It is a part of the fabric of American jurisprudence.
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Suddenly, the hearing is no longer about jurisprudence but partisanship.
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Ginsburg's jurisprudence is more impassioned and more predictable than O'Connor's.
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Another genius of jurisprudence demands space in the history books.
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From a jurisprudence perspective, those two cases are very interconnected.
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The opinions underscored two distinctive aspects of Justice Thomas's jurisprudence.
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Ferguson (1896) as among the worst moments in US jurisprudence.
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Not only would it be harder to accuse a woman of sexism in her jurisprudence, but it would be much harder to argue her jurisprudence stemmed from a disrespect for women in her personal life.
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That is enough to confirm that he mimics his predecessor's jurisprudence.
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But that was the consistency of the core of his jurisprudence.
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Generally, that's going to be the case in terms of jurisprudence.
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Hellerstedt marks a dramatic escalation in the controversial jurisprudence of abortion.
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The Supreme Court's current abortion jurisprudence recognizes this: Planned Parenthood v.
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HERNANDEZ: They are not a protected class on the constitutional jurisprudence.
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He then delivered the culmination of his jurisprudence in Obergefell v.
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In fact, the Reese case exemplifies Gorsuch's careful and fair jurisprudence.
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" "There are plenty of different people in the world of jurisprudence.
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There is a subtle contrast in his jurisprudence on such deference.
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This is not the way American jurisprudence is supposed to work.
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Moreover, according to Islamic jurisprudence, not everybody is supposed to fast.
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The question is to what extent Barrett's religion affects her jurisprudence.
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But textualism doesn't serve as an overarching theory for conservative jurisprudence.
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"Roe's jurisprudence has been haphazard from the beginning," reads the brief.
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Robert P. George is a professor of jurisprudence at Princeton University.
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The public will learn more about the jurisprudence of Trump's nominees.
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The Supreme Court's Second Amendment jurisprudence, in other words, is underdeveloped.
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His judicial appointments will remake jurisprudence for a generation to come.
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"To allow gender discrimination to exist in one area of the law damages the entire fabric of the Court's equal protection jurisprudence and perpetuates the harms that jurisprudence seeks to eliminate," the ACLU said in its brief.
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GIGOT: And I agree with you, I think, on his racial jurisprudence.
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In general, and in practice, I think the jurisprudence is pretty good.
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Advocates of other rights hope to ride a wave of liberal jurisprudence.
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Catholicism than from jurisprudence, and that it is utterly inapplicable to a
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Sex and gender have been interwoven in Title VII jurisprudence ever since.
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Unlike Western systems of jurisprudence, Iran's justice system remains shrouded in secrecy.
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Justice Anthony Kennedy's sense of humor is as quirky as his jurisprudence.
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The essence of their Islamic jurisprudence is to make women melt away.
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Ruth Bader Ginsburg, now the patron saint of liberal jurisprudence, got 96.
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It was an extraordinary reinterpretation of the Court's previous jurisprudence on guns.
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This tenet of American jurisprudence is enshrined in the United States Constitution.
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But to many of them, this isn't just a problem with jurisprudence.
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For example, he sometimes used hyphens between long phrases [as in, "whatever-it-takes pro-abortion jurisprudence," or "'it-is-so-because-we-say-so' jurisprudence"] to criticize his colleagues and portray them as using elementary-school- type reasoning.
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For most of the past 700 years and in the Muslim world today, there is only Islamic jurisprudence, derived solely from the Koran, the Hadith and interpretations of Islamic jurisprudence which are the domain of four schools of Islam.
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There is no need to revive that sorry chapter in American jurisprudence today.
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It has not been a fun week for Democrats on matters of jurisprudence.
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The majority's decision represents a radical extension of the Supreme Court's abortion jurisprudence.
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In so doing, that case follows a troubling pattern in American constitutional jurisprudence.
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I have profoundly disagreed with Scalia on two fronts: jurisprudence and religious faith.
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"Our jurisprudence must remain one of vigilance and care, not one of dismissiveness."
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He serves as a senior fellow in constitutional jurisprudence at The Heartland Institute.
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There is another good reason to filibuster Gorsuch: His jurisprudence will be awful.
|
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Judge Kavanaugh's potential elevation could shift the Court's jurisprudence decisively to the right.
|
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The inherent conflict of interest would create a jurisprudence mess of gargantuan proportions.
|
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So begins the next chapter in the ongoing struggle to define American jurisprudence.
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This is a chronic problem in American jurisprudence, and it's a horrifying one.
|
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Whose interest can I pique for a rousing eve of studying constitutional jurisprudence?
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But they seem drawn more from American movie courtrooms than from Soviet jurisprudence.
|
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" Another speculates that it may be the "holy grail of election law jurisprudence.
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The Supreme Court needs to revisit that wrongheaded piece of Fourth Amendment jurisprudence.
|
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History's place in American jurisprudence took a turn in 21868, in Roe v.
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To a considerable extent, we still share that jurisprudence with our mother country.
|
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However, we, the reasonable Muslims, don't have to blindly abide by medieval jurisprudence.
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The travel-ban case tested the currency of the court's anachronistic immigration jurisprudence.
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In the process, he illuminated the special role Mr. Dylan plays in American jurisprudence.
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And these terms are probably a problem in terms of just First Amendment jurisprudence.
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He is a senior fellow in constitutional jurisprudence at the Independence Institute in Denver.
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For now, though, the dual sovereignty doctrine is a settled part of our jurisprudence.
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Judge Bork's jurisprudence had little room for women, gay people, or people of color.
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His research interests include criminal procedure, death penalty jurisprudence, federal View the discussion thread.
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If I could change one thing about our federal jurisprudence, this would be it.
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For 50 years, he explains, it has exacerbated economic inequality through its aggressive jurisprudence.
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Under current Supreme Court jurisprudence, agencies are allowed to establish new rules through litigation.
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But even in agreeing with liberals, he could be in line with Scalia's jurisprudence.
|
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Eight years is enough to build up a body of common jurisprudence, officials say.
|
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Rule of law has governed jurisprudence on the British Isles since the Magna Carta.
|
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The battle comes down to whether trauma-informed justice can prevail over traditional jurisprudence.
|
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And yet Justice Scalia's cost-benefit jurisprudence may put Mr. Trump in a bind.
|
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I think most of that body of internet jurisprudence makes a lot of sense.
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Alas, books on jurisprudence do not sell as many copies as the Harry Potter series.
|
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They understand, he understands that you&aposre talking about 30, 40, 45 years of jurisprudence.
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Some commentators compare Hardiman favorably to Justice Samuel Alito in terms of personality and jurisprudence.
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Q: The punishment for homosexuality in some schools of Islamic jurisprudence can be quite harsh.
|
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Labour law mostly falls under national competence, complemented by minimum EU social standards and jurisprudence.
