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9 Jul 2008, 11:58 pm
My tentative assessment is that the Court has gutted the states' spending powers Exhibit A for this thesis is a comparison between the Court's opinion in Chamber of Commerce v. [read post]
3 Sep 2019, 9:59 pm by Patent Docs
The Federal Circuit illustrated this power in its recent decision in iNo Therapeutics LLC v. [read post]
29 Aug 2017, 2:03 am by Sally-Ann Underhill
Earlier this month the Commercial Court handed down an interesting judgment which considered the question of when a cargo is the “subject of the [arbitral] proceedings”, so as to give rise to a power to order the sale of the cargo under Section 44(2)(d) Arbitration Act 1996 – Dainford Navigation Inc v PDVSA Petroleo SA (The “Moscow Stars”) [2017] EWHC 2150. [read post]
19 Jul 2018, 4:00 am by Public Employment Law Press
Citing Matter of NYC C.L.A.S.H., Inc. v New York State Off. of Parks, Recreation & Historic Preserv., 27 NY3d 174, the court explained that "The concept of the separation of powers is the bedrock of the system of government adopted by this State in establishing three coordinate and coequal branches of government, each charged with performing particular functions. [read post]
11 Jan 2011, 7:55 am by Bill Raftery
The state bar’s Board of Governors on December 10 adopted a legislative position against any effort to alter the Supreme Court’s rule making power: Opposes amendment of Article V, Section 2(a) of the Florida Constitution that would alter the Supreme Court’s authority to adopt rules for practice and procedure in all courts, or that would change the manner by which such rules may be repealed by the Legislature. [read post]
2 Nov 2019, 2:45 pm by Georgialee Lang
Based on the “gap” in the legislation, the Court relied on its parens patriae power to provide the remedy sought, relying on E. v. [read post]
1 Oct 2007, 12:19 pm
View the PDF hereFollowing conviction for one count of attempt (aggravated criminal sexual assault), denial of defendant's pro se motion to withdraw a notice of appeal filed by his appointed counsel is reversed where any party, whether represented by counsel or not, has the power to withdraw an appeal by any means and the court cannot conclude that a defendant must proceed with an appeal simply because counsel has already filed a notice of appeal. [read post]
6 Mar 2003, 1:47 pm
Read the brief [PDF text] and review War Powers: Towards Unchecked Executive Authority? [read post]
17 Dec 2008, 10:44 am
R v Mayers; R v Glasgow; R v Costelloe; R v Bahmanzadeh; R v P and others [2008] EWCA Crim 1418; [2008] WLR (D) 390 “In relation to criminal proceedings there was no power, whether under the Criminal Evidence (Witness Anonymity) Act 2008 or otherwise, to admit statements of anonymous witnesses made otherwise than in oral [...] [read post]
16 Feb 2011, 12:47 pm by Stephen A. Spitz
Continuing with this part of the blog, from time to time, I am adding more of the Power Points I use in my own course at the Charleston School of Law in Equity. [read post]
18 Jul 2024, 9:14 am by Guest Author
Reflecting this same outlook, the Supreme Court held in 1838 in Kendall v. [read post]
10 Mar 2017, 3:03 am by Scott Bomboy
However, the Supreme Court in December 1970 decided on a challenge to the law, in Oregon v. [read post]
26 Jul 2019, 5:01 am by John Harrison
As Professor Henry Monaghan has pointed out, Justice Black's opinion for the Court in Youngstown Sheet & Tube Co. v. [read post]
6 Dec 2010, 5:56 pm by Jonathan H. Adler
Adler) Following up on my post from earlier today, here is some more commentary on the Supreme Court’s decision to accept cert in American Electric Power v. [read post]
7 Feb 2024, 2:00 am by Paul Caron
Conor Clarke (Washington University; Google Scholar), Moore: The Overlooked Excise Power, 181 Tax Notes Fed. 1759 (Dec. 4, 2023): Moore v. [read post]