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8 Nov 2019, 9:14 am by Guest Blogger
If it admitted that the termination rested on policy discretion, then legislation wouldn’t be necessary to save DACA—Democrats could simply pressure President Trump to reverse his policy position.But DoJ was forced to consider a new termination decision as a result of rulings by Judge John Bates in the DACA cases pending in the District of Columbia.Judge Bates—a highly respected jurist who Chief Justice Roberts had appointed to serve for two years as head of the… [read post]
7 Oct 2019, 9:12 am by Steve Lubet
Her experiences brought her to an empathetic, less detached, approach to her work, taking fuller account of the impact her decisions could have on individuals. [read post]
4 Oct 2019, 4:38 pm by Unknown
I am grateful to Jack Balkin for organizing this symposium and to the commenters on Rationing the Constitution for their close, careful, and generous engagement with my book. [read post]
3 Sep 2019, 11:00 pm by Chuck Cosson
“Tool Without A Handle:  A Duty of Candor” The law and legal professional ethics require of counsel a duty of candor in the practice of law.[1]  This includes a duty to not knowingly make false statements of fact, to not conceal controlling legal authority, and to not offer evidence the lawyer knows to be false.[2] These principles are considered essential to maintaining both substantive fairness for participants in the process, and trust in the integrity of the process for… [read post]
20 Jun 2019, 5:11 pm by Priscilla Smith
Vogel and Robert Pear, Trump Administration Gives Family Planning Grant to Anti-Abortion Group, N.Y. [read post]
16 Jun 2019, 11:07 am
 Katfriend Gwilym Roberts takes a closer look at two of the questions referred to the EBA in G2/19, the pending referral before the EPO Enlarged Board of Appeal. [read post]
10 Jun 2019, 2:11 pm by Charlie Dunlap
Robert Bales’s court-martial conviction and sentence to life in prison without parole for killing 16 Afghans has perceptibly advanced Afghans’ opinion of the U.S. as a rule-of-law nation? [read post]
4 Apr 2019, 6:00 am by Guest Blogger
But as I have argued elsewhere Chief Justice John Roberts and Justice Samuel Alito have pretty strong originalist tendencies. [1]  Even if these latter justices respect precedent more, they follow originalism in cases of first impression, as in NLRB v. [read post]
29 Mar 2019, 9:24 am by Nate Jones
(This is a slight oversimplification; for a fuller, more nuanced discussion of how these decisions are made, see this excellent summary.) [read post]