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17 Aug 2018, 12:30 pm by John K. Ross
In 2008, the Supreme Court held that Gitmo detainees are entitled to meaningful judicial review of the legality of their detention, but since then the D.C. [read post]
17 Aug 2018, 7:45 am by Eugene Volokh
In the Anglo-American judicial system, freedom of speech is a jealously guarded right. [read post]
17 Aug 2018, 7:04 am by Beth Graham
These processes have functioned as alternatives to the court adjudication of disputes, complementing the judicial system, and operating in what has been famously described as “the shadow of the law. [read post]
16 Aug 2018, 2:35 pm by Robert Litt
That will then squarely present the issue of whether courts are powerless to prevent such abuse of the clearance system—and the result may be that the president’s control over security clearances, long jealously guarded, will have been weakened as a result of one president’s tantrum. [read post]
16 Aug 2018, 11:27 am by Lindsay Offutt
The court rejected the activists’ argument, saying it is not the role of the judicial system to “second-guess the wisdom of the legislature. [read post]
16 Aug 2018, 10:59 am by Chibli Mallat
As a general premise, federalism must first be accepted as a superior or advanced mode of democracy— otherwise there is no point in turning to it over a non-federal system. [read post]
16 Aug 2018, 10:05 am by Jeffrey P. Gale, P.A.
Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. [read post]
16 Aug 2018, 4:00 am by Karim Benyekhlef and Nicolas Vermeys
So how should the judicial system go about transforming itself in order to allow for the successful integration of ODR? [read post]
15 Aug 2018, 5:44 am by HANNAH WILCE
The appellant also wrote a pre-action letter to the Secretary of State explaining that he would commence Judicial Review if necessary. [read post]
14 Aug 2018, 1:00 pm
Moore without judicial oversight or safeguards because Moore agreed to be executed. [read post]
14 Aug 2018, 7:25 am by Second Circuit Civil Rights Blog
"Sua sponte dismissals without notice and an opportunity to be heard 'deviate from the traditions of the adversarial system' and 'tend to produce the very effect they seek to avoid -- a waste of judicial resources -- by leading to appeals and remands.'" That happens here: a remand. [read post]
14 Aug 2018, 5:33 am by Benjamin Wittes
The idea here is not to replace either Zionism or Palestinian nationalism with some binational secular vision, but to try to imagine a governance system that might give reasonable expression to the aspirations of both historical movements. [read post]
14 Aug 2018, 4:02 am by Shubhangi Agarwalla
In India’s modern political system, this power to spare life remains in the form of executive clemency. [read post]
14 Aug 2018, 3:30 am by Steve Vladeck
As Caruço documents, CAAF both is, and sees itself as, “the supreme court of the military judicial system,” which is why Congress created its predecessor as part of the UCMJ. [read post]
13 Aug 2018, 2:11 pm by Carlita Salazar
This impartial venue for complaints would create checks and balances in the judicial system, just as the Commission on Judicial Conduct has provided oversight for judges for more than 40 years. [read post]
13 Aug 2018, 7:00 am by Ruth Levush
Compurgation was used in English law until it was superseded by the jury system; however, the system was never extended to the British colonies. [read post]
13 Aug 2018, 6:13 am by Mila Versteeg
Had Israel been a federal system, Tel Aviv’s actions might have [read post]