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"Our jurisprudence must remain one of vigilance and care, not one of dismissiveness," Sotomayor added.
|
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But there is a growing acceptance in American jurisprudence of "deference" to the political branches.
|
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American law and jurisprudence also make explicit provision for killing animals according to religious precepts.
|
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But there are a whole swath of issues where little is known of his jurisprudence.
|
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TransCanada's suit "may break some new paths in the jurisprudence of international agreements," said Dunn.
|
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That won't be as significant to Scalia's legacy as his jurisprudence, but maybe it should.
|
|
He deeply disappointed many Americans with his constitutional jurisprudence favoring abortion and same-sex marriage.
|
|
But many liberal scholars have joined Onwuachi-Willig in recognizing the significance of his jurisprudence.
|
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That's how you build an entire area of Supreme Court jurisprudence that didn't exist before.
|
|
ISIS fanboys and social media starlets argue over precedent, jurisprudence, theology, history, and political economy.
|
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"In my view, the jurisprudence of Judge Kavanaugh is well outside the mainstream," Coons said.
|
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Not to Trump's racist deduction that Judge Curiel's Mexican heritage disqualifies him from sound jurisprudence.
|
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Right now, legal protections for speech remain strong, thanks to a robust First Amendment jurisprudence.
|
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"The majority's decision represents a radical extension of the Supreme Court's abortion jurisprudence," he wrote.
|
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Going along with conservative justices for no good reason causes significant harms to liberal jurisprudence.
|
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He is young enough, 53, that he could shape American jurisprudence for decades to come.
|
|
Originalism is no longer the powerful tool it once was for advancing a conservative jurisprudence.
|
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Now, with their jurisprudence on privacy, the justices have emerged as champions of personal liberties.
|
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This practical solution to a problem of jurisprudence must be welcome in the high latitudes.
|
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FIRE has long opposed federal agency requirements that conflict with well-settled First Amendment jurisprudence.
|
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As that jurisprudence and our cultural understandings evolved over time, however, immigration law lagged behind.
|
|
He also suggested that nearly a decade of Second Amendment jurisprudence should be tossed out.
|
|
That, at least, is the view of Floyd Abrams, the titan of free speech jurisprudence.
|
|
As Farnsworth found, ideological sympathies definitely shape constitutional jurisprudence — and personal experience shapes ideological sympathies.
|
|
But the three cases she cited are not necessarily sterling examples of jurisprudence in professional sports.
|
|
She also is far better versed in hovercraft moose-hunting jurisprudence than any other SCOTUS contender.
|
|
If Mr Gorsuch is confirmed, how would he influence the jurisprudence of America′s highest court?
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The historical and geographical "gardens" were popular, but so were surveys of Islamic jurisprudence and history.
|
|
Lawyers are tailoring their arguments to the justice -- peppering court papers with references to his jurisprudence.
|
|
He spent the next dozen years immersed in the corpus of Arabic poetry, philosophy, and jurisprudence.
|
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And we know, the basic principle of American jurisprudence is no one is above the law.
|
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His mercurial jurisprudence replicates and even gives the savor of legitimacy to a closely divided country.
|
|
We should want our justices to have consistent voting records based on their views of jurisprudence.
|
|
One issue beyond Kavanaugh's jurisprudence that senators can raise is sexual harassment in the federal judiciary.
|
|
The case -- Masterpiece Cakeshop -- brought two strands of Kennedy's jurisprudence together: LGBT rights and religious liberty.
|
|
Third, Islamic jurisprudence was developed for Muslims only, whereas Christians and Jews had their own laws.
|
|
Lani Guinier of Harvard Law School, "demosprudence," jurisprudence that comes from and speaks to the people.
|
|
"In sum, Roe's jurisprudence has been characterized by Delphic confusion and protean change," the lawmakers wrote.
|
|
Then a majority of the Supreme Court shifted sharply toward a jurisprudence hostile to regulatory limits.
|
|
So Sharia is the Islamic jurisprudence that is the laws that have evolved from 7th Century Islam.
|
|
Gun-rights jurisprudence was in its infancy in 2008; 11 years later, it has barely entered toddlerhood.
|
|
Since Trumplaw is such a novel form of jurisprudence, it's exceedingly hard to square with existing precedent.
|
|
So what was the lasting impact of Wan's case beyond the precedent it helped set in jurisprudence?
|
|
In a recent case, Kavanaugh wrote a dissent casting doubt on the high court's jurisprudence about abortion.
|
|
Under his country's law, derived from Islamic jurisprudence, a daughter receives half of what a son inherits.
|
|
This is perhaps the most highly publicized search warrant in the history of recent American criminal jurisprudence.
|
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The jurisprudence reflects a perspective deeply ingrained in the French conception of Muslims and Muslim religious garb.
|
|
The extremely consequential jurisprudence of former Supreme Court Justice Anthony Kennedy is instructive in this latter regard.
|
|
" On the other hand, he found a departure from Kavanaugh's typical jurisprudence in "Dartmouth Rally Upends Streak.
|
|
Justice Brandeis went on to serve for 22 years, and became a towering figure in American jurisprudence.
|
|
One Justice on the Supreme Court has decided the direction of our jurisprudence for almost 50 years.
|
|
" "This is perhaps the most highly publicized search warrant in the history of recent American criminal jurisprudence.
|
|
His defense of judicial independence was a memorable moment in the history of jurisprudence of democratic nations.
|
|
There is nothing in the Constitution or the history of Supreme Court jurisprudence that answers this question.
|
|
He graduated with a degree in jurisprudence and social sciences from the Universidad Nacional de El Salvador.
|
|
That's a huge swing, and it will likely drastically change the direction of American jurisprudence for decades.
|
|
The Ottomans, who followed the flexible Hanafi school of jurisprudence, were pragmatic about law from the beginning.
|
|
Since the 1970s, originalism has been both an animating principle and a marketing success for conservative jurisprudence.
|
|
Its celebration of Justice Ginsburg's record of progressive activism and jurisprudence is partisan but not especially polemical.
|
|
After Cohen's book, progressives should add the court's jurisprudence to the list of causes for income inequality.
|
|
The problem of false friends and secret recordings have been a longstanding element of our criminal jurisprudence.
|
|
But the implementation of Shariah, which is called "fiqh," or jurisprudence, is open to interpretation and discussion.
|
|
Scalia's death under a Democratic president had the potential to be a turning point in American jurisprudence.
|
|
In her remarks, Larsen spoke eloquently of her former boss as a buoyant warrior for his conservative jurisprudence.
|
|
"This case serves as a stark reminder that our abortion jurisprudence has spiraled out of control," Thomas wrote.
|
|
Scholarship on judicial interaction suggests the institution of the Supreme Court invites this kind of jurisprudence-improving interaction.
|
|
The decision concerned sentencing procedures and did not make a major contribution to the court's death penalty jurisprudence.
