules to gain partisan advantage. [read post]
26 Dec 2016, 4:30 am
And John updated us on not one but two public consultations on copyright, one from Brussels and one from the UK 's IPO. [read post]
22 Dec 2016, 3:20 pm
And more curious that it has seen the light of day in the weeks immediately before it may well become irrelevant as a new Presidential Administration may well change course. [read post]
22 Dec 2016, 11:03 am
” Then, he added, “if you don’t give Ruth Ginsburg a try, please don’t come to me in future years for clerk recommendations. [read post]
21 Nov 2016, 7:43 am
Wade Assange Is Questioned in London Over Rape Accusation in SwedenCRA investigating 85 Canadians for tax evasion tied to Panama PapersSnoop Dog and Toronto Maple Leafs Battle Over "Leafs" Trademark — The Fashion LawSigns in Toronto urge white people to join ‘alt-right’ Sotomayor on Trump’s election: ‘We can’t afford to despair’ Protecting the Free Speech of Charities in Canada Ottawa first-degree murder charges stayed after four-year… [read post]
16 Nov 2016, 9:01 pm
Actually, Article III of the Constitution, which lays out the rules for the judicial branch of government, is surprisingly short and non-specific. [read post]
8 Nov 2016, 6:37 pm
Nella's husband, John Tornaben, with whom she had no children, predeceased her. [read post]
4 Nov 2016, 9:30 pm
(An aside: why doesn’t someone pursue the legal history of that agency? [read post]
23 Oct 2016, 3:54 pm
” — John F. [read post]
7 Oct 2016, 2:40 pm
Stewart, John Edward Sexton Professor of Law and Director, Frank J. [read post]
7 Oct 2016, 7:54 am
Especially strong are Rosa’s observations as to how and why contemporary civil-military relations are marred by mistrust and misunderstandings at the senior levels of government, and how this plays out on a day-to-day basis. [read post]
6 Oct 2016, 1:18 pm
John Elwood reviews Monday’s relisted cases. [read post]
