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It also cites cases from the 19th and early-20th century that employ similar language, although rarely, if ever, was the outcomes in these cases dependent on whether arbitration was a tribunal or not.Respondents counter that significantly more cases use foreign or international tribunal to refer to courts, quasi-judicial agencies, or intergovernmental adjudicative bodies, not private arbitration. [read post]
30 Jun 2021, 6:25 pm by Mark Latham
Court of Appeals for the District of Columbia Circuit to “affirm, modify, or set aside” orders issued by FERC. [read post]
22 Jun 2021, 6:41 am by Allan Blutstein
Judicial Conference — the chief policy-making body for the federal court system — strongly recommended that all federal trial courts with electronic docketing systems clearly indicate to users that cases are sealed instead of displaying a notice reading “No such case. [read post]
10 Jun 2021, 8:42 am by Rohini Kurup
The issue now before the Supreme Court deals with core questions of judicial deference to the executive branch, which has implications far beyond a civil suit in Poland. [read post]
17 Feb 2021, 3:28 pm by Dennis Crouch
Justice Hugo Black dissented with a quote from a 19th Century Court decision: “a shadow of a shade of an idea. [read post]
12 Feb 2021, 7:08 am by Margaret Colgate Love
It is not surprising that the department’s first response to President Obama’s declared interest in commuting drug sentences was to farm out responsibility for managing this initiative to private organizations rather than try to identify eligible cases through its own established channels in each judicial district. [read post]
19 Jan 2021, 1:18 pm by Keith E. Whittington
Ceballos, the Supreme Court upheld the termination of a deputy district attorney for speech made in pursuance of his duties as a government employee. [read post]
19 Jan 2021, 10:43 am by Daniel J. Hemel
First, the dictionary definition of the word “office”—in the 19th century as now—includes legislative office. [read post]
9 Dec 2020, 6:32 am by Howard M. Wasserman
He said district courts can perform this analysis, although they could seek input from the State Department. [read post]
30 Oct 2020, 1:17 pm by Sara Chimene-Weiss, Helen White
By the logic of the Supreme Court’s reigning Second Amendment case, District of Columbia v. [read post]
28 Oct 2020, 9:01 pm by Vikram David Amar
With Justice Ruth Bader Ginsburg’s seat on the Supreme Court now filled, many are taking stock of her judicial legacy. [read post]
27 Oct 2020, 6:15 am by LII Team
   The central issue in the case was interpreting the Government Edicts Doctrine, a judicially created copyright exception from the 19th century. [read post]
18 Oct 2020, 1:55 am by Anastasiia Kyrylenko
 Kat Friends Denise Ee and Jacqueline Gwee discussed a recent decision from the Singapore District Court concerning the threshold for establishing a valid defense to possessing counterfeit goods. [read post]
4 Oct 2020, 6:30 am by Guest Blogger
First, the Michigan supreme court was responding to a question about state law certified by a federal district court. [read post]
23 Sep 2020, 9:01 pm by Vikram David Amar
But as I look back on her time on the Supreme Court in particular, the three RBG writings that I find myself most drawn to—one majority opinion and two dissents—involve three other ideas central to our distinctive form of democratic government: popular sovereignty, equal voting access, and judicial deference to Congress on policies involving the entire nation. [read post]
21 Sep 2020, 3:00 am by James Romoser
Court of Appeals for the District of Columbia Circuit and writes that Ginsburg “was one of the purest romantics I have ever known. [read post]