|
|
They quickly took all of Kandahar, forcing their strict interpretation of Islamic jurisprudence on those under their control.
|
|
He acknowledged that there was "contradictory jurisprudence" on the subject in Belgium but his government was considering it.
|
|
Unless something comes out during his confirmation hearings, Gorsuch will be confirmed notwithstanding his chosen mode of jurisprudence.
|
|
That gave his jurisprudence a greater range and evolution in dealing with changes in our society and mores.
|
|
Kennedy's jurisprudence was anchored in 85033th century enlightenment philosophers like John Locke and figures like John Stuart Mill.
|
|
But legal details aside, the spirit of their activism is sadly misguided — as decades of progressive jurisprudence proves.
|
|
They point to the vast number of opinions he has issued that offer a window into his jurisprudence.
|
|
Gideon Yaffe is the Wesley Newcomb Hohfield professor of jurisprudence and a professor of philosophy at Yale University.
|
|
This Supreme Court vacancy gave Donald Trump the power to shift jurisprudence on a range of critical issues.
|
|
In 2017, he delivered a glowing lecture on the jurisprudence of William Rehnquist, Roberts's predecessor as chief justice.
|
|
"The court's jurisprudence on affirmative action and abortion have been administered last rites many times," Professor Driver said.
|
|
Justice Anthony Kennedy's recently announced retirement from the court has made the jurisprudence of abortion a pressing matter.
|
|
Yet for precisely that reason, one wishes he had pointed a clearer path to a less impoverished jurisprudence.
|
|
In fact, in terms of their theology and jurisprudence, they are much closer to Saudi Arabia than Iran.
|
|
Developing a jurisprudence of forgiveness is partially about developing criteria for judging when and how discretion is exercised.
|
|
It is a textualist approach to the interpretation of federal law that characterizes much of Judge Gorsuch's jurisprudence.
|
|
Their jurisprudence is not represented in the Council of Higher Ulama, which advises the monarch on religious matters.
|
|
Her rulings were often pragmatic and narrow, and her critics said she engaged in split-the-difference jurisprudence.
|
|
Legal experts say that these lawsuits are long shots and test the limits of what existing jurisprudence covers.
|
|
Making a difference in just one case, Moore said, could animate a growing movement to overhaul American jurisprudence.
|
|
But as a matter of law, gun jurisprudence has not been turned upside down, as Justice Stevens feared.
|
|
Jaising P. Modi's "Medical Jurisprudence and Toxicology", first published in 1920, remains the standard textbook in the three countries.
|
|
Sheikh Rahman had a doctorate in Islamic jurisprudence from al-Azhar University in Cairo, the Harvard of Islamic thought.
|
|
Liberals looking forward with horror have one lesson to learn from the jurisprudence this will unleash: Every election matters.
|
|
Oftentimes, the result of the new conservative jurisprudence has been a straightforward attack on the outcomes of democratic governance.
|
|
"Those early years, when a justice is establishing his or her jurisprudence and style, are particularly challenging," she said.
|
|
We'll call this new jurisprudence "Trumplaw," and its latest victim is once again the so-called Trump travel ban.
|
|
The bill, which recently passed the Committee on Criminal Jurisprudence, will be debated at the Texas House of Representatives.
|
|
His use of the truck- driver story drove home a point about the real-world consequences of Gorsuch's jurisprudence.
|
|
And the lawsuits accuse companies of illegally limiting lawsuits, a convoluted argument even by the standards of American jurisprudence.
|
|
Legal experts say the case will be interesting because it pits two strands of Kennedy's jurisprudence against each other.
|
|
He has all but shown that he would continue the Supreme Court's recent jurisprudence diluting the Voting Rights Act.
|
|
Farivar, in short, is correct that among the many things the tech industry has disrupted is Fourth Amendment jurisprudence.
|
|
Robert G. Natelson, a former constitutional law professor, is a senior fellow in constitutional jurisprudence at the Independence Institute.
|
|
He vows to abandon his doctor of jurisprudence for good if Chuck will restore Kim's standing within the firm.
|
|
Women like Justice Ginsburg have proven invaluable to the development of a fair and just jurisprudence in this country.
|
|
He earned a doctor of jurisprudence degree from Washington University in 21824 and joined a St. Louis law firm.
|
|
At 53, he is young enough to serve for decades, shaping American jurisprudence for a generation, if not more.
|
|
The education, deliberation, and questioning inherent in the tradition of Jewish arguing and jurisprudence — these are unquestionably Jewish values.
|
|
That dichotomy is true as far as it goes, but there is another defining theme running through Roberts's jurisprudence.
|
|
But much like the original, the remake of "Papillon" isn't interested in questions of innocence and guilt or jurisprudence.
|
|
Slavery exists and is mentioned as a lawful institution in the Quran and in the corpus of Islamic jurisprudence.
|
|
The case will give the court an opportunity to clarify its famously confused jurisprudence on government entanglement with religion.
|
|
According to Islamic jurisprudence, barring exceptional circumstances, women heirs have a right to only half the inheritance of men.
|
|
"The significant line of jurisprudence that comes to my mind is Roe," she said, referring to Roe v. Wade.
|
|
Medieval Islamic jurisprudence, still regarded as valid by some, is used to justify slavery and the execution of prisoners.
|
|
They can wipe out every part of his legacy: climate policy, immigration reform, liberal jurisprudence, the Affordable Care Act.
|
|
It discusses the Supreme Court's abortion jurisprudence in detail, but Judge Gorsuch's goal was not to critique those cases.
|
|
Rob Natelson is senior fellow in constitutional jurisprudence at the Independence Institute, a free market think tank in Denver.
|
|
In this, as in his jurisprudence, he showed that he lived within the sealed bubble of contemporary conservative thought.
|
|
But there is a world of difference between smoothing the sharp edges of traditional jurisprudence and gutting its core.
|
|
Applying this jurisprudence to the princess "would give the impression that justice is not equal for all," said Urbano.
|
|
This Supreme Court vacancy will give Donald Trump the power to shift jurisprudence on a range of critical issues.
|
|
Cevallos is of course free to disagree with over a century of Supreme Court jurisprudence about so-called retroactive laws.
|
|
The subject of the conference, sponsored by the conservative Federalist Society, was the jurisprudence of the late Justice Antonin Scalia.
|
|
The judge brings a colorful past -- he&aposs a onetime rodeo rider, among other things -- with a creatively conservative jurisprudence.
|
|
Nor has my unease with modern immunity practice led me to wage 'war with the Supreme Court's qualified-immunity jurisprudence.
|
|
He was remembered as much for his faith and family as his jurisprudence, as one of his sons, the Rev.
|
|
Kavanaugh, if confirmed, would be on the court for decades and have the potential to shape American jurisprudence even longer.
|
|
Inheritance laws adhered to Islamic jurisprudence, and Esmat's one son would get more than my mother or her two sisters.
