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29 May 2009, 1:22 pm
Personally, I believe that the Framers placed the appointments process in the political branches because they knew that ideology is relevant to judging. [read post]
25 Apr 2025, 10:37 am
Part of that judicial function is marking a clear delineation between executive law enforcement and the role of the judge — and making sure judges aren’t just fancy executive branch deputies requires judges being able to control their courthouses. [read post]
21 Jun 2024, 4:04 pm
Analogizing a constitutional amendment to a judicial decision, regrettably, breeds the cult of judicial supremacy. [read post]
2 Nov 2010, 7:37 am
I do think it is interesting how most of the strict intent of the Founding Fathers (must be capital Fs, of course) in Maryland tends to support the idea of judicial elections. [read post]
10 Nov 2024, 7:43 pm
First, there is no longer a judicial filibuster for executive branch appointments. [read post]
12 Jun 2024, 12:25 pm
Rather than upholding separation of powers principles or agency adherence to the text of its authorizing statute, the Supreme Court’s benzene decision is best characterized as a judicial power grab at the expense of both agency expertise and the democratically elected branches of government. [read post]
6 Oct 2011, 5:00 pm
They tossed out fluffy platitudes about judicial restraint and constitutional boundaries. [read post]
13 Mar 2009, 1:18 pm
The Military Commissions Act (MCA) declared such sources of law ineffective as a ground for judicial relief when relied upon by detainees, and that aspect of the MCA probably survived the invalidation of the habeas-stripping provision in Boumediene v. [read post]
18 Feb 2022, 9:03 pm
Supreme Court’s desire to defer political questions to other political branches to decide. [read post]
16 Oct 2018, 7:40 am
§1001, which provides: [W]hoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully…makes any materially false, fictitious, or fraudulent statement or representation…shall be…imprisoned not more than 5 years. [read post]
3 Jun 2009, 4:20 am
An economic analysis regarding the efficiency of thousands of county court cases involving single claims averaging $100 and transactional costs (legal fees alone, and putting aside the costs incurred by the State's judicial branch) of ten to a hundred times that, does not require extended number-crunching.Don't be so sure -- what if Judge Shepherd was on the panel? [read post]
13 Sep 2011, 1:36 pm
We also supervise the federal branches and agencies of foreign banks. [read post]
22 Aug 2013, 2:59 am
The judicial branch and the USPTO both have authority to issue invalidity determinations. [read post]
12 Oct 2010, 9:00 pm
” Beyond that, despite all the pushing I do for justice insider the judicial system, we need people pushing for justice from outside the judicial system, as well, and I do some of the pushing from the outside through this Underdog blog. [read post]
8 May 2017, 5:27 pm
The president’s lawyer pleaded energetically for judicial deference, the challengers’ lawyer pleaded just as fervently for judicial skepticism. [read post]
28 Feb 2023, 5:50 am
Republic of Korea (1948-Present) The Korean government in 1948 adopted a constitution that established a system of checks and balances among the executive, legislative, and judicial branches of government that is based, in part, on the United States Constitution. [read post]
22 Apr 2023, 6:23 am
Throughout her career, Professor Silberman also taught Conflict of Laws and in the past twenty-five years branched out to teach Comparative Procedure, Transnational Litigation, and International Arbitration. [read post]
15 Jun 2024, 6:00 am
Rather than upholding separation of powers principles or agency adherence to the text of its authorizing statute, the Supreme Court’s benzene decision is best characterized as a judicial power grab at the expense of both agency expertise and the democratically elected branches of government. [read post]
4 May 2009, 3:34 am
To be sure, if we’re going to have a two-agency system (which I’m not sure we should–more on this in my upcoming book on the institutional structure of antitrust), including one agency that is supposed to be independent from the executive, legislative, and judicial branches, then we should expect constructive disagreement between the agencies. [read post]
15 May 2024, 6:15 am
He argues that the law authorizing the territory’s high court to issue declaratory judgments violates the separation of powers because it exceeds the limited judicial authority that Congress granted to the Guam Supreme Court. [read post]
