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21 Jun 2011, 1:00 pm
This type of provision is common to extradition treaties; the power to make such decisions is assigned to the executive branch. [read post]
22 Jun 2013, 7:02 am
And because the NDAAs and the caselaw and executive-branch practice surrounding them are constantly evolving, we plan on releasing periodic updates to this book as events warrant. [read post]
4 Nov 2024, 6:39 am
On July 15, Judge Aileen Cannon held that Attorney General Merrick Garland lacked statutory authority to appoint Jack Smith as a Special Counsel to investigate and prosecute federal criminal charges against former President Donald Trump. [read post]
31 May 2019, 6:00 am
Imminently, in the thickening avalanche of cases triggered by a White House heedless of internal check and contemptuous of both, supposedly co-equal branches, Roberts and his colleagues will be forced to interpret the Court’s role in enforcing constitutional constraints on presidential power till now rarely or ever contested.We have not seen this movie before, but we have seen on [read post]
17 Oct 2023, 6:30 am
For instance, in Canada, as Paul Daly powerfully shows, deference is recognized in many areas of the law and was entrenched and affirmed in a recent canonical judgment of the Canadian Supreme Court (called Vavilov). [read post]
15 May 2023, 7:09 am
Paul Nakasone explained at a public forum sponsored by the Privacy and Civil Liberties Oversight Board (PCLOB) earlier this year, “FISA Section 702 is irreplaceable” and “plays an outsized role in protecting the nation” by “providing some of the U.S. government’s most valuable intelligence on our most challenging targets. [read post]
2 Oct 2015, 12:27 pm
That the judiciary is not structurally insulated from the other political branches of government is unremarkable, at least in the context of other international judicial systems. [read post]
29 Oct 2013, 8:20 pm
For this class we will attempt to understand how it is that the ordinary courts of the American Republic could be vested with the authority to determine the legitimacy of the actions of either the co-equal branches of the federal government, or of the actions of inferior governmental units. [read post]
11 Jan 2021, 8:17 am
On Dec. 1, 2020, the Supreme Court heard oral arguments in Nestlé USA, Inc. v. [read post]
4 Jun 2019, 10:16 am
The increased scrutiny may turn out to be messy and subjective—a problem of epistemology: which branch of gov’t is better at sifting messy evidence. [read post]
23 Sep 2011, 9:31 am
That's what Paul Weyrich meant when he said to a group of evangelical activists in 1980: "I don't want everybody to vote. [read post]
12 Aug 2009, 12:30 pm
They recognized Justice Sotomayor's intellect, her integrity, and her independence of mind; her respect for the proper role of each branch of government; her fidelity to the law in each case that she hears; and her devotion to protecting our core constitutional rights and liberties. [read post]
25 Apr 2022, 12:55 pm
” Justice Amy Coney Barrett, extending olive branches all around, noted “good points” made by Kagan and by the advocates on both sides. [read post]
13 Jan 2012, 7:23 am
The Continental League, headed by legendary baseball executive Branch Rickey, had planned to begin play in 1961, but it was dissuaded from entering the field by the promise of the two existing leagues to add four more teams in the near future and another four by the end of the decade of the 1960’s. [read post]
21 May 2009, 1:42 am
" He cited surveys showing large majorities of the public cannot name the three branches of government. [read post]
25 Feb 2020, 6:20 am
The justices granted review in October of last year, and a few days later the court appointed Paul Clement, a former U.S. solicitor general, to defend the 9th Circuit’s ruling and the CFPB’s structure. [read post]
3 Oct 2019, 7:51 am
A Foreign Financial Account for FBAR filing purposes is defined as an account registered at a foreign financial institution (including accounts at foreign branches of US financial firms), that has a cash balance and which a US tax filer has a financial interest in or signatory authority over. [read post]
28 Mar 2012, 3:28 pm
Severability During the morning session, former Bush administration Solicitor General Paul Clement, representing 26 state attorneys general, the National Federation of Independent Business and four private individuals, argued that if the requirement that most individuals purchase minimal essential health coverage or pay a penalty – commonly referred to as the individual mandate – is removed from the law, the remainder falls. [read post]
27 Dec 2018, 6:59 pm
Tuesday marked the 150th anniversary of President Andrew Johnson’s Christmas Amnesty of 1868. [read post]
8 May 2015, 6:05 am
“A dead pine branch? [read post]