|
|
They spent another few pages explaining why the Supreme Court should "re-evaluate its jurisprudence" with regard to abortion rights.
|
|
Without any jurisprudence on the most critical issue, there is nothing preventing others from championing the cause in the future.
|
|
Importantly, at bottom these cases are about property — not complex constitutional jurisprudence or abstruse concepts like the public trust doctrine.
|
|
And these life-tenured jurists will continue to influence constitutional, administrative, criminal, and business jurisprudence well past a Trump presidency.
|
|
He would likely appoint at least two Supreme Court justices and set the course of American jurisprudence for a generation.
|
|
" She further added that the case "will affect a number of cases for years to come in free exercise jurisprudence.
|
|
Austin Sarat is Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College.
|
|
"Liberty finds no refuge in a jurisprudence of doubt" was Justice Anthony M. Kennedy's mysterious opening line in that opinion.
|
|
It has an office in Denver, a growing crew of investigators and one set of policies and procedures for jurisprudence.
|
|
He knows that one of the critical flaws in American jurisprudence is that it too often favors fight over right.
|
|
The cornerstone of American legal jurisprudence in the field of media libel law literally has the Times' name on it.
|
|
Within the profession, he was perhaps best known as a medical ethicist, an exponent of what he called therapeutic jurisprudence.
|
|
Such a jurisprudence suggests that Justice Thomas's ideological story is less personal and psychological than it is historical and political.
|
|
Such a jurisprudence suggests that Justice Thomas's ideological story is less personal and psychological than it is historical and political.
|
|
Should Mr. Trump have the opportunity to replace a second member of the court, however, he could transform American jurisprudence.
|
|
With five liberals on the Court in the 1990s, the new anti-regulatory jurisprudence that conservatives launched with Lopez v.
|
|
Justice Scalia insisted that his religious beliefs played no role in his jurisprudence, and he was deeply offended by contrary suggestions.
|
|
Although, Dan, it&aposs interesting, because if you look at his First Amendment jurisprudence, for example, Kennedy was very, very strong.
|
|
What has received less attention is how much Scalia shaped and improved liberal jurisprudence by being an attentive and critical reader.
|
|
While Sharia is often defined as "Islamic law," there is no single book of jurisprudence followed by all 1.6 billion Muslims.
|
|
Democrats saying they wouldn't confirm Neil Gorsuch to the Supreme Court simply because they didn't like his jurisprudence was yet another.
|
|
Countries with a modern, well developed, and functioning jurisprudence can navigate their own way through the challenges of regulating internet access.
|
|
Exceptions for falsehoods are already part of our libel jurisprudence, but the worrisome nature of that comment lies in its vagueness.
|
|
The left is experiencing great angst at the moment over Justice Kennedy's resignation because they agreed with much of his jurisprudence.
|
|
After going to work for The Providence Journal, he decided that studying jurisprudence would improve his earning potential as a reporter.
|
|
A solid constitutionalist, Kavanaugh will join those on the Court who are deeply skeptical of its current (internationally extreme) abortion jurisprudence.
|
|
At times, that has included the wholesale fabrication of rights under a constitutional jurisprudence that could best be described as creative.
|
|
The Supreme Court's current Second Amendment jurisprudence allows all the gun regulation ideas that currently have any meaningful support in Congress.
|
|
An already very conservative jurisprudence will deepen and may broaden, encompassing areas that had long been resistant, such as abortion rights.
|
|
What's more, when they focus on getting along with conservative justices, liberal justices fail to develop a jurisprudence of their own.
|
|
This fragile system allows an untimely death or an early retirement to drastically change the direction of American jurisprudence for decades.
|
|
But I don't actually think that judges, for the most part, believe they are injecting their personal views into their jurisprudence.
|
|
" His originalist jurisprudence "has blazed a trail to liberty that future justices can follow" in the dismantlement of the "administrative state.
|
|
Access to safe and legal abortion is a right that has been enshrined in American jurisprudence for more than 40 years.
|
|
She said the court is encroaching on the very thing its jurisprudence seeks to avoid, which is create an international problem.
|
|
Mufti Muhammad Naeem, the head of Karachi's biggest religious seminary, said Islamic jurisprudence was clear about fasting during hot summer months.
|
|
Experienced court watchers knew, though, that Gorsuch's vote was in line with the jurisprudence of the late conservative Justice Antonin Scalia.
|
|
In reality, the jurisprudence of Judge Gorsuch reflects a jurist who crafts his decisions closely to the text of a statute.
|
|
There is no particular reason to think he would replicate his old boss's idiosyncratic jurisprudence, which included a mix of commitments.
|
|
"We believe Justice Kavanaugh will be sympathetic with our arguments, based on his prior jurisprudence and writings," Kamenar told VICE News.
|
|
Justice Kennedy's jurisprudence also reveals both his recognition and acceptance of messiness of our country, its laws, culture and political traditions.
|
|
Ross: The thing about being pro-life is that I've lived my entire adult life believing that the high court's jurisprudence has been a moral disaster for American life, which tends to breed a certain … detachment from the idea that there exists some ideal impartial nonpartisan style of jurisprudence that we can all rally around or even patriotically respect.
|
|
Whoever appoints Scalia's replacement, whether Obama or the next president, will be deciding the fate of American jurisprudence for years to come.
|
|
The biggest is that, based as it is right next to the ECJ in Luxembourg, it closely follows its bigger neighbour's jurisprudence.
|
|
Gorsuch has demonstrated he will go to extraordinary lengths to block women's access to basic reproductive health care, even under current jurisprudence.
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Unlike policy or legislation, these judges are lifetime appointees with the ability to influence all aspects of jurisprudence for decades to come.
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But they acknowledge this case also taps into a different side of his jurisprudence: an expansive view of the free speech rights.
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"His mercurial jurisprudence replicates and even gives the savor of legitimacy to a closely divided country," Dougherty wrote of the swing justice.
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" In Seo's view, Taft's opinion "shifted Fourth Amendment jurisprudence from a categorical analysis—is the automobile, as a category, public or private?
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" Revered for his contributions to First Amendment jurisprudence, Holmes nonetheless denigrated those whose views he would protect as "poor and puny anonymities.
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He argues that the country has been at war for 23 years, without any formal acknowledgment, and in contradiction of all jurisprudence.
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More deeply, Cohen never delivers a crisp blueprint of what an ideal jurisprudence as it relates to the poor might look like.
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He is senior fellow in Constitutional Jurisprudence at the Independence Institute in Denver, whose Education Policy Center sponsored the research mentioned here.
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In interpreting the reach of the protections of expression and religion, for example, the court's First Amendment jurisprudence has ebbed and flowed.
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The Korematsu decision occupies a curious place in the Supreme Court's jurisprudence, as a grave error that has never been formally disavowed.
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The Articles of Impeachment introduced by the House Judiciary Committee are not recognizable under any standard of Constitutional theory, interpretation, or jurisprudence.
