The Hazards of Proposals to Limit the Tenure of
... tenure, the article discusses both selection and tenure since they are closely related. The first part of the article explains why proposals to limit the tenure of federal judges would interfere with judicial independence and effectiveness without producing any countervailing benefits. The second pa ...
... tenure, the article discusses both selection and tenure since they are closely related. The first part of the article explains why proposals to limit the tenure of federal judges would interfere with judicial independence and effectiveness without producing any countervailing benefits. The second pa ...
SC10-1790 Complainant, v. CARLTON PIERCE, Respondent
... Amended Complaint on December 3, 2010 and Respondent served his Answer and Affirmative Defenses to same on December 10, 2010. (R-16, 18). On December 17, 2010, the bar served its Reply to Affirmative Defenses to the Amended Complaint. (R-25). The final hearing occurred on February 23, February 25, a ...
... Amended Complaint on December 3, 2010 and Respondent served his Answer and Affirmative Defenses to same on December 10, 2010. (R-16, 18). On December 17, 2010, the bar served its Reply to Affirmative Defenses to the Amended Complaint. (R-25). The final hearing occurred on February 23, February 25, a ...
Currie 9 (2002)
... effective, it has to be signed, sealed, and delivered? 2. Sec’y of State can be directed by mandamus in an area that is not depending on executive discretion, but rather on particular acts of congress and the general principles of law. The idea is that if act is in executive discretion, then there’s ...
... effective, it has to be signed, sealed, and delivered? 2. Sec’y of State can be directed by mandamus in an area that is not depending on executive discretion, but rather on particular acts of congress and the general principles of law. The idea is that if act is in executive discretion, then there’s ...
US Supreme Court
... reason for the existence of states. Changing local conditions create new local problems which may lead a state's people and its local authorities to believe that laws authorizing new types of public services are necessary to promote the general well-being [330 U.S. 1, 7] of the people. The Fourteen ...
... reason for the existence of states. Changing local conditions create new local problems which may lead a state's people and its local authorities to believe that laws authorizing new types of public services are necessary to promote the general well-being [330 U.S. 1, 7] of the people. The Fourteen ...
No. 01-1375: United States v. Navajo Nation
... further observed that, "[w]ere this a court of equitable jurisdiction considering a private trust, [the Tribe] might easily qualify for remedies typically afforded wronged beneficiaries." Id. at 52a. But those circumstances, the court explained, "do not themselves confer jurisdiction on this Court, ...
... further observed that, "[w]ere this a court of equitable jurisdiction considering a private trust, [the Tribe] might easily qualify for remedies typically afforded wronged beneficiaries." Id. at 52a. But those circumstances, the court explained, "do not themselves confer jurisdiction on this Court, ...
Con Law II Outline
... What happens when gov’t oversteps its power? Answer according to DofI is revolution. Answer according to Chase is judicial review Natural Rights 1. Calder v. Bull p. 380 1798 Early example of judicial implementation of natural rights philosophy. HELD: held that Art. 1 § 10 applies only to crimin ...
... What happens when gov’t oversteps its power? Answer according to DofI is revolution. Answer according to Chase is judicial review Natural Rights 1. Calder v. Bull p. 380 1798 Early example of judicial implementation of natural rights philosophy. HELD: held that Art. 1 § 10 applies only to crimin ...
first amendment limitations on the power of school boards to select
... of married students from extracurricular activities); Rosenberg v. Board of Educ., 196 Misc. 542, 92 N.Y.S.2d 344 (Sup. Ct. Kings County 1949) (refusal to act pursuant to parental demand that "objectionable" book be removed); In re Kornblum, 70 N.Y. Dep't R. 19 (1949) (refusal to purchase periodical ...
... of married students from extracurricular activities); Rosenberg v. Board of Educ., 196 Misc. 542, 92 N.Y.S.2d 344 (Sup. Ct. Kings County 1949) (refusal to act pursuant to parental demand that "objectionable" book be removed); In re Kornblum, 70 N.Y. Dep't R. 19 (1949) (refusal to purchase periodical ...
