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19 Oct 2023, 5:19 am by Jacob Wirz
Interpreting the former is the exclusive responsibility of the courts; the latter is outside of their purview. [read post]
17 Oct 2023, 6:30 am by Guest Blogger
It “compensates” for the relative lack of institutional contestation in the legislative process (a point that Boughey emphasizes in her contribution when she mentions that in parliamentary systems the government controls much of the legislative agenda and writes most of the statutes). [read post]
13 Oct 2023, 9:35 am by John-Paul Boyd KC
Other files have indeed required all of the trappings and folderol of a superior court trial to fairly resolve. [read post]
11 Oct 2023, 7:00 am by Guest Blogger
Expertise All things considered, an important, and perhaps the most convincing, justification for judicial deference to administrative interpretation of statutes lies in the asymmetry of non-legal expertise. [read post]
1 Oct 2023, 9:02 pm by Alan B. Morrison
Court of Appeals for the Fifth Circuit’s decision in Jarkesy v. [read post]
29 Sep 2023, 6:07 am by Jacob Wirz
Most of the allegations in the complaint are based on theories of liability that courts have long accepted, but they cannot be supported with evidence. [read post]
19 Sep 2023, 10:30 pm by Tomasz Tadeusz Koncewicz
The Court chooses a superior principle to resolve the cases, and establishes brick-by-brick (or in President Lenaert’s words “stone by stone”) an internal hierarchy between various Treaty norms and values. [read post]
14 Sep 2023, 6:00 am by Tad Lipsky
It did not consider or endorse any specific legislation, but the pathway suggested was reasonably clear from the relentless criticism of economic writings, judicial opinions (including most Supreme Court antitrust opinions dating from General Dynamics), and other landmark scholarship of antitrust law and economics of the past half-century. [read post]