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16 Jan 2024, 9:32 am
We consider some possible explanations for the inconsistency: the possibility that the Court just doesn’t see First Amendment issues in IP cases; the possibility that a political realignment has left conservative justices less enchanted with speech in the marketplace; and the possibility that this is part of a broader trend away from holding courts to the same constitutional standard as the other branches of government, combined with statutes that leave room for substantial… [read post]
6 Mar 2018, 12:00 pm
Check out these guides: Staying Current and Judicial Branch Publications: Briefs, Oral Arguments & Dockets. [read post]
30 Aug 2017, 10:33 am
Burger in 1973, provides individuals with the opportunity to gain a greater understanding of the federal Judiciary by working alongside top officials in the judicial branch on various projects examining the judicial process.In the words of Chief Justice John G. [read post]
6 Oct 2016, 3:20 pm
From our friends at the Canadian Legal History Blog, the lineup for the Fall 2016 Osgoode Society Legal History Workshop (with our apologies for the belated posting):Wednesday September 14 – Ryan Alford, Lakehead University: ‘Understanding Judicial Tolerance of Executive Branch Unilateralism: Changing Dynamics in the American Federal Judicial Appointments Process 1972-2010. [read post]
13 Nov 2018, 8:00 am
Ford's irresponsible conduct in this matter (and Justice Douglas's overall conduct) have never been historically addressed and, as a result, did not leave to future political leaders and judges a means by which to gauge behavior that can undermine the independence of the judicial branch. [read post]
19 Apr 2013, 9:28 am
Dan Branch, who was a law clerk for Pope in 1983-84, introduced him at the ceremony and sponsored a resolution celebrating Pope’s life and career. [read post]
13 Jun 2022, 8:21 am
I think most of use want the Justices to follow a judicial method that isn't majoritarian. [read post]
18 Jan 2018, 6:01 am
But Bloomberg Law interviews with those who know the secretary and a review of his public comments dating back to the 1990s demonstrate Acosta’s undeniable passion for the judicial system. [read post]
29 Jan 2020, 9:30 pm
I bring together lines of cases that have sat in doctrinal silos to show the links between the concerns animating judicial limits on sentencing and judicial recognition of incarcerated people’s rights to safety, sanitation, food, medical care, access to courts, and religious observance. [read post]
19 Mar 2020, 8:47 am
” Prudent invocation of the passive virtues, Bickel argued, would keep the core judicial function — rendering decisions on the merits — free from merely expedient considerations while granting the political branches the space and time they need to work out pragmatic compromises. [read post]
28 Jan 2016, 9:55 am
Madison, because, I think, Marbury established the concept of judicial review of constitutionality, and thus establishes that the proper methodology for the study of constitutionality is through the filter of the judicial decision making process. [read post]
19 Mar 2020, 8:47 am
” Prudent invocation of the passive virtues, Bickel argued, would keep the core judicial function — rendering decisions on the merits — free from merely expedient considerations while granting the political branches the space and time they need to work out pragmatic compromises. [read post]
18 Feb 2020, 9:30 pm
Board of Education, and after the political branches adopted formal civil-rights reforms in the 1960s. [read post]
16 Mar 2020, 9:30 pm
” Prudent invocation of the passive virtues, Bickel argued, would keep the core judicial function — rendering decisions on the merits — free from merely expedient considerations while granting the political branches the space and time they need to work out pragmatic compromises.But once Bickel starkly drew out the tension between principled decisionmaking and pragmatic governance, the Legal Process consensus began to fracture. [read post]
8 Apr 2025, 5:40 am
Magliocca skillfully shows how Justice Jackson's opinion broke free of the rules for judicial writing, taking a pragmatic approach to constitutional interpretation that drew on personal experience and historical examples, rather than sticking strictly to the text, judicial doctrine, and original public meaning. [read post]
24 Jul 2019, 4:00 am
Supreme Court, however, had applied the "closer judicial scrutiny standard" which was typically used by courts reviewing an award that resulted from a compulsory arbitration process. [read post]
24 Jul 2019, 4:00 am
Supreme Court, however, had applied the "closer judicial scrutiny standard" which was typically used by courts reviewing an award that resulted from a compulsory arbitration process. [read post]
1 Jul 2024, 7:55 am
The irony is that the Court’s majority favors a unitary executive but may actually be making the executive branch more pluralist. [read post]
18 Jul 2011, 10:57 am
Indeed, while the Organic Act established the legislative and executive branches, it vested the Legislature with the power to both create and abolish the judicial branch. [read post]
12 Mar 2012, 2:34 pm
The judiciary has the power to say what the Constitution means and make sure the elected branches apply it properly. [read post]