27_5HofstraLRev37919..
... controlled executive and legislative branches of government. See, e.g., Rostow, The Democratic Characterof JudicialReview, 66 HARV. L. REv. 193 (1952). For the opinion of one eminent jurist doubting not only the origin but also the efficacy of judicial review, see L. HAND, THE BILL OF RIGHTS 73 (195 ...
... controlled executive and legislative branches of government. See, e.g., Rostow, The Democratic Characterof JudicialReview, 66 HARV. L. REv. 193 (1952). For the opinion of one eminent jurist doubting not only the origin but also the efficacy of judicial review, see L. HAND, THE BILL OF RIGHTS 73 (195 ...
Constitutional Incorporation - DigitalCommons@UM Carey Law
... state supreme court to address fully all state law issues fairly raised in litigation, including both constitutional and non-constitutional rights claims, before turning to federal constitutional law.13 This “first things first” approach derives from the premise that the federal constitutional floor ...
... state supreme court to address fully all state law issues fairly raised in litigation, including both constitutional and non-constitutional rights claims, before turning to federal constitutional law.13 This “first things first” approach derives from the premise that the federal constitutional floor ...
Meddling with the Vienna Convention on Consular
... 7. See, e.g., Death Penalty Information Center, Foreign Nationals and the Death Penalty in the US, http://deathpenaltyinfo.org/article.php?did=198&scid=31 (last visited Oct. 22, 2008) (on file with the McGeorge Law Review) (stating that, in New York City alone, there were over 53,000 foreign nationa ...
... 7. See, e.g., Death Penalty Information Center, Foreign Nationals and the Death Penalty in the US, http://deathpenaltyinfo.org/article.php?did=198&scid=31 (last visited Oct. 22, 2008) (on file with the McGeorge Law Review) (stating that, in New York City alone, there were over 53,000 foreign nationa ...
National Security Interests vs. The First Amendment: Haig v. Agee
... The clear and present danger test was later modified in Brandenburg v. Ohio.' 9 The new formulation retained the requirement that the danger be clear and present and added the elements of imminency and incitement to harm. Since the Court's enunciation of the modified test in Brandenburg,few cases ha ...
... The clear and present danger test was later modified in Brandenburg v. Ohio.' 9 The new formulation retained the requirement that the danger be clear and present and added the elements of imminency and incitement to harm. Since the Court's enunciation of the modified test in Brandenburg,few cases ha ...
Framework Laws and the Primacy of the Legislature
... The idea of comparing the role of the national legislature with the one of the EU legislature is inspired by the fact that framework legislation also plays a role on the EU level where it may not only affect the position of the European Parliament (EP) but can also infringe upon the ‘primacy’ of nat ...
... The idea of comparing the role of the national legislature with the one of the EU legislature is inspired by the fact that framework legislation also plays a role on the EU level where it may not only affect the position of the European Parliament (EP) but can also infringe upon the ‘primacy’ of nat ...
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... In the case of TEMA DEVELOPMENT CORPORATION & MUSAH v. ATTA BAFFOUR [2005-2006] SCGLR 121, the Supreme Court held, per Wood JSC (as she then was) quoting from the judgment of Lord Diplock at page 949 of the report in the case of COUNCIL OF CIVIL SERVICE UNIONS AND OTHERS v. MINISTER FOR THE CIVIL SE ...
... In the case of TEMA DEVELOPMENT CORPORATION & MUSAH v. ATTA BAFFOUR [2005-2006] SCGLR 121, the Supreme Court held, per Wood JSC (as she then was) quoting from the judgment of Lord Diplock at page 949 of the report in the case of COUNCIL OF CIVIL SERVICE UNIONS AND OTHERS v. MINISTER FOR THE CIVIL SE ...
chapter ix
... from time to time. The Supreme Court also in Grewals case (A.I.R. 1959 S.C. 512) observed that numerous rules relating to conditions of service may have to be changed from time to time if the exigencies of public service so require. There is no question of consent of the Government servant concerne ...
