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16 Sep 2021, 5:10 pm by Daniel Shaviro
 In addition to being clearly wrong based on prior precedent, when it was decided, it was poorly reasoned, reflected clear political bias rather than proper judicial behavior, and was confused and incoherent. [read post]
16 Sep 2021, 1:34 pm
., the Supreme Court held that the ability to regulate foreign relations was inherent in sovereignty and suggested a sort of Presidential primacy over that realm.[20] Scholars have long debated whether and how the foreign affairs power is split between Congress and the President, but there is generally no part of the foreign affairs power that has been reserved by or delegated to the Judiciary.[21] In Chicago and Southern Air Lines v. [read post]
10 Sep 2021, 10:18 pm by Josh Blackman
" Much of the analysis focuses on why Ex Parte Young excludes judges from the scope of relief. [read post]
10 Sep 2021, 4:00 am by Jim Sedor
Although ostensibly non-partisan, it has clear and avowed sympathies, On September 18, it is organizing what it calls a “#JusticeForJ6” rally at the U.S. [read post]
6 Sep 2021, 8:18 am by Mark Weidemaier
Whether the restructuring proposal had the support of a clear majority is a separate question. [read post]
3 Sep 2021, 4:00 am by Jim Sedor
But it is not clear what ownership or stake, if any, Lauren Boebert has in either company. [read post]
2 Sep 2021, 8:40 am by Hayley Evans
Even before the Overseas Operations Bill was introduced, Defence Secretary Ben Wallace made it clear that the government sought to provide “equal” protections to Northern Ireland veterans as well. [read post]
1 Sep 2021, 10:18 pm by Josh Blackman
These questions are particularly difficult, including for example whether the exception to sovereign immunity recognized in Ex parte Young, 209 U. [read post]
27 Aug 2021, 4:00 am by Jim Sedor
Internal Probe Clears Capitol Police Officer in Shooting of Ashli Babbitt MSN – Justin Jouvenal (Washington Post) | Published: 8/23/2021 An internal investigation has cleared a U.S. [read post]
22 Aug 2021, 7:07 am by Florian Mueller
Some translate "soll" in a legal context with "should" in order to make it clear that it's merely a target, not a limit. [read post]
22 Aug 2021, 7:01 am by Daniel Byman
Southern Democrats sought to stop Black citizens from voting, while Republicans feared they would lose elections if all ex-Confederates could vote and used fraud to disqualify many ex-Confederates, who would mostly vote Democratic. [read post]
20 Aug 2021, 11:52 am by Eugene Volokh
But the potential for viewpoint-based application of a facially neutral law cannot be litigated ex ante. [read post]
19 Aug 2021, 4:36 am by Chukwuma Okoli
The claimant must still demonstrate to the court that it is the forum conveniens to hear and determine the claim.[15] Unfortunately, in practice, apart from a few instances, which are exceptions rather than the general rule, Nigerian courts hardly give this serious consideration during the ex-parte hearing stage for the application for leave. [read post]