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22 Oct 2018, 6:00 am
" The concept also requires that the Legislature make the critical policy decisions, while the executive branch may be delegated with responsibility to implement those policies.* The court explained that an EAA, as a creature of the Legislature, acts pursuant to specific grants of authority conferred by their creator. [read post]
22 Oct 2018, 6:00 am
" The concept also requires that the Legislature make the critical policy decisions, while the executive branch may be delegated with responsibility to implement those policies.* The court explained that an EAA, as a creature of the Legislature, acts pursuant to specific grants of authority conferred by their creator. [read post]
1 Jul 2010, 10:33 pm
The Larimer County DUI court is a collaborative effort among local and state agencies including local substance abuse treatment providers and law enforcement agencies, the District Attorney's Office, the Public Defender's Office, the Alternative Sentencing Department, the Probation Department, the Larimer Center for Mental Health, and the Colorado Judicial Branch. [read post]
1 Jul 2010, 10:33 pm
The Larimer County DUI court is a collaborative effort among local and state agencies including local substance abuse treatment providers and law enforcement agencies, the District Attorney's Office, the Public Defender's Office, the Alternative Sentencing Department, the Probation Department, the Larimer Center for Mental Health, and the Colorado Judicial Branch. [read post]
14 Sep 2009, 11:09 am
” And, Toobin says, Obama is more focused on Congress than the judiciary as an agent of change: Perhaps most important, though, Obama’s choice of nominees reveals his emphasis on using the legislative branch, rather than the judicial, to insure rights. [read post]
5 Oct 2011, 4:56 am
I then use Ewing & Kysar's example of climate change policy and argue that under current circumstances, judicial prodding is appropriate. [read post]
19 Sep 2024, 12:25 pm
In the crusade against judicial supremacy, this departmentalist view of constitutional interpretation has garnered considerable scholarly support. [read post]
13 Feb 2012, 9:00 pm
., that different branches of government can provide incentives to induce action from other branches. [read post]
9 Feb 2011, 10:08 am
Constitution, the executive and legislative branches of government share responsibility regarding the appointment of federal judges and U.S. attorneys. [read post]
10 Sep 2019, 6:00 am
In particular, the judicial-capacity model predicts that in capacity-constrained domains the Court will have to either retreat from the scene by announcing doctrines of deference to the political branches or employ clumsy categorical rules that may have little first-best merit but at least prove easy for the lower courts to apply in a uniform way. [read post]
4 Aug 2009, 1:43 pm
Abinav Chandrachud's opinion on dialogic judicial activism is very interesting. [read post]
3 Jul 2013, 10:18 am
Roberts has generally articulated a narrow—and passive—role for the judicial branch in constitutional government. [read post]
17 Aug 2010, 3:02 pm
While the results of the assessment haven’t been formally published, the Third Branch Newsletter has an interview with Bankruptcy Judge J. [read post]
8 Mar 2017, 9:01 pm
First, New York and Printz both recognized that state judicial officials—as distinguished from legislators and purely executive branch members—do have obligations to process and enforce federal law. [read post]
14 Sep 2009, 12:41 pm
Judicial activism, plain and simple: having no act of Congress, no Executive decision (in fact, regulations to the contrary), and no applicable Supreme Court precedent to support their preferred policy outcome, two conservative judges invented an entirely new judicial doctrine. [read post]
26 Sep 2022, 8:55 am
It shows that the executive branch has not historically followed the justiciability positions it now asserts, but in fact accepted and advocated for judicial intervention in the past. [read post]
18 Feb 2011, 12:29 pm
When I’ve proposed waiver provisions in my own writing, I’ve suggested waivers should be subject to notice-and-comment and the decisions should be subject to judicial review. [read post]
7 Mar 2011, 8:25 pm
Unlike a judicial proceeding, the executive cannot be ordered to do anything it doesn’t want to do. [read post]
4 Feb 2019, 6:02 am
Paralleling the diversity of presenters, a broad range of stakeholders have been invited to attend, such as judicial branch officials, legislators, executive branch officials, law enforcement leaders, leaders in North Carolina’s business community, advocacy groups, academics, and more. [read post]
27 Jan 2009, 10:22 am
" However, several legal experts denounced the proposal as so extreme and radical that it would mar the constitution, violate individual rights to due process and undermine the bedrock principle of the separation of powers among the three branches of government: legislative, administrative and judicial. [read post]