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Judge Wald's path to becoming an important progressive voice in American jurisprudence showed the obstacles women faced in the mid-22013th century.
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Like Antonin Scalia, whom he would replace, Gorsuch is concerned with the literal interpretation of the Constitution, which makes his jurisprudence conservative.
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He described the high court's abortion jurisprudence as having "spiraled out of control" and urged the justices to take up the issue soon.
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It is possible to mark the flow of German history through intensely pursued and assiduously followed debates in Rechtswissenschaft, the study of jurisprudence.
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They are threatening to undo more than 20 years of internet law and jurisprudence that has protected speech and expression as never before.
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On this count, Donald Trump reassured the skeptical and helped shaped not the next 100 days, but the next generation of American jurisprudence.
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My hope is that we will be able to look back on this case as an early, first mover of a changing jurisprudence.
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Anthony T. Caso is clinical professor of law and director of the Claremont Institute's Constitutional Jurisprudence Clinic, Chapman University Fowler School of Law.
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American jurisprudence has always been predicated on identifying those directly involved in wrongdoing and punishing them directly, not their descendants 240 years later.
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That fact alone reflects just how conservative the jurisprudence of the nation's highest bench is likely to be in the years to come.
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Despite this jurisprudence, the Colorado Supreme Court in 2015 struck down the Choice Scholarship Program in large part because of Colorado's Blaine clause.
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The court took a lot of liberties when interpreting legal precedents and jurisprudence to make sure its rulings always went the government's way.
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Our Constitution, our laws, our treaty obligations and our jurisprudence all demand adherence to the law as the foundation for all government action.
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One, he is not subject to American jurisprudence because the crimes were committed abroad and he is no longer a United States citizen.
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United States, which was possibly, at least in terms of pure jurisprudence, the most important case argued before the court this past session.
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The new conservative jurisprudence may help some businesses in the short run but ultimately will undermine the legal structure in which they flourish.
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This does not mean that moral philosophy will now have to play a role it is not accustomed to playing in American jurisprudence.
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This statement is not a casual aside; it has been remarked upon by other learned scholars who are committed to meaningful American jurisprudence.
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At a time when the left is on the offensive in ideas and policies, political struggles are providing a compass for progressive jurisprudence.
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Based on some of this year's rulings, I expect that the most interesting divisions within the court will turn on First Amendment jurisprudence.
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These questions arise because the jurisprudence of the First Amendment was written for a different set of problems in a very different world.
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The resulting disqualification of a class of persons from the right to seek specific protection from the law is unprecedented in our jurisprudence.
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Now Kennedy might have to reconcile two strands of his jurisprudence: the dignity of same-sex couples and the respect for religious liberty.
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Despite Judge Burroughs' decision to uphold the Harvard admissions process, the U.S. Supreme Court's jurisprudence on affirmative action currently requires it to end.
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Because in a legal environment that relies so heavily on precedent the shadow of the retreat from Reconstruction still hangs over contemporary jurisprudence.
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Holding nominees accountable for their views about women's equality has had a major impact on the composition of the Court and its jurisprudence.
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The republic is now governed by diktats inspired by Sharia jurisprudence and Kadyrov's personal interpretation of adat , a traditional Chechen code of behavior.
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When those foundational immigration cases were decided, the court's jurisprudence on constitutional rights was undeveloped, as were the nation's social norms regarding discrimination.
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And cases that seemed outdated and disreputable but remained on the books have sometimes recurred in the court's jurisprudence, particularly after the Sept.
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"While I differed with Justice Scalia's views and jurisprudence, he was a brilliant, colorful, and outspoken member of the Supreme Court," he said.
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I think, if you want to describe Kennedy&aposs jurisprudence, one way to do it would be that he a kind of jurisprudence of personal liberty that is -- that led him to, for example, the social left on abortion rights and gay rights, but on free speech and gun rights and even property rights, led him to what we would call the right.
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This ultimately culminated in the Lochner-era jurisprudence that was discredited in the 1930s but that many conservative intellectuals are now trying to rehabilitate.
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Jessica González, a member of the jurisprudence committee and vice chair of the LGBTQ caucus in the House, co-authored the bill with Coleman.
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A former journalist, she flexed her interviewing skills in 2013 by sitting down with Justice Clarence Thomas for a talk to discuss his jurisprudence.
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"As the senior member of the Judiciary Committee, I will fight to keep jurisprudence as the sole focus of our confirmation hearings," he writes.
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The excessive market concentration and corporate power we see today resulted not only from conservative jurisprudence and lax antitrust enforcement, but also excessive deregulation.
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His adviser was John Finnis, a hugely influential conservative Catholic legal philosopher who is a prominent defender of a "natural law" approach to jurisprudence.
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Monday's ruling is "extremely significant for building jurisprudence on the right to housing," Shivani Chaudhry, executive director of HLRN, told the Thomson Reuters Foundation.
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At the same time, the Warren Court continued its strengthened establishment clause jurisprudence that was quite adamant about the separation of church and state.
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Mr Posner reserves particular ire for the late Antonin Scalia, a "hyperconservative" justice he lambasted for his originalist jurisprudence and for neglecting his health.
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Brian Fitzpatrick of Vanderbilt Law, who researches federal courts, told Bloomberg BNA that Thapar was "very Scalia-like and Thomas-like" in his jurisprudence.
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Putting aside whether his jurisprudence was good for the country – and I do not believe it was – we must admit that Scalia was pugilistic.
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We have years of scholarship, theorizing, and amicus briefs, and a "jurisprudence in exile" of minority dissents that could easily turn into majority opinions.
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The remedy for this is to advocate for a broader, historically informed jurisprudence that harks back to the values and goals of Brown v.
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This conception of Rome's strengths—administration, governance, jurisprudence, war—in relation to Greece's will be familiar to anyone who's taken a World Civ course.
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Its jurisprudence, they acknowledge, is complex and often contradictory, but on the whole they see a clear, even dramatic, shift from the preceding era.
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For my part, I continue to celebrate Ginsburg's jurisprudence, though I believe her public comments are a violation of legal ethics and wise tradition.
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Robert G. Natelson is Professor of Law (ret.), The University of Montana, and Senior Fellow in Constitutional Jurisprudence at the Independence Institute in Denver.
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These cases have been widely rejected, leaving the lead paint case before the Supreme Court as the leader in this deep pocket jurisprudence trend.
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Jeff Leach (R) stopped House Bill 896 from moving through the Judiciary and Civil Jurisprudence Committee, which he chairs, according to The Texas Tribune.
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Throughout this week, prominent pundit-lawyers and right-of-center journalists have mourned Sullivan's fate as though American jurisprudence itself had been critically wounded.
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FRANCIS ELLIOTT Pineville, La. To the Editor: Orrin G. Hatch's description of Antonin Scalia as "a model of careful jurisprudence" is tough to swallow.
