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28 Sep 2023, 6:30 am by Guest Blogger
Even where there is a statutory right of appeal – which, under Vavilov, leads to de novo review – a court might legitimately adopt the decision-maker’s interpretation as its own. [read post]
4 Oct 2022, 6:20 pm
Galloway, 572 U.S. 565,), legislative prayer has become the vehicle for advancing a constitutionalization of history and tradition as a predicate to adjudging the legitimacy of religious practice in a number of other contexts (Kennedy v. [read post]
20 Jun 2021, 9:05 pm by Amanda Shanor
For example, the Court’s 1990 decision Employment Division v. [read post]
28 May 2021, 6:39 am by John Elwood
Then on this week’s order list, the court denied cert on one of the remaining two, 10-time relist Johnson v. [read post]
9 Feb 2020, 10:37 pm by Maria Hook
Another question is what to make of the Privy Council’s reliance on the Travers v Holley principle. [read post]
14 Jan 2020, 5:42 pm by Patricia Hughes
The majority of the Supreme Court of Canada in Canada Post Corp. v. [read post]
26 Jun 2018, 3:32 pm by Peter Margulies
Both Chief Justice Roberts and Justice Kennedy, concurring in the judgment, offered critics of the ban a bit of a silver lining: The justices sought to nudge the president toward more civil rhetoric and overruled Korematsu v. [read post]
25 Jun 2018, 5:39 pm by John Elwood
§ 2254(d) by setting aside a state conviction based on its de novo analysis of an ineffective-assistance claim, without fulfilling its obligation to consider whether fair-minded jurists could agree with the state court’s contrary conclusion. [read post]