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9 Aug 2011, 6:54 am
Such an approach to judicial review would “cue” the political branches to take seriously those federalism questions that are worth taking seriously, but it would not license federal courts to engage in Lochner–style invalidations of many federal laws and overrulings of precedent.Fourth, the theory of collective action federalism is neither originalist nor wholly consequentialist. [read post]
17 Sep 2010, 4:06 am
” As several justices pointed out, that confuses the role of the legislative and judicial branches. [read post]
21 Mar 2025, 9:05 pm
In a recent article in the Saint Louis University Journal of Health Law & Policy, Robert Gatter, a professor at Saint Louis University School of Law, argues that the Model Public-Health Emergency Authority Act (MPHEAA) would offer a constitutional framework for executive branch actions during public health emergencies. [read post]
6 Sep 2022, 5:01 am
But it also does not depend chiefly upon constitutional caselaw, judicial outputs, legal rules, stare decisis, reasoned judicial elaboration, and so on. [read post]
27 Jun 2019, 8:36 am
But more than that, it reflects longstanding judicial agreement with the basic principle. [read post]
24 Oct 2012, 12:31 am
The thesis of this paper is that while the division between law and politics appears to be crumbling, especially with the advent of seemingly inexorable controversial five-to-four decisions publicized on the Internet, blogs and the 24/7 news cycle, the legitimacy of the judicial branch should survive and flourish. [read post]
4 Oct 2019, 12:25 pm
Judicial Branch of the Navajo Nation Staff Attorney, Chinle Judicial District, Chinle AZ. [read post]
19 Sep 2011, 2:21 pm
For example, he began his opinion this way: “Foremost among the aspects of the federal judicial system that foster public confidence in the fairness and integrity of the process are public access to the record of judicial proceedings.” He also wrote: “While the political branches of the government can claim legitimacy by election, judges can only do so by way of their reasoning; thus, any step that withdraws an element of the judicial… [read post]
16 Jan 2009, 11:33 am
The silence, vagueness or ambiguity of the constitutional text on most matters of operational consequence, and the paucity of judicial pronouncements, means that the issues of presidential directive power are by default addressed largely in Congress and within the executive branch. [read post]
24 Jan 2019, 8:34 am
A Congressional Research Service report in December 2018 summed up the outlook for the judiciary in this way: “Consequently, in the judicial branch, judges would not be subject to furlough, nor would core court staff and probation and pretrial services officers whose service is considered essential to the continued resolution of cases. [read post]
30 Jul 2023, 9:04 pm
It must also consider formal judicial ones. [read post]
25 Jan 2012, 8:00 am
On its face, the distinction between “hereby confirmed” and “shall be ratified” has no apparent connection to the distribution of power between the legislative and judicial branches. [read post]
30 Jul 2021, 3:00 am
The Appellant, the Kent branch of the Campaign to Protect Rural England (CPRE), filed a claim for statutory review under section 113 of the 2004 Act challenging the adoption of the Policy. [read post]
4 Jul 2014, 4:16 am
Familiarity breeds contempt, and there is already too much contempt for the least dangerous branch. [read post]
7 May 2008, 3:44 am
The executive, legislative, and judicial branches are often wary of one another's excesses, and they should be. [read post]
11 Mar 2025, 6:58 am
” “The Committee has advised that keeping the judicial branch removed from politics and political preferences is critical. [read post]
22 Apr 2019, 3:46 am
Therefore, as the amended petition is a nullity, that branch of the motion to dismiss the petition to the extent that it seeks judicial dissolution of Mall, is granted. [read post]
18 Jul 2023, 9:05 pm
Notably, he said that the holding might not apply where a litigant challenges both the executive branch’s arrest or prosecution policies and its provision of legal benefits. [read post]
6 Dec 2010, 11:56 am
Judicial conservatism was once principally defined as a philosophy of deference to the democratically elected branches of government. [read post]
9 Jun 2025, 5:50 am
The unfortunate fact of modern democracies is that the legislative branch is weak and the process of formally enacting laws has not kept up with the demand for increased governmental action. [read post]