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This would increase (even beyond the high point at which it already finds itself) the influence of Chief Justice Roberts over the Court's jurisprudence.
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"In the late 1980s and early 90s, it's was clearly outrageous that there wasn't clear jurisprudence that rape was a war crime," says Durham.
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First Amendment jurisprudence has long recognized an ability to limit the "place, time, and manner" in which the right to free speech is exercised.
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Personal dignity and liberty are constant themes in Kennedy's jurisprudence as well as the limitation of federal power over the sovereignty of the states.
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This jurisprudence appeals to many people in a populist era that distrusts experts, chafes at bureaucracy, fears change and longs for a simpler past.
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Murrill appeared unprepared for predictable questions, made tone-deaf arguments, and even argued with Ginsburg about the history of the Supreme Court's feminist jurisprudence.
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This is the corpus of Islamic jurisprudence that was written down and shaped after the death of the Prophet Muhammad in the seventh century.
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Christopher Darden thinks the O.J. Simpson glove demo was one of the greatest moves in the history of jurisprudence ... the question -- greatest for who?
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But, where appropriate, our courts will continue to look at the ECB's judgments, as they do for the appropriate jurisprudence of other countries' courts.
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"If the organization could, we would dismiss you if you did it the first time, but the jurisprudence will not support that," he said.
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Islamic scholars expanded jurisprudence based on debatable reports about the words and deeds of the Prophet, as well as the norms of their time.
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The judge, a reliable conservative, could potentially change the course of American jurisprudence for decades to come — fulfilling a campaign promise of the president's.
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"The Articles of Impeachment introduced by the House Judiciary Committee are not recognizable under any standard of Constitutional theory, interpretation or jurisprudence," Trump writes.
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King Henry II ruled for 35 years and laid the foundation for English common law, which still underpins jurisprudence in the English-speaking world.
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The case also spotlights the tension that Chief Justice John Roberts faces as he balances his conservative jurisprudence with institutional concerns at the court.
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Another graduate student at Berkeley, a mother of two who is studying jurisprudence and social policy, would see her federal taxes increase by $1,20103.
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Saudi religious education is still based on the Wahhabi heritage and judges follow the Hanbali jurisprudence, the foundation of Wahhabi literal interpretations of Islam.
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"Jurisprudence and regulations say there is a question of proportionality between the seriousness of the offense and the importance to public interest," Bourdon said.
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Among the various police tactics of subjugation, by the 1970s, only the drug war toolkit survived challenges of civil rights jurisprudence and police professionalization.
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One is that in the United States jurisprudence, we go after a crime and the person who committed is incidental, we go after the crime.
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So it's Guantanamo jurisprudence, if you like that term, that has now begun to affect the authority of the president, even in the immigration context.
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A: The Quran is pretty explicit in its condemnation of the act, and we have a long tradition of jurisprudence that defines it as unlawful.
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The court's jurisprudence has been listing rightward for decades, and some Republicans made no bones about viewing the court as an instrument of political power.
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The Supreme Court decision reinforces the anti-commandeering jurisprudence of the 10th Amendment, which was dormant from the New Deal era to the mid-1990s.
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They would have been able to rule on their own, and transform jurisprudence on everything from redistricting to solitary confinement to campaign finance to abortion.
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She has already opted to depart from her reputation as a moderate by endorsing a man who is on the right fringe of American jurisprudence.
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With the announced retirement of Justice Kennedy, long the swing vote in a polarized court, American jurisprudence is on the cusp of a radical change.
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Already, there are indications that subsequent court jurisprudence on patent eligibility and the rate at which patents are being invalidated may mitigate these two challenges.
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For close watchers of the Supreme Court's free speech jurisprudence, the majority's treatment of the FACT Act's regulation of licensed professionals is of particular import.
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"The human rights system doesn't have an army, but what we know is many national courts follow that jurisprudence in their own rulings," Gilmore said.
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But it has enormous consequences, because under current Supreme Court jurisprudence, all federal employees who exercise "significant authority" are "officers" subject to Appointments Clause requirements.
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Following an era of unchecked judicial activism, he became a model of careful jurisprudence, reinvigorating an originalist interpretation of the Constitution for a new generation.
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To his defenders, that's the point: it has no bearing on whether or not he assaulted Christine Blasey Ford, and it doesn't undermine his jurisprudence.
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Madison—the landmark 1803 case that delineated the Court's power to interpret the Constitution, and which is woven into almost every aspect of American jurisprudence.
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His jurisprudence contained an idiosyncratic mix of commitments, but they were fixed and strong, and they yielded vigorous opinions, very often speaking for the majority.
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A progressive jurisprudence would strike down policies like family separation and require a decent, intelligible and transparent process to decide on the rights of noncitizens.
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The work now is to define a jurisprudence of economic citizenship, strong democracy and inclusive justice that will help a resurgent left reclaim the Constitution.
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Now, as he approaches the end of his first full term on the bench, a more robust view of his jurisprudence is about to emerge.
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Robert G. Natelson taught as a law professor at the University of Montana, and is now senior fellow in constitutional jurisprudence at the Independence Institute.
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If this situation stands — and there's no expectation it won't — it could shake the court system and the integrity of American jurisprudence to its core.
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And two, I contest the jurisprudence which requires a woman to file a complaint with the police or institute legal proceedings to prove her credibility.
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Attached to Clinton's candidacy are the futures of Supreme Court jurisprudence, European and Asian security, the health of American pluralism, and the rule of law.
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Her background informed her jurisprudence, which was sensitive to states' rights and often deferred to the judgments of the other branches of the federal government.
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If the court hands down similar rulings in four more similar cases, it would create jurisprudence that would force changes in the current prohibitionary laws.
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At a time when people across the ideological spectrum have concerns about the stability and rule of law, Gorsuch's jurisprudence may come as a welcome relief.
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The opinion sends a strong signal that Thomas might vote against precedent in other cases, even if the opinion is deeply engrained in the court's jurisprudence.
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The decision by McConnell to alter Senate precedent to confirm Gorsuch fundamentally changed American jurisprudence for a generation and potentially presented Trump with his greatest legacy.
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We need to develop jurisprudence so that we can develop a body of law that protects the privacy of Americans in the information and digital age.
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But his jurisprudence puts a premium on the value of human dignity and takes strong issue with government acts that disparage people based on their identity.
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But Schumer was critical, saying Kavanaugh "refused to answer even the most basic questions about his jurisprudence and his judicial philosophy" in a 90-minute meeting.
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As he faces hot button issues, court watchers and his colleagues will scour his opinions and comments from the bench for any clues to his jurisprudence.
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STATUS: The bill was referred to the House Judiciary and Civil Jurisprudence Committee in July but didn't progress further during the special session, which ended Tuesday.
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He wrote, however, not in the ringing moral language of liberalism militant, but in the cautious tones of jurisprudence, carefully preserving what had gone before him.