... from time to time. The Supreme Court also in Grewals case (A.I.R. 1959 S.C. 512) observed that numerous rules relating to conditions of service may have to be changed from time to time if the exigencies of public service so require. There is no question of consent of the Government servant concerne ...
Basic Constitutional Analysis - Santa Clara Law Digital Commons
... other limits that may be applicable and analyze them. If, on the other hand, the limit is applicable, the second question on the merits in each case is whether the limit is satisfied, i.e., whether the government complied with the rules developed by the Supreme Court for enforcing that limit. If the ...
... other limits that may be applicable and analyze them. If, on the other hand, the limit is applicable, the second question on the merits in each case is whether the limit is satisfied, i.e., whether the government complied with the rules developed by the Supreme Court for enforcing that limit. If the ...
The Seven Pillars of Centralism: Federalism and the Engineers` Case
... The Engineers Decision Sources and impact The eclipse of s.107. The actual decision in Engineers, delivered by a High Court that by then had different membership, was that federal industrial law could bind State government enterprises. In a joint statement of reasons authored by Justice Isaacs, the ...
... The Engineers Decision Sources and impact The eclipse of s.107. The actual decision in Engineers, delivered by a High Court that by then had different membership, was that federal industrial law could bind State government enterprises. In a joint statement of reasons authored by Justice Isaacs, the ...
Payneful Con Law Outline
... common law matters. Court can’t resolve an issue until it comes to the court bearing the hallmarks of actual controversy b/w two litigants. It’s not unusual for state courts to give advisory opinions to their legislatures. Muskrat v. US (1911) – J. Day – Foundation for “standing” law. o Facts: Congr ...
... common law matters. Court can’t resolve an issue until it comes to the court bearing the hallmarks of actual controversy b/w two litigants. It’s not unusual for state courts to give advisory opinions to their legislatures. Muskrat v. US (1911) – J. Day – Foundation for “standing” law. o Facts: Congr ...
Judicial Review and Its Politicization in Central America: Guatemala
... Mark A. Garber, Foreword: From the CountermajoritarianDifficulty to Juristocracyand the Political Construction of Judicial Power, 65 MD. L. REV. 1 (2006) (Explaining that In the United States of America, the relationship between judicial review as developed from the seminal decision of Marbury v. Ma ...
... Mark A. Garber, Foreword: From the CountermajoritarianDifficulty to Juristocracyand the Political Construction of Judicial Power, 65 MD. L. REV. 1 (2006) (Explaining that In the United States of America, the relationship between judicial review as developed from the seminal decision of Marbury v. Ma ...
Constitutional Limits on the Decisional Powers of Courts and
... inherent in government by administrative bodies lie not in the blending of powers in a single body but in permitting that body's power to be beyond check or review.3 This judicial recognition of the appropriateness of the administrative process does not leave administrative agencies free of all cons ...
... inherent in government by administrative bodies lie not in the blending of powers in a single body but in permitting that body's power to be beyond check or review.3 This judicial recognition of the appropriateness of the administrative process does not leave administrative agencies free of all cons ...
Legal Implications of, and Barriers to, The Right to Know
... knowledge without which there is the greatest risk that power will be abused. What could be more absurd than to call constituent bodies frequently together that they might decide whether their representative had done his duty by them, and yet strictly to interdict them from learning, on trustworthy ...
... knowledge without which there is the greatest risk that power will be abused. What could be more absurd than to call constituent bodies frequently together that they might decide whether their representative had done his duty by them, and yet strictly to interdict them from learning, on trustworthy ...
The Rise and Fall of Judicial Self-Restraint
... supportive of type (3) restraint rather than in inventing it) had gone so far as to say a law should be invalidated only if its unconstitutionality was clear “beyond a reasonable doubt,” 7 which is an even stricter standard than clear error or unreasonableness. Thayer’s test of “not open to rational ...
