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8 Feb 2024, 3:47 pm
The Supreme Judicial Court [SJC], in large part, rejected the deplorable position taken by the IHEs in Nguyen. [read post]
8 Feb 2024, 7:09 am
The decision emphasized that the violation of the rule of law and equality before the law is a matter of judicial scrutiny, reinforcing the importance of legal principles.. [read post]
8 Feb 2024, 5:50 am
It is also, in my view, a dangerously anti-democratic theory that would introduce an instability in our system, which has been the most stable and successful constitutional system in the world. [read post]
7 Feb 2024, 9:05 pm
The risk of failing to anticipate the consequences of a judicial decision increases when a court is under pressure to decide a case quickly. [read post]
7 Feb 2024, 2:35 pm
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 2:02 pm
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 10:05 am
Courts and economists consider geographic and product or service markets. [read post]
7 Feb 2024, 8:20 am
” It is precisely black-letter Dayton that stipulates the makeup of the Constitutional Court (with three foreign judges among the nine), the checks inherent in the institution and powers of the international High Representative (Annex 10), and the guarantee for the country’s security and territorial integrity (Annex 1A and Annex 2). [read post]
7 Feb 2024, 4:30 am
That does not justify full-on rule by judiciary, but it does imply that the prudential considerations Bickel thought so essential to the Court's agenda-setting function counsel against leaving to the political system the task of resisting a man and a movement who would deal the coup de grâce to American democracy. [read post]
7 Feb 2024, 4:30 am
Arguments suggesting that people act in a certain way based on their membership in a protected class have no place in the judicial system. [read post]
6 Feb 2024, 7:59 pm
As before, our analysis is based on the assumption that Trump will lose before the courts, given the weaknesses of his argument for immunity, and the question is how long it will take the judicial system to reach that final conclusion. [read post]
6 Feb 2024, 2:54 pm
So, I ask the court to please consider that. [read post]
6 Feb 2024, 11:19 am
As before, our analysis is based on the assumption that Trump will lose before the courts, given the weaknesses of his argument for immunity, and the question is how long it will take the judicial system to reach that final conclusion. [read post]
6 Feb 2024, 8:59 am
Supreme Court & Cheers! [read post]
6 Feb 2024, 7:12 am
In this long-running case, however, Plaintiffs—a group of young people and a putative representative of future generations—seek sweeping relief from the Judicial Branch, not the political Branches, that would install the district court in a supervisory role over the federal government's response to climate change in its entirety. [read post]
6 Feb 2024, 5:46 am
On Jan. 25, it presented preliminary guidelines for the judicious use of AI, ensuring that it serves the pursuit of justice without trampling professional ethics. [read post]
5 Feb 2024, 9:53 pm
In response to the situation in judicial practice where the same dispute involves two or more international treaties, Article 2 of the Interpretation stipulates that the People’s Court shall determine the international treaty to be applied on the basis of the applicable relationship clause in the international treaty. [read post]
5 Feb 2024, 6:44 am
” “Habba on Monday filed a letter with the court citing a New York Post story that said U.S. [read post]
5 Feb 2024, 6:00 am
And it turns out that is partly because many litigators there do not use the country’s electronic filing system and, instead, file papers in hard copy. [read post]
5 Feb 2024, 4:00 am
One frequently finds that if a practice is nominally unavailable in a legal system but essential to its functioning, the legal system will find some way to retrofit available practices to plug the gap.Consider that in the U.S., federal courts--including the U.S. [read post]