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He brought to his long work none of the nastiness that marks the jurisprudence of Thomas or Alito or the sanctimony that Gorsuch's nascent portfolio suggests.
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In addition, at the national level, the Indian Supreme Court has well-established human rights jurisprudence that mandates magisterial inquiries into encounter killings and custodial deaths.
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Greeted by a standing ovation, Gorsuch delivered a rousing tribute to the conservative jurisprudence of the man whose seat he filled: the late Justice Antonin Scalia.
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" Thanks to her work on getting better jurisprudence around wartime sexual violence, Durham, in her own words, "discovered the Geneva Conventions and just fell in love.
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Last year he created the Islamic Jurisprudence Center, whose street address turns out to be a mailbox at the UPS Store near his home in Clarksburg.
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My father, a respected authority on Islamic jurisprudence, lived most of his life outside of Egypt but was affiliated with a progressive, moderate vision of Islamism.
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"The court's jurisprudence, I am concerned, sets the balance too heavily in favor of police unaccountability to the detriment of Fourth Amendment protection," Justice Ginsburg wrote.
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But even if a small fraction of the changes detailed above had been incorporated into a new, more liberal Court's jurisprudence, the consequences could've been momentous.
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Jeffrey Pojanowski, professor of law at the University of Notre Dame Law School, teaches and writes in the areas of administrative law, jurisprudence, legal interpretation and torts.
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Chief Justice Roberts' campaign finance jurisprudence offers a road map for striking down the North Carolina and Maryland partisan gerrymanders as a violation of the First Amendment.
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Mr Grimm's appeal puts the next frontier of equality jurisprudence on centre stage a year and a half after same-sex couples gained the right to marry.
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Some might level a second criticism: given that IS, in particular, seems more concerned with the theatre of gore than with Islamic jurisprudence, does jihadist ideology matter?
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Before 1990, the Warren Court [during which Earl Warren served as chief justice] had developed a jurisprudence of religious freedom that was quite protective of religious minorities.
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In jurisprudence as well as home repair, it can be handy to have more than one tool, so long as they all work toward the same end.
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Noonan had been a director of the National Right To Life Committee, and so, for obvious reasons, liberals were concerned about Noonan's likely jurisprudence on reproductive rights.
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Rob Natelson is senior fellow in constitutional jurisprudence and heads up the Article V Information Center at the Independence Institute, a free-market think tank in Denver.
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For the occupiers, this territorial stranglehold unjustly restricts grazing, mining, logging and hunting; moreover, according to their quirky jurisprudence, it is unconstitutional (courts have tended to disagree).
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Over the course of 90 minutes, Trump demonstrated a near-complete lack of knowledge of the state of Second Amendment jurisprudence (or any critical aspect of governance).
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Under existing First Amendment jurisprudence, that means privacy laws must be structured to accomplish their important purpose in a way that is the least restrictive of speech.
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"This is not the same proposal as the Reagan administration made, and not the same set of issues of same jurisprudence from 35 years ago," Coleman said.
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Under these circumstances, treating the pensions as "senior secured debt" would represent a sharp departure from existing bankruptcy jurisprudence in cases where the debtor is a company.
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Rob Natelson is senior fellow in constitutional jurisprudence and heads up the Article V Information Center at the Independence Institute, a free market think tank in Denver.
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The town drunk was outside of congressional jurisdiction, according to the jurisprudence of the time; to think otherwise was contrary to the plain meaning of the Constitution.
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The "Islamic Jurisprudence Center" website he set up last year has condemned American mosques as un-Islamic and declared that homosexual acts should be punished by death.
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Bill Clinton and Barack Obama did not nominate jurists who had left paper trails of judicial extremism or dropped other hints that their jurisprudence would be radical.
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But the libertarian campaign finance law the Court has developed fails in the broader project vital to First Amendment jurisprudence: the sensitive accommodation of competing constitutional values.
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Selon les prescriptions de la jurisprudence islamique, sauf exception rare, la femme n'a droit qu'à la moitié de l'héritage qui reviendrait à un homme à sa place.
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Dolus eventualis is a part of jurisprudence in South Africa, where I live—most famously applied in the criminal case of the Paralympian star runner Oscar Pistorius.
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Advocates see this new "Earth jurisprudence" as a skeleton key to unlock a shift away from the endless pursuit of economic growth, regardless of the ecological consequences.
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This potentially radical shift in jurisprudence makes it essential for the Senate to ask specifically about Judge Kavanaugh's view on whether the fetus is a constitutional person.
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The jurisprudence of choice in personal and public life will be argued as a binding constitutional principle in these cases as well as the same-sex cases.
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" The secret key to understanding Thomas, Robin writes, is race: "Thomas is a black nationalist whose conservative jurisprudence rotates around an axis of black interests and concerns.
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Last year, Neil Gorsuch delivered a memorial tribute to Scalia, in which he said that the Justice's greatest contribution to jurisprudence was his commitment to historical inquiry.
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Should the court decide the case on the merits, its ruling could transform Second Amendment jurisprudence, said Irv Gornstein, the executive director of Georgetown's Supreme Court Institute.
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Stephon Clark is not only a casualty of this particular shooting, but he is also a casualty of American moral paucity, race-hostile policies and corrosive jurisprudence.
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Those rulings, which initially drew scant attention outside the cloistered legal world, upended decades of jurisprudence that had been put in place to protect workers and consumers.
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The Islamists built on Mr. Khomeini's sermons, particularly a radical concept known as Vilayat-e Faqih, which extended religious jurisprudence to allow direct clerical rule of society.
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Rob Natelson is senior fellow in constitutional jurisprudence and heads up the Article V Information Center at the Independence Institute, a free market think tank in Denver.
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This is bolstered by First Amendment jurisprudence that encourages a myopia that holds expressive freedom in the news realm to be the exclusive property of professional journalists.
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I do think it&aposs my job on the Judiciary Committee respecting Judge Kavanaugh&aposs credentials to better understand his jurisprudence and to understand whether he is in fact in the conservative mainstream, or is that one end of it, and would change our Constitution and our jurisprudence in this country that would affect millions of American lives and undo long settled guarantees of freedoms, rights and liberties.
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But the deeper story is more complicated, and it has as much to do with the place of free speech in American culture as it does American jurisprudence.
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He was also the founding editor of a quarterly legal philosophy publication called the Journal Jurisprudence and is an honorary consul of the Republic of Moldova in Australia.
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" Not so, he answered: "This argument seems weak, however, given the deeply rooted history and tradition of this country's jurisprudence that the President is not above the law.
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"Any democracy has to consider reform — not punishment — the ultimate goal of criminal jurisprudence, even for a death row convict," criminal defense attorney Rebecca John told BuzzFeed News.
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Today's judgement might look like a careful, Solomonic piece of jurisprudence designed to take the sting out of a contentious issue by steering a course down the middle.