... supportive of type (3) restraint rather than in inventing it) had gone so far as to say a law should be invalidated only if its unconstitutionality was clear “beyond a reasonable doubt,” 7 which is an even stricter standard than clear error or unreasonableness. Thayer’s test of “not open to rational ...
Baker V State and the Promise of the New Judicial Federalism
... interest in promoting the link between procreation and child rearing. "30 The majority began its analysis by suggesting that the court's reliance upon federal equal protection precedent in prior Common Benefits Clause cases was a qualified one. 31 Though the court had frequently employed in this con ...
... interest in promoting the link between procreation and child rearing. "30 The majority began its analysis by suggesting that the court's reliance upon federal equal protection precedent in prior Common Benefits Clause cases was a qualified one. 31 Though the court had frequently employed in this con ...
RTF format
... namely Martin Nambala, and that all three welding machines, allegedly the property of WESCO, were found in applicant’s possession on the premises of his employer by members of the Namibian Police Force at Walvisbay on or about the 9 th of August 2010. The Applicant was originally charged with theft, ...
... namely Martin Nambala, and that all three welding machines, allegedly the property of WESCO, were found in applicant’s possession on the premises of his employer by members of the Namibian Police Force at Walvisbay on or about the 9 th of August 2010. The Applicant was originally charged with theft, ...
Notes on the Congress Theme
... interpretation of constitutional principles. In particular, it is arguable whether a constitutional court may rely on the principles recognised by international law and practice. In addition, the importance of the preamble of constitution may also be addressed when construing the constitutional prin ...
... interpretation of constitutional principles. In particular, it is arguable whether a constitutional court may rely on the principles recognised by international law and practice. In addition, the importance of the preamble of constitution may also be addressed when construing the constitutional prin ...
R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 2)
R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 2) was a case in the House of Lords concerning the removal of the Chagos Islanders and the exercise of the Royal Prerogative. The Chagos Islands, acquired by the United Kingdom in 1814, were reorganised as the British Indian Ocean Territory (BIOT) in 1965 for the purpose of removing its inhabitants. Under a 1971 Order in Council, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost.In 2000, Olivier Bancoult brought a judicial review claim against the Secretary of State for Foreign and Commonwealth Affairs for the initial ordinance which led to the Chagossian removal. Bancoult sought a writ of certiorari on the grounds that the ordinance was ultra vires (""beyond power"" - that is, that the ordinance had been made without legal authority), a claim upheld by both the Divisional Court and the Court of Appeal. In response, Robin Cook, the Foreign Secretary, repealed the 1971 Order in Council and announced he would not appeal against the decision, allowing the Chagossians to return home.In 2004, a second Order in Council, the British Indian Ocean Territory (Constitution) Order 2004, was produced, again reinstating the off-limits nature of the Chagos Islands. Bancoult brought a second case, arguing that this Order was again ultra vires and unreasonable, and that the British government had violated legitimate expectation by passing the second Order after giving the impression that the Chagossians were free to return home.The new Order was again struck down by the Divisional Court and Court of Appeal before proceeding to the House of Lords where it was heard by Lords Hoffmann, Bingham, Rodger, Carswell and Mance between 30 June and 3 July 2008. In their judgment, issued on 22 October 2008, the Lords decided by a 3-2 majority to uphold the new Order in Council, stating that it was valid and, although judicial review actions could look at Orders in Council, the national security and foreign relations issues in the case barred them from doing so. In addition, Cook's statement had not been clear and unambiguous enough to provide legitimate expectation.The reaction to the decision was negative, with academics accusing the majority Law Lords of failing to do their job as members of the judiciary to ""rework things like neo-imperial texts and outdated legal attitudes to the prerogative in order to cure obvious injustices and to vindicate a modern conception of the rule of law""; at the same time, their approach to legitimate expectation was also questioned, with the case described as an ""unfortunate regression"" from Council of Civil Service Unions v Minister for the Civil Service, where judges were willing to debate legitimate expectation in a similarly politically sensitive situation.