Search for: "Ex Parte Branch"
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7 May 2010, 10:29 am
Some examples include Ex Parte McCardle (the Court let its jurisdiction be stripped in a case challenging the validity of military Reconstruction), The Gold Clause Cases (the Court held that the New Deal Congress could not deny gold repayment on government bonds but held that the bond-holder had no remedy), and Stuart v. [read post]
4 Feb 2008, 9:03 pm
Keith Shelton comes in for scrutiny in a new series by Folo proprietor Lotus [#5 in series; posts tagged Peters; see also YallPolitics] * Folo co-blogger NMC, looking into Luckey and Wilson fee disputes (earlier here, here, here), is rattled by the prevalence of hearings-without-notice, ex parte judicial contacts, and other Gothic proceduralisms [Folo]; * Implications or non-implications for civil proceedings of Scruggs's taking the Fifth [White Collar Crime Prof Blog] *… [read post]
8 Nov 2006, 3:56 pm
Madison, Ex Parte Milligan, Korematsu v. [read post]
3 Nov 2008, 3:01 pm
In so doing, the court rejected the Freeman-Walter-Abele test (regarding algorithms), the "useful, concrete, and tangible result" test articulated in State Street, and the "technological arts" test described in, for example, Ex parte Lundgren.As stated by the court:The machine-or-transformation test is a two-branched inquiry; an applicant may show that a process claim satisfies § 101 either by showing that his claim… [read post]
4 Jun 2012, 8:33 pm
Instead, plaintiffs seeking to enjoin enforcement of laws as constitutionally invalid must sue the responsible executive-branch officer, under the theory of Ex Parte Young. [read post]
5 Sep 2012, 9:01 am
Lord Walker also referred to the increased use of injunctions in UK courts, saying that courts are attempting to find a balance between personal rights of privacy and the public interest in freedom of expression: “The development of this branch of the law in England has undoubtedly been accelerated by the egregious conduct of the British press, and the readiness of the legal profession to encourage highly-paid footballers, TV personalities and other celebrities to seek prior restraint… [read post]
10 Jul 2014, 5:05 pm
At that time, if the Pataki decision is not reversed on appeal, it would enjoin "certain members of the Executive Branch of New York State from enforcing those parts of SORA which provide for public notification, including any notification which could flow from a decision unfavorable to defendant on the instant motion. [read post]
12 Apr 2017, 6:00 pm
Once a judge becomes a judge, s/he cannot as easily kick back and brainstorm with lawyer friends about pending cases before the judge, lest ex parte communication rules get compromised directly or indirectly. [read post]
25 May 2017, 3:33 pm
The plaintiffs do not have standing to bring the current action.In sum:Affirmed in part, vacated in part by published opinion. [read post]
3 Jun 2020, 7:42 am
The House counters that they’re misreading those statutes and that therefore there aren’t any appropriated funds for major parts of the project.In both cases, the Executive branch is arguing that the House (or its Committee) lacks Article III standing to sue. [read post]
19 Jun 2018, 11:00 am
Notably, Congress created ex parte reexamination proceedings in 1980 and the Court noted that those proceedings continue today. [read post]
6 Feb 2018, 4:00 am
Even without the mechanism of any specific rule, it is not farfetched to think that the Justice Department could make an ex parte supplemental filing before the FISC to keep it informed of any factual developments relevant to matters on its docket. [read post]
13 Aug 2014, 4:34 pm
” Ex parte Quirin, 317 U.S. 1, 28 (1942). [read post]
29 Dec 2015, 12:12 pm
The DTSA's Ex Parte Seizure Provision May Harm Small Businesses, Startups and Other Innovators.The DTSA contains a controversial provision that allows for the seizure (on an ex parte basis) of the instrumentalities of trade secrets theft. [read post]
7 Jul 2011, 8:29 am
Regan and Ex parte Quirin suggest that it is probably sufficient for the Executive to argue that Congress was aware of its judicially-recognized authority to determine individual immunity when it enacted the FSIA and did nothing to displace that authority. [read post]
19 Apr 2011, 8:56 pm
That was allowed in the 1908 case of Ex Parte Young, and (subject to its own exceptions), the Ex Parte Young exception has co-existed with state sovereign immunity ever since. [read post]
16 Apr 2015, 5:05 am
The most striking part of this inter-branch dialogue between the Israeli Supreme Court and other parts of government, at least to observers from outside Israel, is that it takes place as an advisory process in real time – in the midst of ongoing security operations: In a nutshell, this book shows that the most important tool that allow[s] the Israeli Supreme Court to provide judicial review on all national security matters and to do so in real time is intensive real… [read post]
9 Sep 2017, 11:30 am
” That is, the action taken by the executive branch still needs to be “executed,” here by the judicial branch. [read post]
29 Jan 2010, 7:39 am
Lorsque cela s’avère nécessaire, les tribunaux ont aussi compétence pour donner à la branche exécutive du gouvernement des directives spécifiques. [read post]
26 Feb 2023, 5:48 pm
The Attorney General of the United States serves the USSC in an “ex officio” capacity (he cannot vote). [read post]
