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7 Oct 2024, 9:30 pm
In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. [read post]
4 Nov 2016, 4:00 am
Branch of the N.A. for the Advancement of Colored People v State of N.Y. [read post]
15 Dec 2019, 7:38 pm
I won't get into the back story and other issues that came about, but I will say that a substantial majority of the Iowa probate attorneys (and judges) are not pleased with the end result.Unfortunately, the first set of forms that the Iowa Judicial branch has prepared were not approved by the legislative committee, but a new set of forms were recently proposed, so we are awaiting those to be approved. [read post]
13 Jul 2018, 7:05 am
But the discussion here actually encompasses four separate issues: the question of when a sitting president can be investigated and tried for possible violations of criminal and civil law, judicial deference to executive branch agencies' interpretations of law, judicial deference on national security issues, and the theory of the "unitary executive. [read post]
5 Feb 2007, 10:24 am
The one thing judicial independence presupposes, is that the facts will be impartially and openly determined, so that laws can be applied to reach a just outcome. [read post]
2 Apr 2021, 6:30 am
Sherwin’s book prompts me to reconsider the role of nuclear weapons in remaking constitutional relationships, not only within the executive branch, but between the branches. [read post]
11 May 2008, 11:00 pm
The filing period for judicial elections (and, of course, other state elections as well) starts in about six weeks. [read post]
21 Jan 2014, 10:15 am
As the President of the Twelfth Judicial branch of the Next Generation Divorce group (Cindy Barry, not me), it is my sincere pleasure to extend an invitation to the bench and Bar of the Twelfth Judicial Circuit to attend a free presentation on collaborative law on February 6, 2014, from 4:30 p.m. to 6:30 p.m. [read post]
28 Aug 2024, 4:05 pm
: Federal Common Law in the Judicial Review of Bankruptcy Transactions Under Section 363 on SSRN. [read post]
21 May 2025, 6:00 am
In an order entered August 1, 2023, the Supreme Court, inter alia, granted those branches of the motion. [read post]
21 May 2025, 6:00 am
In an order entered August 1, 2023, the Supreme Court, inter alia, granted those branches of the motion. [read post]
10 Apr 2008, 6:21 am
This isn't a complaint of a group that seriously expects to litigate and intends to win.Judge Kaye Sues to Obtain Pay Increase for New York Judges (Sui Generis) Judge Kaye has thrown down the gauntletBreaking the Bank (Judicial Reports) The 30-page suit makes three primary claims: that the New York judiciary is entitled to "adequate compensation," that State judges were unfairly discriminated against by the State Legislature, and that the judicial branch pay… [read post]
16 Jun 2010, 5:48 am
It is a strong opinion that reiterates the jurisdictional nature of the filed rate doctrine and discusses the proper roles of the three branches of government. [read post]
26 Jun 2008, 7:16 pm
Judges in the minority on an issue still throw the word activism around--a move that invariably gets picked up in the political branches and the media. [read post]
15 Sep 2017, 2:30 am
Historians believe Helen "Nellie" Herron saw a broader career for her husband beyond a series of judicial appointments. [read post]
6 Apr 2015, 6:46 pm
A New York Family Lawyer said this personal injury action, stemming from a multi-vehicle collision, raises interesting issues regarding consolidation, venue, comity, judicial economy, the avoidance of forum shopping, and a seeming conflict between the "first-in-time rule" and the convenience of material witnesses where actions have been filed in two or more counties concerning the same set of facts. [read post]
OH11: Judicial intergrity justifies exclusion; warrantless entry for noise complaint was unjustified
10 Aug 2008, 3:30 pm
The opinion also was a rare support for the exclusionary rule's justification of judicial integrity: [*P20] The slow erosion of its protection for expediency's sake or the attitude that a warrant is just a "technicality" should be troubling to all citizens but especially to the judicial branch, which is tasked with standing as the bulwark for our constitutional rights. [read post]
16 Mar 2025, 1:21 am
As a result, a choice of court agreement is valid so long as it does not violate mandatory rules and expresses the true intention of the parties.[16] Third, it is necessary to mention that in a domestic case where the validity of an asymmetric choice of court clause in a loan contract is in dispute, Pudong New Area People’s Court of Shanghai analyzed the positions of both the borrower (non-option holder) and the bank (option holder) and concluded that the borrower’s position under an… [read post]
13 Jul 2018, 10:15 am
” They apply, as well, to the executive branch and to state and local governments. [read post]
24 May 2023, 7:28 am
That's what the other two branches of the government are all about. [read post]
