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23 May 2018, 2:30 pm
So we urge the Court to rehear this case en banc to establish the rule that our Constitution and Supreme Court precedent require.1. [read post]
23 May 2018, 11:43 am
On May 21, in Epic Systems v. [read post]
23 May 2018, 11:01 am
The original meaning of the Constitution imposes many severe constraints on current democratic processes, including tight limits on the scope of federal power, an unwieldy system of separation of powers, a significantly unrepresentative Senate and a variety of individual rights enforceable by strong judicial review wielded by unelected, life-tenured judges. [read post]
23 May 2018, 8:12 am
The majority’s steady hand, voiced by Justice Gorsuch not only showed proper judicial restraint, but was also prescient. [read post]
23 May 2018, 6:46 am
Supreme Court in Epic Systems Corp. v. [read post]
23 May 2018, 3:56 am
In Epic Systems v. [read post]
23 May 2018, 3:30 am
Still, Chevron deference underlies countless judicial decisions. [read post]
23 May 2018, 12:34 am
The High Court upheld this decision on appeal. [read post]
22 May 2018, 11:13 pm
Therefore, it is hoped that codification will provide a clean slate for judicial consideration of this critical topic. [read post]
22 May 2018, 11:00 pm
In certain cases, it is now necessary to undertake a prior effort at finding agreement with a court-ordered conciliator. [read post]
22 May 2018, 6:14 pm
" The state Commission on Judicial Conduct is investigating. [read post]
22 May 2018, 12:45 pm
Courts recognize that protecting anonymous speech, which has long-been recognized as “a shield from the tyranny of the majority,” is critical to a functioning democracy and subject laws that infringe on the right to anonymity in “core political speech” to close judicial scrutiny. [read post]
22 May 2018, 7:20 am
Rather than comment on the relative merits of the different judicial selection methods—debates that grow in intensity the more power a given court exercises—I might question our assumptions about the issue. [read post]
21 May 2018, 9:30 pm
Deane School of Law at Hofstra University, has published Making Habeas WorkA Legal History, with NYU Press.Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. [read post]
21 May 2018, 6:09 pm
Still, the JQC said, suspension was "warranted to demonstrate to the public, and to remind the judiciary, that racial bias has no place in our judicial system. [read post]
21 May 2018, 1:29 pm
Justice Ginsburg, joined by Justices Breyer, Sotomayer and Kagan, filed a separate dissenting opinion (Epic Systems Corp. v. [read post]
21 May 2018, 11:00 am
If applicable, this would mean that the U.S. would have to go through the MLAT system any time it sought to directly access a EU citizen’s data directly from an EU-based provider. [read post]
21 May 2018, 10:05 am
” The case is Epic Systems Corp. v. [read post]
21 May 2018, 9:53 am
Now, with the Supreme Court’s decision in Epic Systems Corp. v. [read post]
21 May 2018, 9:36 am
Two especially unusual conceptions of the rule of law offered by politicians on the right, in this country and elsewhere, recently underscored this point.The first came from Viktor Orban, the Prime Minister of Hungary, under heavy fire from the European Union for undermining the rule of law (by, among many other things, limiting the power of his country’s Constitutional Court and manipulating the judicial retirement age to pack the courts). [read post]
