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8 Feb 2017, 7:45 am
Part V: The Role of the Courts in the Application of Law: Judicial Review, Methodologies of Interpretation, and Legitimacy closes the circle by bringing the focus back to the courts and their engagement with law. [read post]
1 Mar 2016, 3:39 am by Amy Howe
United States and the judicial-recusal case Williams v. [read post]
6 Nov 2020, 7:26 am by Brietta Clark
Texas, two individuals and 18 states are once again asking the Supreme Court to do what it refused to do eight years ago in National Federation of Independent Business v. [read post]
24 Mar 2017, 6:18 am by Abbe Gluck
  The protection from federal interference of the internal functions of a state governments is one of the bedrocks of state sovereignty protected by the limitations on Congress’s powers in Article I of the Constitution and the reservation of power to the states in the Tenth Amendment. [read post]
7 Sep 2017, 4:00 am by Euan Sinclair
With the advent of computer databases in the early 1970s, there was a general uneasiness about the power of the state becoming overbearing. [read post]
9 Aug 2021, 1:44 pm
  Perhaps moving to what some other states (and the federal system) have done:  just make the whole thing discretionary.I've always thought that the most powerful way of making an argument -- as well as the most difficult -- is to advance a position in a way that makes the recipient (whether a judge, jury, or whomever) believe that s/he's come up with the right answer on their own. [read post]
26 Jul 2017, 7:07 am
” It states: “Neither a public entity nor a public employee is liable for an injury caused by a natural condition of any unimproved public property, including but not limited to any natural condition of any lake, stream, bay, river or beach. [read post]
8 Oct 2021, 9:30 pm by ernst
M’Intosh’s discovery doctrine in Wi Parata v. [read post]
17 Jul 2013, 12:00 am by Rumpole
In Geter v, State, 38 FLW D1405 (3rd DCA June 26, 2013) a remarkable thing occurred: the 3rd DCA denied, en banc (legally: the whole bunch), Geter's request to apply retroactively the US Supreme Court's decision in Miller v. [read post]