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7 Feb 2020, 6:22 am by Robert Chesney
When the scope of the interstate commerce authority expanded during World War II, with the Supreme Court’s 1942 Wickard v. [read post]
20 Dec 2006, 4:33 pm
Under 91(27) the federal government has the plenary (total) power to make criminal laws for Canada. [read post]
12 Oct 2018, 6:38 am by Alison Peck
Unilateral presidential withdrawal is better understood to be either incompatible with the implied will of Congress or, at best, an exercise of presidential power where Congress has not spoken on the issue. [read post]
7 Jul 2011, 11:55 am by JB
In both cases we must ask whether the President's action is authorized by Congress (in which case the President's power is at its height), whether it is in defiance of Congress (in which case the President's power is at its "lowest ebb"), or whether it exists in a "twilight zone" where Congress has not clearly spoken (These categories are drawn from Justice Jackson's famous concurrence in Youngstown Sheet & Tube Co. v. [read post]
15 Feb 2023, 4:05 pm by Lawrence Solum
  Here is the abstract: National Federation of Independent Businesses v. [read post]
2 Aug 2010, 2:38 am by sally
Regina v B (F); Same v P (A); Same v C (J) [2010] EWCA Crim 1857; [2010] WLR (D) 21 “A judge sitting in the Crown Court had no power to quash an indictment simply because he did not believe that the proceedings were appropriately brought or were not in the public interest when compared with his assessment of the needs of other cases and that had not changed as a result of the introduction of the Criminal Procedure Rules 2010. [read post]