Search for: "AMERICAN PRINCIPLES IN ACTIONÂ "
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8 Oct 2024, 10:53 am
In my view, the plaintiffs' bright-line rule of no fee-shifting for PIs fits the function of the PI and the role of the Court in dealing with Congress's exceptions to the background principle of the American Rule.The post Thoughts on the Lackey v. [read post]
6 Aug 2020, 7:36 am
A year ago, in American Legion v. [read post]
6 Feb 2012, 8:51 am
In friend-of-the court briefs, twenty states, the American Legion, and a variety of other veterans’ organizations have urged the Court to uphold the Act. [read post]
25 Aug 2022, 9:03 pm
In a Center for American Progress report, Jared C. [read post]
4 Nov 2023, 3:40 am
The Court criticized the shift in the burden of proof and sua sponte intervention by the Commonwealth Court and emphasized the importance of adherence to the RTKL’s principles. [read post]
19 Dec 2022, 4:00 am
Speaking of originalism, as I recently wrote on this blog, Bruen may well be the most anti-originalist opinion in American history:Justice Thomas said that the only legitimate methods of constitutional interpretation for judges to use are text and history and that courts should not balance public policy concerns against the weight of asserted rights. [read post]
16 Feb 2016, 2:41 pm
The first is a firm adherence to his bedrock jurisprudential principles regardless of his policy preferences. [read post]
3 Jan 2024, 5:00 am
To my provincially American readers, that idea might sound oxymoronic, but comparativists will know that constitutional courts around the world have increasingly invoked the doctrine of unconstitutional constitutional amendments to invalidate amendments that satisfied the requisite procedural requirements but fundamentally altered the system of government in ways that are inconsistent with foundational principles of democracy and/or human rights.How can a constitutional provision… [read post]
20 Oct 2022, 9:12 am
The very latest that one could say that Republicans did not have a principled exit strategy with Trump was the day before he fired James Comey as FBI Director. [read post]
15 Jan 2014, 10:12 am
Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It by Richard H. [read post]
23 Jun 2022, 6:01 am
” But having listed these two options, the proposal summarily rejects them both, saying that voluntary actions have been insufficient for combating CSAM. [read post]
30 Mar 2015, 2:46 am
Floyd LJ described the Specsavers principle as allowing consideration of the use that had been made of the mark itself in a colour or colour combination. [read post]
8 Jan 2014, 8:40 am
Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It by Richard H. [read post]
28 Jan 2022, 11:36 am
Additional bills are in the works across several jurisdictions authorizing parents to sue schools if teachers or outside speakers mention the principles of critical race theory. [read post]
17 Aug 2020, 11:19 am
Circuit considered a challenge to the constitutionality of a House rule that permitted delegates from American Samoa, the District of Columbia, Guam, Puerto Rico and the Virgin Islands to vote in the Committee of the Whole. [read post]
14 Feb 2023, 10:36 am
An American analysis may be considered here. [read post]
24 Jan 2017, 12:30 am
The fresh ruling in December 2016 issued by the Supreme People’s Court of China (SPC) on the “Michael Jordan” 4+ years legal battle has attracted great attention (see a Guest Kat report here). [read post]
11 Nov 2016, 8:20 am
I hope this choice of the American public will contribute to beneficial steps toward basic rights and freedoms, democracy and developments in our region. [read post]
24 Apr 2016, 9:39 am
It simply means that as a general proposition, we lack a principled normative commitment to sex-blind jurisprudence akin to that associated with race. [read post]
28 Aug 2015, 9:35 am
(The Inherent-Powers Corollary also has an “Interlinking Principle”, under which all that’s necessary is that the delegated power be interlinked with (not necessarily actually within) the delegate’s inherent powers.) [read post]