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27 Jun 2017, 11:23 am by Andrew Kent
As described by Alex Loomis at Lawfare, Abassi held that before extending Bivens to a context not previously approved by the Supreme Court, courts should carefully evaluate whether Congress might doubt the efficacy of a damages remedy as part of the system for enforcing the law and correcting a wrong. [read post]
29 Aug 2013, 3:40 pm by Howard Wasserman
We also have not heard the plaintiffs' stories told in a judicial forum (although we might not have). [read post]
Ryan, on the other hand, alleges that the commission did not properly or adequately investigate his complaint, and has filed judicial review proceedings against the DPC in the High Court. [read post]
26 Jan 2011, 6:14 am by Martinson & Beason
If the judicial system cannot serve as a checks and balances on state run hospitals who will? [read post]
2 Jul 2008, 7:54 pm
One is the regular court system, which administers the anti-hate provisions of the Criminal Code. [read post]
20 Jul 2007, 1:25 pm
" In Sisters of Charity Healthcare System v. [read post]
31 Jul 2012, 11:14 pm
Patrick claimed he requested the amendment after Supreme Judicial Court Roderick Ireland responded to Patrick’s written request for clarification of the Legislature’s final bill, opining to the governor that the law could lead to an overly-crowded appeals docket, given the lack of judicial discretion in the bill. [read post]
31 Jul 2012, 11:14 pm
Patrick claimed he requested the amendment after Supreme Judicial Court Roderick Ireland responded to Patrick’s written request for clarification of the Legislature’s final bill, opining to the governor that the law could lead to an overly-crowded appeals docket, given the lack of judicial discretion in the bill. [read post]
5 Aug 2010, 4:29 am by Sean Wajert
  That is,  to ensure that an attorney representing the government acts evenhandedly and does not abuse the unique power entrusted in him or her in that capacity — and that public confidence in the integrity of the judicial system is not thereby undermined — a heightened standard of neutrality is required for attorneys prosecuting public-nuisance cases on behalf of the government. [read post]
18 Mar 2011, 1:23 pm by Bexis
  The court held that the transmission of an unaltered judicial opinion to a lawyer's clients was "absolutely privileged" under the law, and thus could not be the subject of a libel action. [read post]
15 Apr 2010, 11:26 am by Amanda Simon, ACLU
Without judicial review, the responsibility lies even more heavily on Congress to maintain vigorous oversight. [read post]
29 Mar 2016, 9:20 am by Holland & Hart
Opponents of unions and the Abood decision will have to wait for another case to work its way through the judicial system to raise the issue for consideration by a future Court. [read post]
17 Jan 2023, 10:16 am by Michael Lowe
Bail after an arrest by federal law enforcement is very different than when someone enters the state criminal justice system. [read post]
3 Jan 2017, 5:18 am by Heather K. Gerken
  Despite the best efforts of the Rehnquist and Roberts Courts, judicial efforts to hold back the tide of federal power have been a failure. [read post]
18 Dec 2017, 10:52 am by Graham Smith
However in that case the Court of Appeal has heldthat the Tribunal decision is not susceptible of judicial review. [read post]
Both cases provide fascinating discussions of the historic development and arcane intricacies of our multi-layered proxy system. [read post]
Without judicial oversight, the police could track unlimited numbers of people for days, weeks, or months at a time. [read post]
28 Jun 2010, 8:00 am by Lucas A. Ferrara, Esq.
Wald on the United States Court of Appeals for the District of Columbia Circuit, and Justice Thurgood Marshall on the United States Supreme Court. [read post]