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22 Jun 2017, 5:12 am
He explained that he “would be wary of holding the residual clause to be unconstitutionally vague” because, in his view, “the vagueness doctrine shares an uncomfortably similar history with substantive due process, a judicially created doctrine lacking any basis in the Constitution. [read post]
21 Jun 2017, 9:05 pm
[cross-posted and abridged from Free State Notes, which has more on the Maryland implications] Tags: redistricting reform, Supreme Court, Wisconsin, WO writings Supreme Court will look at partisan gerrymandering is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
21 Jun 2017, 9:01 pm
Court of Appeals for the Third Circuit, for whom I was honored to clerk. [read post]
21 Jun 2017, 11:53 am
Judicial inquiry into the national-security realm raises ‘concerns for the separation of powers in trenching on matters committed to the other branches. [read post]
21 Jun 2017, 6:17 am
Bill C-59 also places some CSE activities under quasi-judicial control for the first time in its history. [read post]
21 Jun 2017, 5:31 am
They lost on their main challenge to the compatibility of the rules with the HRA and judicial review principles, the court holding that in general it is the decision in an individual case which may be incompatible with ECHR rights, rather than the relevant general rules or policies (para. 57). [read post]
20 Jun 2017, 6:34 pm
They’ve given ISPs discretion, in keeping with the flexible language of the statute, and have allowed them to adopt and implement policies that are specific to their own systems and services. [read post]
20 Jun 2017, 1:04 pm
Provincial schemes to deal with drivers with lower levels of blood alcohol concentration through administrative penalties (instead of criminal sanction) show promise in reducing the demands on our court system [read post]
20 Jun 2017, 12:15 pm
Judicial review is unlikely to be the sole or even the most important tool in the struggle to reform zoning. [read post]
20 Jun 2017, 11:56 am
Supreme Court. [read post]
20 Jun 2017, 11:30 am
Some will view this decision as an important protection for former executive officials against judicial Monday-morning quarterbacking. [read post]
20 Jun 2017, 11:30 am
Some will view this decision as an important protection for former executive officials against judicial Monday-morning quarterbacking. [read post]
20 Jun 2017, 10:56 am
Three months later state criminal district court Judge Nanette Hasette issued a 7-page order that found: “The court concludes that the intentional suppression of evidence and lack of timely disclosure of exculpatory, mitigating and impeachment evidence described herein constitutes prosecutorial misconduct and undermines the confidence of the public in the judicial system, and the outcome of this trial specifically. [read post]
20 Jun 2017, 6:10 am
Judicial Foreclosures Some Utah foreclosures are judicial, meaning that they are carried out through the state court system. [read post]
20 Jun 2017, 6:06 am
The reason MDL is often used is because with many similar claims in federal courts across the country, courts may wish to consolidate these claims for the purpose of judicial efficiency. [read post]
19 Jun 2017, 11:31 am
By contrast, dissenting Judge Bybee’s first judicial post was to the Ninth. [read post]
19 Jun 2017, 10:46 am
Although the Board’s interpretation of ambiguous NLRA language is ordinarily entitled to judicial deference, courts do not defer to the Board’s conclusion as to the interplay between the NLRA and other federal statutes. [read post]
19 Jun 2017, 10:46 am
Although the Board’s interpretation of ambiguous NLRA language is ordinarily entitled to judicial deference, courts do not defer to the Board’s conclusion as to the interplay between the NLRA and other federal statutes. [read post]
19 Jun 2017, 10:44 am
A former circuit court judge who had rejected this claim wrote, "This Court should not and will not codify or institutionalize the burgeoning cottage industry of former paralegals or social workers who are ardent death penalty opponents who declare themselves to be "mitigation experts" and demand exorbitant fees from the judicial system for doing the work that any competent paralegal or investigator could do for one-third the cost. [read post]
19 Jun 2017, 9:30 am
She traces the historical arcs of several key contestations between the judicial branch and one of its sibling branches, including the failure to comply with a court order, the potential removal of a judicial officer outside the impeachment process, and court packing. [read post]
