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24 Sep 2020, 9:02 pm
Equality demands that individuals choose which paths to follow in life, uncoerced by a legal system that has made that decision for them. [read post]
24 Sep 2020, 7:01 pm
If a court can simply reconsider a case on the merits when there is an allegation that the arbitrator was wrong, the arbitration becomes simply a stepping stone in the dispute resolution process rather than its own dispute resolution system. [read post]
24 Sep 2020, 1:38 pm
Indeed, one of the counties studied for our report, Clayton County, which was not providing all the protections required by law, is now the subject of an ACLU lawsuit for its failure to protect incarcerated people from COVID-19.As the election approaches, those who care about fair process in the criminal legal system should ask candidates for sheriff’s offices and local judicial positions for their stances on cash bail and pretrial incarceration. [read post]
24 Sep 2020, 6:30 am
And there are judicial remedies. [read post]
24 Sep 2020, 5:42 am
Court of Appeals for the D.C. [read post]
24 Sep 2020, 2:45 am
It was back on this day in 1789 that Congress passed the act that officially created the federal judiciary system that included the Supreme Court and other federal courts. [read post]
23 Sep 2020, 8:18 pm
" "The public's access to judicial records 'serves to promote trustworthiness of the judicial process, to curb judicial abuses, and to provide the public with a more complete understanding of the judicial system, including a better perception of its fairness.'" "[C]ourts of appeals have … recognized a First Amendment right of access to documents filed for use in sentencing proceedings. [read post]
23 Sep 2020, 1:18 pm
Judicial review would thereby be neutered over time, as would also happen through repeated court-packing. [read post]
23 Sep 2020, 10:07 am
In this post, I discuss the key changes to the Alamance system. [read post]
23 Sep 2020, 6:30 am
When conservatives controlled the courts, liberals were in favor of judicial restraint. [read post]
23 Sep 2020, 5:26 am
For instance, a statute could define the office of Supreme Court justice as 18 years serving as part of the Supreme Court, followed by continued judicial service riding circuit and filling in on the Supreme Court in cases of recusals or temporary vacancies. [read post]
23 Sep 2020, 4:00 am
See, also, 22 NYCRR 24.12, which provision is applicable to nonjudicial employees of the State Unified Court System. [read post]
23 Sep 2020, 4:00 am
See, also, 22 NYCRR 24.12, which provision is applicable to nonjudicial employees of the State Unified Court System. [read post]
22 Sep 2020, 4:45 pm
"[B]efore a court may enjoin the future publication of allegedly defamatory statements based on their content, there must first be a judicial determination that the subject statements were in fact defamatory. [read post]
22 Sep 2020, 11:21 am
Her notable dissents — Ledbetter, Shelby County, Epic Systems, Hobby Lobby, Carhart, Wal-Mart and others — are studies in judicial craft. [read post]
22 Sep 2020, 8:11 am
Your law has not judicial experience. [read post]
22 Sep 2020, 8:05 am
On August 31, 2020, the 10th Judicial District (Wake County) adopted a “Policy for Releasing Juveniles Transferred to Superior Court”. [read post]
22 Sep 2020, 6:30 am
Balkin is an astute observer of the Court, and he did his homework with relevant political science literatures. [read post]
22 Sep 2020, 6:00 am
These dynamics reveal a core truth about our constitutional system. [read post]
21 Sep 2020, 9:05 pm
Sugarman notes that housing policy reformers saw a similar combination of “limited judicial reach and reduced judicial reception” to their claims, which doomed adversarial legalism in the housing industry. [read post]
