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4 Feb 2024, 11:54 am by Alastair Clarke
In some cases, the result is that counsel has no other remedy than to go to Federal Court to request judicial review. [read post]
4 Feb 2024, 11:30 am by Will Baude
  It would (it has been said) "embitter" Trump supporters, who would react with "rage" to a "rigged" system and produce widespread "chaos. [read post]
4 Feb 2024, 5:23 am by Rob Robinson
Many AI applications indisputably assist the judicial system in advancing those goals. . . [read post]
3 Feb 2024, 2:59 pm by Rebecca Tushnet
Instead of a court-centric model, a pluralistic system can be better at protecting intangible property by increasing accessibility, diversity, and timeliness of remedies. [read post]
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
2 Feb 2024, 9:43 pm
" That is all true and strongly aligns with the cultures of governance that have given legitimacy (in the U.S. in a more fragile manner since the Supreme Court's decisions of the 1930s) the the techno-bureaucracies of contemporary liberal democratic governmental apparatus. [read post]
2 Feb 2024, 5:55 am by Mary Szarkowicz
On the CERD, also by a vote of 13 to 2, the Court found that Russia violated its obligations under Articles 2 and 5 of the CERD in the way it implemented its educational system in Crimea after 2014. [read post]
1 Feb 2024, 5:50 am by Yuval Shany
Israel, by contrast, was relieved that the Court did not order it to halt the military campaign and noted positively the Court’s call for the immediate and unconditional release of the Israeli hostages held in Gaza. [read post]
31 Jan 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
Without analyzing these (or other) justiciability questions in any detail, let us say simply that (as one of us is arguing more elaborately in a forthcoming law review article), federal courts should—to “compensate” for the so-called “Purcell principle”(named for a 2006 Supreme Court case) foreclosing federal judicial review of election challenges close in time to the challenged elected—exercise flexibility in standing and ripeness… [read post]
31 Jan 2024, 7:10 am by Marty Lederman
 Fourth, some Justices might worry that if the Court holds that Trump is ineligible to be President, it could be the very rare case in which important actors in the constitutional system refuse to accept the Court's decision as determinative. [read post]
31 Jan 2024, 6:06 am by James A. Goldston
With a near unanimous bench of judges from 15 and, in some cases, 16 different national legal systems, including the United States, the Court’s opinion spoke volumes. [read post]
31 Jan 2024, 4:43 am by Beatrice Yahia
Signup to receive the Early Edition in your inbox here. [read post]
30 Jan 2024, 9:05 pm by renholding
Justice Scalia, who was at one point an ardent supporter of Chevron deference, thought that judicial deference to agency interpretations that had been rejected by courts was “probably unconstitutional;”[13] it’s not clear why the answer would be different for changes to agency interpretations that had been ratified by courts. [read post]
30 Jan 2024, 9:02 pm by renholding
”[24]  The court continued by observing that: [H]ere, the Provision is used by an agency of the federal government to shield itself from public view. [read post]
30 Jan 2024, 7:38 pm by Jon L. Gelman
As a judicial system, we have absolutely no interest that will be vindicated by closing our doors to workers like Williams. [read post]
30 Jan 2024, 5:29 pm
Blue Cross Life Insurance Company of Canada, 2023 ONCA 842, provides an insightful example of the complexities surrounding long term disability insurance claims and the judicial system's role in addressing these disputes. [read post]
30 Jan 2024, 7:16 am by Daniel Deacon
After Loper Bright, courts will feel the weight of this choice; it may be the difference between de novo review and arbitrariness review; independent judicial judgement and judicial deference; judicial responsibility and agency authority. [read post]