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16 Jan 2015, 2:13 am
The key conclusion is that while there may be value to having judges formally involved in constitution building, much is at risk for judicial independence in the process. [read post]
5 Feb 2017, 4:16 am
Fairness Confirmed Again: Federal Court of Appeal Upholds Copyright Board’s Fair Dealing RulingMichael Geist updates us on the Canadian Federal Court of Appeal decision in the judicial review of the Copyright Board’s ruling involving copying in Canadian K-12 schools, which continues in the direction of adopted a flexible approach to fair dealing.Photographs can fall within the press exception says Serbian Appeal CourtThe Appeal Court of Serbia… [read post]
22 Jan 2014, 9:01 pm
On this Wednesday, January 22d, the Supreme Court heard oral argument in Paroline v. [read post]
24 Jul 2018, 6:00 am
In so ruling, the Court focused on the judicial character and constitutional pedigree of the court-martial system. [read post]
7 Jun 2007, 10:20 am
District Court this week, the two admitted that they falsely filled out city time sheets as if they worked although they never showed up for the jobs. [read post]
1 Aug 2024, 2:59 pm
The Supreme Court affirmed the Fifth Circuit ruling only as to the first conclusion that the SEC’s in-house tribunal system violated the Seventh Amendment. [read post]
18 Oct 2012, 7:01 am
The Court noted that, in the PA workers’ comp system, the form of the pleading is not absolute and that a WCJ can conform a decision to the evidence presented, as long as there is not prejudice or unfair surprise. [read post]
25 Aug 2011, 1:59 pm
I think the judicial system might be improved if the Justices were subject to the same recusal standards that other judges follow and if there was an occasional “special guest star” appearance by other judges on the Court. [read post]
7 Oct 2010, 11:05 am
Providence Health System-Oregon, (Ore. [read post]
7 Nov 2023, 2:27 pm
Both the University and the Fund filed cross-appeals for judicial review. [read post]
13 Mar 2008, 12:51 am
Streir further claims that "juries do not understand judicial instruction and have an inability to apply the facts to the law. [read post]
8 Feb 2023, 3:15 pm
Now that the modern Court has, for the first time, taken this step in the recognition of a new canon, it is time to assess the limits of canons in a system of limited judicial power. [read post]
19 Jun 2009, 7:46 am
A lack of respect for the legal system is endemic in Baltimore. [read post]
2 Jun 2008, 10:51 am
Circuit review of CSRT decisions is an "adequate alternative" to habeas, thereby sustaining the constitutionality of the MCA/DTA review system. [read post]
17 Jan 2012, 4:34 pm
The Justice Secretary refused the permission, which refusal the BBC challenged in a judicial review claim. [read post]
11 Apr 2008, 12:29 pm
We want the public to be informed about the judicial system and about important litigation. [read post]
25 Jan 2022, 2:37 pm
Given the overwhelming judicial consensus on the other side of the issue, one would have expected more than a footnote from the court. [3.] [read post]
20 Jul 2021, 7:56 am
It is the Necessary and Proper Clause, which empowers Congress to make a law that is necessary and proper to carry into execution the judicial power that Article III vests in the judicial department. [read post]
8 Apr 2008, 1:59 pm
(On the other hand, for a lot of reasons, I think the military justice system does a poorer job of handling extremely serious or complex cases than does the typical state court system.)But it seems a serious deficiency that unlike in state or federal criminal justice systems, there are a substantial number of GCM and SPCM convictions -- which carry the lifetime stigma of a federal conviction -- that can never receive judicial appellate review. [read post]
28 Jul 2014, 9:15 pm
Tweet Tags: ObamaCareObamaCare and Congressional (non)-intent is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
