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24 Jan 2020, 10:00 am by ernst
  As Rao explains in his introduction:This volume presents recent scholarship on the history of the federal court system. [read post]
24 Jan 2020, 8:29 am by Adam Feldman
Miller (1939) for the proposition that, “[i]n determining whether a question falls within [the political question] category, the appropriateness under our system of government of attributing finality to the action of the political departments and also the lack of satisfactory criteria for a judicial determination are dominant considerations. [read post]
24 Jan 2020, 7:00 am by Andrew Hamm
Northeast Ohio Regional Sewer District 19-857Issue: Whether the due process and equal protection clauses prohibit states from imposing substantial financial burdens on indigent parties seeking judicial review (as at least six states have held), or whether states effectively deprive low-income litigants of access to the judicial system (as at least five states have held)—even when the court access in question represents the party’s first opportunity to… [read post]
24 Jan 2020, 4:57 am by MBettman
Requiring either expert testimony or judicial notice to establish a technology’s reliability prevents unreliable technologies from creeping into the justice system. [read post]
One approach would be to deny that religious and secular belief systems are opposing viewpoints, which would involve backtracking from much of what the Court has said in the school cases mentioned above.But we think this might be a tough retreat for the Court to make. [read post]
23 Jan 2020, 11:58 am by Edward T. Kang
Varela, 139 S.Ct. 1407 (2019), also followed the trend of favoring arbitration and limiting judicial review. [read post]
23 Jan 2020, 10:11 am
Chow) see here (noting "Our colleagues in Division Four recently underlined how important it is for every judge to combat gender bias in the justice system. [read post]
23 Jan 2020, 7:37 am by Yosie Saint-Cyr
The Canadian Transportation Agency is an independent, quasi-judicial tribunal and regulator that has, with respect to all matters necessary for the exercise of its jurisdiction, all the powers of a superior court. [read post]
23 Jan 2020, 5:54 am
These points are discussed briefly in the decision and it is evident that the Patent and Market Court envisions a pragmatic system in which the claimants will inform the DSP of new instances where the infringing services are made available and the DSP acts expeditiously to block them, which the court described as within two to three weeks. [read post]
23 Jan 2020, 4:22 am by SHG
“Facebook and Twitter appear to be misusing their immense resources to manipulate the judicial system in a manner that deprives two indigent young men facing life sentences of their constitutional right to defend themselves at trial,” Judge Charles Crompton wrote. [read post]
22 Jan 2020, 7:59 pm by Adam Levitin
If I am correct, this is really disturbing because would indicate a willingness by the South Carolina court system to accommodate Mick's desire to shield keep his business dealings from any public scrutiny, even though there is no legitimate reason that I can see for the court to turn seal all the documents in a public judicial proceeding about a commercial real estate foreclosure action. [read post]
22 Jan 2020, 1:01 pm
To do so, we consider the following factors: (1) the burden on the defendant; (2) the forum state’s interest in resolving the dispute;(3) the plaintiff’s interest in receiving convenient and effective relief; (4) the interstate judicial system’s interest in obtaining the most efficient resolution of controversies, and (5) the shared interest of the several states in furthering fundamental social policies. [read post]
22 Jan 2020, 5:17 am by Steve Lubet
  In April 2015 New York State Supreme Court Justice Alexander Hunter ruled that Fleischer was indeed a faculty member and entitled to file a grievance. [read post]
22 Jan 2020, 4:47 am by Andrew Lavoott Bluestone
LIC, LLC v Ohana  2019 NY Slip Op 33294(U) September 25, 2019 Supreme Court, Queens County Docket Number: 706833/2016 Judge: Marguerite A. [read post]
21 Jan 2020, 9:17 am by Hannah Kris
Devoted to “Hard National Security Choices,” the site features top-quality writing and analysis from experts on developing stories in the national security arena, relevant legislation, and judicial opinions. [read post]