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5 Oct 2018, 6:35 am
That could involve refraining from implementing new rules that hold Internet companies liable for third party content on their systems and leaving it to the courts to reject claims that run counter to the safe harbour principle. [read post]
4 Oct 2018, 1:34 pm
Federalist #78 highlights the importance of judicial independence, and the role that it plays in our nation’s system of checks and balances. [read post]
4 Oct 2018, 12:58 pm
Boren (1976), the case where the Supreme Court first ruled that gender classifications are subject to heightened judicial scrutiny struck down an Oklahoma law that forbade 18-20 year old men, but not 18-20 year old women to buy 3.2% beer. [read post]
4 Oct 2018, 12:42 pm
” In addition, the Judicial Crisis Network spent $7 million in a successful effort to block Merrick Garland’s Supreme Court nomination in 2016. [read post]
4 Oct 2018, 11:42 am
That seems to me exactly what out legal system permits and expects. [read post]
3 Oct 2018, 3:23 pm
The new law addresses the following judicial decisions: Harris v. [read post]
3 Oct 2018, 9:53 am
Courts” (pp. 15-27) Linda Greenhouse, “The Supreme Court & Science: A Case in Point,” (pp. 28–40) Shari Seidman Diamond & Richard O. [read post]
3 Oct 2018, 8:58 am
The grand work of extending traditional judicial conceptions of responsibility and liability into the modern economy is thus left for the most part to the courts of the states. [read post]
3 Oct 2018, 4:42 am
As a judicial clerk I applied this standard in nearly every matter I worked on every day. [read post]
2 Oct 2018, 11:48 am
Although Supreme Court justices cannot be forced to recuse themselves, they need to keep in mind at all times the critical and unique role they play in our system of government. [read post]
1 Oct 2018, 11:03 pm
The second part of the morning will then focus on the possible effects of Brexit on specific sectors, notably the transfer of personal data outside the EU taking into account the new GDPR (Bruno Gencarelli), as well as judicial cooperation in criminal matters in light of the recent case-law of the CJEU. [read post]
1 Oct 2018, 1:34 pm
We consider five "gestalt" factors: (1) the defendant's burden of appearing in the forum, (2) the forum's interest in adjudicating the dispute, (3) the plaintiff's interest in obtaining convenient and effective relief, (4) the judicial system's interest in obtaining the most effective resolution of the controversy, and (5) the common interests of all sovereigns in promoting substantive social policies.We consider first the burden on Scrutinizer. [read post]
1 Oct 2018, 11:13 am
To that end, the bill expressly affirms or rejects specified judicial decisions in: Harris v. [read post]
1 Oct 2018, 11:01 am
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]
1 Oct 2018, 11:00 am
They are part of a sub-agency within the Department of Justice, rather than the judicial branch. [read post]
1 Oct 2018, 9:51 am
We’ve urged the court to let our plaintiffs, who in a sense are standing up for all Americans, to have their day in a public, adversarial American court. [read post]
1 Oct 2018, 8:23 am
Rather, our system contemplates that the Senate will confirm presidential picks who are qualified, and reject nominees who are unqualified. [read post]
30 Sep 2018, 3:01 pm
No, the unfairness is baked into the immigration court system; it’s a feature, not a bug. [read post]
30 Sep 2018, 3:01 pm
No, the unfairness is baked into the immigration court system; it’s a feature, not a bug. [read post]
30 Sep 2018, 2:02 pm
One of the points at issue in the debate over the sexual assault accusations against Supreme Court nominee Brett Kavanaugh is whether the standard of proof used should be similar to that applied the criminal justice system or that of a job interview. [read post]
