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11 May 2017, 11:42 pm by Keith Mallinson
However, the judicial process enables the court to figure out where the biases and inaccuracies lie in case-specific circumstances and make sense of differences in opinion.Intervention with centralised essentiality assessments would be a blunt instrument that would be subject to political and other adverse influences. [read post]
11 May 2017, 8:00 am by Nicholas Aroney and John Kincaid
Political parties play a vital role in federal systems, especially as forces for centralization or decentralization. [read post]
11 May 2017, 4:00 am by Alan Macek
It is typically the case management judge who will balance the confidentiality of the materials with the principles of an open and public court system. [read post]
10 May 2017, 5:26 am by Derek T. Muller
A system of separate and coordinate powers necessarily involves an acceptance of exclusive power that can theoretically be abused. [read post]
9 May 2017, 9:05 pm by Walter Olson
Miller] “A Convincing Case for Judicial Stays of Discovery in False Claims Act Qui Tam Litigation” [Stephen A. [read post]
9 May 2017, 1:54 pm by Kluwer UPC News blogger
’ The SUEPO statement refers to a decision of the Dutch Supreme Court of 20 January 2017, in which the Court ruled that the European Patent Office could invoke its immunity from jurisdiction of Dutch courts in its conflict with the EPO trade unions. [read post]
9 May 2017, 9:59 am by Bill Otis
The Supreme Court held  that "classifications based on alienage, like those based on nationality or race, are inherently suspect and subject to close judicial scrutiny. [read post]
9 May 2017, 8:00 am by Nicholas Aroney and John Kincaid
On balance, Brutus was perhaps more prescient than Alexander Hamilton about the long-term impacts of high courts on federal systems. [read post]
9 May 2017, 4:59 am by Jane Chong
Emphasizing the idea that Establishment Clause precedents don’t readily apply to the immigration context, Wall argues that "domestic Establishment Clause precedent" doesn’t get “exported” to the border to compel a judicial inquiry into the purpose driving the decisions of the political branches. [read post]
9 May 2017, 4:41 am by Randazza
But, sometimes they get more sketchy as their judicial career is about to end. [read post]
9 May 2017, 4:00 am by Judith Gaskell
Neil Gorsuch is now on the Court as the junior justice. [read post]
8 May 2017, 9:01 pm by Joanna L. Grossman
Under “Standard Operations Procedure 1440,” the starting salaries of management-level employees are determined by a level-and-step system, similar to many civil service pay systems. [read post]
8 May 2017, 10:17 am
I The Unitary Patent and Unified Patent Court - where are we now? [read post]
8 May 2017, 8:50 am by Rebecca Tushnet
 Defendants allegedly did not inform buyers of the risk and affirmatively misrepresented it.Defendants’ business model relies on court mandated rehabilitation programs, as a condition of probation or bond, and other criminal justice system functions. [read post]
8 May 2017, 8:15 am by Nicholas Aroney and John Kincaid
Party politics influence the makeup and jurisprudence of high courts in all federal systems, but not all courts are as politicized as the U.S. [read post]
8 May 2017, 8:10 am by David Bosco
From the U.S. side, it’s tough to imagine that the Trump administration has provided compelling evidence that it is examining U.S. torture policies at anything like the systemic level that the prosecutor seems to want. [read post]
8 May 2017, 7:20 am by Ilya Somin
Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. [read post]
8 May 2017, 6:27 am by Joy Waltemath
In sum, the court found that ruling on the constitutional issues “would not only implicate, but interfere with, the State’s interest in enforcing its civil rights laws and the administration of its judicial system, and ‘put the federal court in the position of making a premature ruling on a matter of constitutional law. [read post]
8 May 2017, 5:00 am by The Public Employment Law Press
"The policy was grounded on the Board's belief that judges who simultaneously drew both a full judicial salary and a full pension, typically referred to as "double-dipping," adversely affected both the public's impression of the court system and the court system's negotiations with the other branches over crucial budgetary and personnel matters.While three retired Supreme Court Justices' [Plaintiffs]… [read post]