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20 Sep 2007, 5:42 pm
Further, they would conflict with the Congress's determination (by rejecting the Kyoto Protocol) not to unilaterally take responsibility for global warming.Finally, Judge Jenkins noted that there was no existing or judicially discoverable standard to govern the action. [read post]
18 May 2011, 9:59 pm
In contrast, defenders of the work of the court of appeals have stressed both the extent to which Boumediene necessarily left these issues open to judicial resolution, and the near-unanimity of the D.C. [read post]
3 Dec 2012, 4:56 am
In 2005 the Procurator Fiscal instructed the Complaints Branch to carry out an investigation into the complaint. [read post]
5 Mar 2012, 1:45 pm
“The Constitution guarantees due process, not judicial process. [read post]
22 Mar 2010, 1:33 pm
” And, it added, the government’s success so far in securing places for resettlement “shows that it never was the case that a judicial order requiring that [the Uighurs] be brought to the United States and released here was the only possible way for [them] to leave U.S. custody at Guantanamo Bay….Transfer issues are matters for the political branches….There is no need for further proceedings in the District Court. [read post]
19 Jul 2009, 3:01 am
Mukasey, ordered the Board to reconsider Matter of R.A. in light the nine intervening years of relevant case law.The protracted journey of this case underscores the confusion within the executive and judicial branches regarding the interpretation of U.S. asylum law applicable to domestic violence survivors. [read post]
10 Sep 2014, 9:30 pm
Chevron deference operates on the theory that the rule of law will be enhanced if the judicial branch defers to the technical expertise of the career staff in the agencies. [read post]
20 Sep 2011, 7:07 pm
Here, the Executive branch is the answer to the who question. [read post]
18 Jan 2010, 4:30 am
Quoting from the article: In 2001, Florida lawmakers considered legislation to alter the state constitution to split regulation of lawyers between the legislative and judicial branches of government, eliminating the bar association’s authority as a unified bar. [read post]
13 Feb 2025, 11:34 am
The Supreme Court has also explained that Humphrey's Executor appears to have misapprehended the powers of the "New Deal-era FTC" and misclassified those powers as primarily legislative and judicial. [read post]
10 Apr 2012, 2:04 pm
By expanding the use of de novo review, the Federal Circuit substitutes its own judgment for that of the Patent Office, taking for itself power that Congress properly delegated to the executive branch. [read post]
5 Mar 2010, 6:54 pm
A good legal argument resembles a judicial decision that a judge could almost copy in potential litigation. [read post]
31 Mar 2014, 9:11 am
We therefore offer specific suggestions to make them more accountable—including targeted prospective regulation, judicial review, stakeholder participation, and ethical reform. [read post]
4 Jun 2008, 3:08 pm
Oops, I forgot, this is Virginia, where gay folks exist but are barely tolerated by the judicial establishment, regardless of the tiny inroads they may have made with the political branches of government. [read post]
5 Aug 2015, 9:36 am
” Branche v. [read post]
7 Dec 2010, 8:13 am
It is an impressive work in judicial opinion-crafting by Judge Bates, regardless of what one thinks of the outcome. [read post]
3 Jun 2010, 3:20 pm
The practical effect has been to diminish sharply the judicial oversight of the Executive Branch’s handling of detention policy. [read post]
30 Mar 2008, 3:50 pm
Deference to the elected branches had become a conservative position rather than a liberal one. [read post]
29 Apr 2025, 1:08 pm
By contrast, public rights involve matters that historically have been determined by the executive or legislative branches, such as revenue collection, foreign commerce, immigration, tariffs, public lands, and patents. [read post]
8 Jun 2017, 3:04 pm
At last week’s Commission meeting, Chief Justice Martin presented Judge Spainhour with the Friend of the Court award—the highest award given by the judicial branch. [read post]
