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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]
7 Nov 2024, 8:55 pm by Lawrence Solum
The Court’s recent decision in West Virginia v. [read post]
2 Aug 2010, 2:20 am by sally
Regina v Rollins [2010] UKSC 39; [2010] WLR (D) 210 “The power of the Financial Services Authority to institute criminal proceedings was not limited to the offences referred to in ss 401 and 402 of the Financial Services and Markets Act 2000; in particular the FSA had power to prosecute offences of money laundering under ss 327 and 328 of the Proceeds of Crime Act 2002. [read post]
1 May 2007, 9:11 am
Texas, which raises a major question about the limits of executive power. [read post]
9 Jul 2024, 7:14 am by Katitza Rodriguez
” These powers can be broadly described as forms of communications surveillance or surveillance of communications data. [read post]