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15 Jul 2022, 4:49 pm
As we have seen, Raab claims that the Bill of Rights “helped mould a separation of powers between government, Parliament and the courts – a system of checks and balances to prevent any one branch of the state from dominating the others or abusing its power”. [read post]
2 Sep 2014, 5:11 am
The appellate court also went on to state that an employee’s sincerity of her religious practice is largely a matter of individual credibility and the judicial inquiry into the sincerity of that belief should be handled with a “light touch” or “judicial shyness. [read post]
19 Mar 2015, 8:41 am
Yes, if … The opening panel addressed the uncertainties around the forthcoming Unitary Patent Court, its administration and judicial process. [read post]
11 Sep 2009, 6:37 am
This country has a long history of such courts, such as bankruptcy courts, and it's hard to imagine an area of society in greater need of special judicial expertise than health-care. [read post]
6 Feb 2023, 6:18 am
The Appeals Chamber further clarified that “the Special Court is not a national court of Sierra Leone and is not part of the judicial system of Sierra Leone exercising judicial powers of Sierra Leone” (para. 40). [read post]
28 Dec 2018, 4:14 pm
The former type of error triggers de novo review and scrupulous enforcement of statutory requirements, whereas the latter type of error results in greater judicial deference to an agency’s substantive factual conclusions. [read post]
8 Nov 2011, 7:39 pm
Construction litigators in Newfoundland and Labrador or elsewhere in Canada might find it worthwhile to pay attention to judicial reasons from the Construction Court. [read post]
18 May 2022, 9:48 am
When the BVA fails to do that, the whole system grinds to a halt. [read post]
11 Sep 2017, 9:18 am
Martinez)("I believe the record here shows that Cash Biz substantially invoked the judicial process by deliberately engaging in a series of overt acts in court that evidence a desire to resolve the same arbitrable dispute through litigation rather than arbitration. [read post]
24 Feb 2023, 4:54 pm
The Clean Water Act allows private actors to sue someone for polluting a water system. [read post]
12 Jul 2016, 5:00 am
If states are adequately protected, judicial enforcement of federalism guarantees is unnecessary, but if states are not adequately protected, courts should step in. [read post]
24 Jun 2007, 10:49 pm
A preliminary screening system for weeding out cases with no real prospect of success as now provided by the Rules will not suffice for this purpose. [read post]
26 Apr 2013, 8:15 pm
“[T]he dissent’s arguments,” he wrote, “show that, without a doubt, the dissenting justices are simply not comfortable with the system of home rule established by the Illinois Constitution. [read post]
14 Dec 2011, 10:54 am
Students will have the opportunity to learn about the judicial system and the appellate process, and to participate in a moot court exercise involving the case that will be argued before the court. [read post]
12 Nov 2008, 11:25 am
Farina ascended to Chief Judge after a stint in the Justice Building, but while we have applauded his tenure as Chief Judge, he really didn't do a whole lot for the Criminal Courts other than his miserable failure in trying to institute some cockamamie system of preparing cases for trial. [read post]
7 Jul 2022, 8:33 am
This is motivated in part by the modest nature of the judicial role, and in part out of the prudential concern that these contested moral matters could soon become contested legal matters. [read post]
19 Jul 2019, 11:24 am
The Court rarely changes its mind, much less listens to what I have to say. [read post]
25 Sep 2014, 4:31 pm
In reviewing the petitioner’s substantive claims, the court noted that judicial review of the APA’s determination does not require overwhelming evidence or even a preponderance of the evidence, but merely relevant proof that a reasonable mind would accept as adequate to support a conclusion. [read post]
12 Dec 2016, 7:20 am
Will this coordination system improve matters? [read post]
6 Nov 2006, 8:36 am
"The judicial system is maturing and is better protecting civil rights, including the right to education," he added. [read post]
