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7 Apr 2023, 9:27 am
Control by the Political Branches The Court is certainly out of control of the political branches, as to certain facets of its decision-making. [read post]
4 Apr 2023, 10:02 am
All of the judges discussed herein, whether chosen by Leo during the Trump years or by other Federalist Society-adjacent lawyers during previous Administrations, have Federalist Society ties.Let's begin with the protege of former United State Senator Jefferson Beauregard Sessions, Judge William Pryor of the Eleventh Circuit, who was appointed by President George W. [read post]
30 Mar 2023, 2:06 pm
W. [read post]
28 Mar 2023, 5:00 am
The whistleblower plaintiff began working for USP Fabrication as a consultant, and by July 2016 managed the total network of USP Fabrication branches nationwide. [read post]
20 Mar 2023, 5:01 am
Article 148 of the draft stated that “[w]henever a majority of members of parliament or the president with the advice of cabinet shall deem it necessary, [they] shall propose Amendments to this Constitution, [and] … when approved by three fourths of members of the parliament, it shall be put to referendum. [read post]
Water Wars: Marcos Vows Philippines ‘Will Not Lose One Inch of Its Territory’ in the South China Sea
16 Mar 2023, 5:16 am
On Feb. 18, a delegation of Chinese officials from Shanghai, led by Li Xiaodong, deputy head of the Shanghai branch of China’s Taiwan Affairs Office, traveled to Taiwan to attend Taipei’s Lantern Festival at the invitation of the municipal government. [read post]
13 Mar 2023, 6:10 am
It is, and was intended to be, a flexible standard, albeit a stringent one that excludes ordinary policy disagreements between the executive branch and a transient majority of the House. [read post]
13 Mar 2023, 5:58 am
As defendants’ do not argue an independent basisto dismiss the breach of contract claim, that branch of defendants’ motion is denied. [read post]
9 Mar 2023, 5:51 am
” This was an unfortunate practical result, because the Executive branch interpretation is not persuasive. [read post]
8 Mar 2023, 3:02 pm
In addition to Engstrom, the SLS contributors to the book are: Nora Freeman Engstrom, the Ernest W. [read post]
3 Mar 2023, 5:16 am
The Biden strategy leads with a strong position here, recognizing that “[w]hile voluntary approaches to critical infrastructure cybersecurity have produced meaningful improvements, the lack of mandatory requirements has resulted in inadequate and inconsistent outcomes. [read post]
28 Feb 2023, 2:05 pm
Just before Obama took office, the George W. [read post]
27 Feb 2023, 5:01 am
Circuit has appeared open to the argument, citing favorably an article noting that “[w]hen ‘the Vice President is fulfilling his duties under Article I to preside over the Senate and break ties,’ he might ‘be considered part of the legislative branch and fall within the ambit of the Speech or Debate Clause. [read post]
25 Feb 2023, 9:15 am
You are going to be on the right side of history"; "[W]e need to be battling these battles on the home front of our cities. [read post]
21 Feb 2023, 6:41 am
Howard W. [read post]
15 Feb 2023, 6:06 am
This post details the Office of Legal Counsel’s (OLC) binding interpretation of the ASPA and the earlier Admiral James W. [read post]
3 Feb 2023, 12:40 pm
Notably, the Court’s decision to consider the states’ motion to intervene and to stay the underlying case in the meantime drew a rebuke from Justice Neil Gorsuch (joined by Justice Ketanji Brown Jackson), who took exception to the Court overstepping its role, writing “[w]e are a court of law, not policymakers of last resort. [read post]
3 Feb 2023, 9:40 am
Today we see formalism in other areas which can’t be divorced from politics of judicial review and judicial power over other branches of gov’t. [read post]
1 Feb 2023, 5:11 am
Editor's Note: this article also appears in the Transnational Litigation Blog. [read post]
27 Jan 2023, 6:21 am
The CIA’s misguided endorsement of the George W. [read post]