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7 Sep 2017, 10:30 am by Russell Spivak
Second, “[t]he special nature of military life – the need for unhesitating and decisive action by military officers and equally disciplined responses by enlisted personnel – would be undermined by a judicially created remedy exposing officers to personal liability at the hands of those they are charged to command. [read post]
7 Sep 2017, 8:11 am by Joy Waltemath
“Faced with this choice, many reasonable employees would be dissuaded from filing an EEOC charge, preferring instead to resolve their claims quickly and outside of the judicial process,” said the court, noting that “we encourage alternative dispute resolution, but not at the expense of Title VII and the ADEA’s guarantees. [read post]
7 Sep 2017, 7:33 am by Andrew Hamm
Last spring the Supreme Judicial Court of Massachusetts dismissed approximately 20,000 wrongful convictions involving Annie Dookhan, a chemist in a Massachusetts crime lab. [read post]
6 Sep 2017, 2:59 pm by Michel-Adrien
The CanWest News Service article entitled Funding for minority groups to challenge federal laws under review reports that the program, first set up under former Prime Minister Pierre Trudeau, 'has been the target of harsh criticism from social conservatives and critics of so-called judicial activism, who assert the initiative is a slush-fund for left-leaning groups to circumvent the will of elected legislators by challenging them in court'. [read post]
6 Sep 2017, 10:00 am by Siobhan Gorman
This failure led to repeated violations of court orders and, in the case of the internet backbone taps, Fourth Amendment protections against unreasonable search and seizure. [read post]
6 Sep 2017, 4:00 am by Alice Woolley
Certainly so significant a change in judicial practice ought to happen thoughtfully and incrementally, not because the Supreme Court got itself in a jam and needed to find a way out. [read post]
5 Sep 2017, 11:46 pm by Tessa Shepperson
The reason given for the dramatic hike in the fee in recent years is that the fees have to cover the cost of running the courts system. [read post]
5 Sep 2017, 9:00 pm by Samuel R. Miller
As an example, Google controls approximately 90 percent of internet search markets, both in the US and the EU, and Google’s Android mobile operating system has a worldwide market share of over 70 percent, according to recent figures in the Wall Street Journal. [read post]
5 Sep 2017, 7:19 pm by Jon Gelman
The court took judicial notice that the hurricane of 1944 was a rare event. [read post]
5 Sep 2017, 2:30 pm by Brenda Fulmer
In April of 2016, the Judicial Panel on Multidistrict Litigation, a panel who determines whether to coordinate federal court lawsuits into multidistrict litigation (MDL), centralized lawsuits involving men who developed melanoma after ingesting Viagra. [read post]
5 Sep 2017, 11:55 am by Dan Harris
Supreme Court, thus, a Chinese court may not deem it to amount to reciprocity at the highest judicial level between the two countries. [read post]
5 Sep 2017, 8:31 am by ernst
By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation’s system of checks and balances.Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over… [read post]
5 Sep 2017, 5:30 am by Matthew Waxman
Hughes had stepped down from the Supreme Court in June 1916 to run as the Republican challenger to Wilson. [read post]
4 Sep 2017, 2:20 pm by Kevin LaCroix
As of September 1, 2017, there were 144 federal court judicial vacancies, representing over 16% of the authorized federal judgeships. [read post]
3 Sep 2017, 5:47 pm
That phrase describes the standpoint from which the higher court will review what is in the record from the court below.For South Carolina courts, the two standards mentioned ("in equity", and "at law") entail two very different procedures in the reviewing court. [read post]
3 Sep 2017, 5:47 pm
That phrase describes the standpoint from which the higher court will review what is in the record from the court below.For South Carolina courts, the two standards mentioned ("in equity", and "at law") entail two very different procedures in the reviewing court. [read post]
3 Sep 2017, 1:50 pm by Ashley Boyes
It requires a consideration of non-judicial mechanisms to re-build these women and girls including but not limited to community education, victim-assistance and reparations. [read post]
1 Sep 2017, 11:21 pm by Ilya Somin
Judge Richard Posner, who unexpectedly announced his retirement on Friday, is the most influential lower court judge of the last several decades. [read post]