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They question why there is so little attention to Thomas' overall jurisprudence and so much time spent analyzing why he chooses to remain largely silent during oral arguments.
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A court system developed by law firm Latham & Watkins and labeled "independent" would have judges reporting directly to the king, and operating under Shariah law, or Islamic jurisprudence.
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Uber Technologies Inc said in a statement that it will file an appeal before the nation's top labor court, saying there was "solid jurisprudence" to support its case.
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"We have seen that instead of getting jurisprudence, we get vengeance at a political level and even at a legal level and this is a problem," he said.
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Philip Bobbitt is a professor of federal jurisprudence at Columbia Law School, former associate counsel to President Jimmy Carter, and co-author of Impeachment: A Handbook, New Edition.
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Democrats would do well to focus not just on legitimate concerns about personal conduct but also the specific impact Kavanaugh's conservative jurisprudence will have on women's legal rights.
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But however the justice vote in Carpenter, the implications for Fourth Amendment jurisprudence—and for the relationship between new technology and constitutional understandings of privacy—will be profound.
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Practically speaking, the Court's affirmative action jurisprudence has warped the national conversation about race, downplaying the importance of race-based disadvantage and exaggerating the importance of cultural difference.
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Pick Your Battles Jill Lepore, in her piece on Justice Ruth Bader Ginsburg, discusses Ginsburg's role in developing the jurisprudence of women's rights and refers to Struck v.
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He also made an important rhetorical shift, one that tracked closely with his second great political crusade: enabling the slow but implacable death march of right-wing jurisprudence.
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They would have to find common ground in a nominee who could appeal to both sides, someone who is qualified by a record of objective and balanced jurisprudence.
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"The fact he stuck so closely to the chief is probably the most notable feature of his jurisprudence," said Nicole Saharsky, a lawyer who practices before the court.
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Under Mexican law, if four cases related to November's are decided at the supreme court by similar majorities, and go in favor of reformists, it would create jurisprudence.
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Recent jurisprudence suggests that the role of equity is limited in use, being confined to equitable considerations within the law as observed in Barbados/Trinidad and Tobago (2008).
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But no one would argue that, because English common law remains a feature of American jurisprudence, it therefore follows that British monarchy forms the basis of American society.
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Linda Greenhouse Contributing Opinion Writer We can't be sure what the substitution of Judge Brett Kavanaugh for Justice Anthony M. Kennedy means for the Supreme Court's abortion jurisprudence.
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I think jurisprudence and other judicial renderings will take long after this," he said, but added that talk of a drawn-out court battle was a "false narrative.
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Abdel Rahman was an esteemed scholar of Islamic jurisprudence before becoming spiritual leader of Al-Gama'a al-Islamiyya, a violent offshoot of Egypt's Muslim Brotherhood, during the 1970s.
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This body of law is interpreted by senior clerics, who serve as judges, largely following the Hanbali School, the strictest of the four main schools of Sunni jurisprudence.
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Liesbeth Zegveld, Ziada's lawyer, dismissed defense attorney Dieben's claim of immunity, citing jurisprudence in past Dutch criminal cases that successfully applied universal jurisdiction in Ethiopia, Afghanistan and Suriname.
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The case, one of the most closely watched of the term, will give the court an opportunity to clarify its famously confused jurisprudence on government entanglement with religion.
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That's where, in 2015, appellate judges urged the nation's highest court to revisit existing abortion jurisprudence, and turn matters over to the states, as conservatives have long dreamed.
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It would also get rid of language that requires the state's existing "fetal personhood" law to comply with the US Constitution and other Supreme Court jurisprudence like Roe v.
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As you pointed out, Kennedy has been a very important in propelling jurisprudence in lots of different areas of the law and that&aposs what this process should examine.
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In Moore v Texas, announced on March 28th, the justices have told the Lone Star state that its resistance to medical science has no place in death-penalty jurisprudence.
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So much harm has been done in the recent past by strong expressions of religious antipathy that local jurisprudence tends to err on the side of muzzling perceived extremism.
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So, again, robust enforcement decisions that get upheld by jurisprudence are sorely needed to define and set down firm red-lines about how people's data can be respectfully handled.
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The anti-commandeering jurisprudence prohibits Congress from telling the states how to govern or legislate or spend their tax dollars in any governmental areas not delegated to the Congress.
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Her approach to the law has been described as cautious, though she has been influential in shaping jurisprudence in cases involving gender discrimination, women's reproductive health and international law.
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But Scalia's personal warmth should not preclude considering to what extent his jurisprudence and his famously acerbic tone may have contributed to the polarized national conversation about the court.
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Thomas, for one, has openly compared abortion to eugenics; he has declared that "our abortion jurisprudence has spiraled out of control" and that the undue-burden standard is unconstitutional.
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"As the law is nothing else but the box where our living together takes shape, it was unthinkable that jurisprudence did not take reality into account," Mr. Buccini wrote.
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You see, Kavanaugh was nominated by a president I support, and he seemed to share my beliefs in jurisprudence, judicial restraint and original intent as codified in the Constitution.
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In 1985, Attorney General Edwin Meese called for a "jurisprudence of original intent," where judges interpret the founding document as its drafters intended, to counter the court's perceived liberalism.
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"While I differed with Justice Scalia's views and jurisprudence, he was a brilliant, colorful and outspoken member of the Supreme Court," the Vermont senator said in a brief statement.
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In fact, there's only one way to make sense of the NCAA's seemingly random internal jurisprudence—the association has a soft spot for schools that submit to its authority.
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Liberal constitutional lawyers will continue to debate Justice Scalia many years after his death, because when it comes to jurisprudence, he was the most transformative jurist of our generation.
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He has pushed to weed out poorly trained judges and to raise the pay of those with formal legal training, which often includes a heavy dose of Western jurisprudence.
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"There is an unstated assumption deep in the DNA of criminal justice jurisprudence that the world divides into two categories, and there are victims and offenders," Mr. Western said.
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Since then, there has not been much development in the jurisprudence regarding executive or corporate liability in modern international criminal law, but the trend is to do just that.
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They draw their authority not from some celestial being or from centuries of jurisprudence, but from the willingness of participants and observers of that game to abide by them.
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Rob Natelson is a retired constitutional law professor and a senior fellow in constitutional jurisprudence at Colorado's Independence Institute; the Illinois-based Heartland Institute; and the Montana Policy Institute.
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Grassley's office responds that he's made hundreds of thousands of documents available, and that Kavanaugh has issued more than 300 opinions that offer the best view of his jurisprudence.
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Still, deft costuming and a fully game Karl Urban dispensing murderous jurisprudence from behind Dredd's mirrorshades helmet kept the movie more authentically Dreddful than, like, Sylvester Stallone's 1995 version.
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In this isolated incident, "economic" citizenship did not stand in his way, but no jurisprudence exists to determine how Comoran "expatriates" will be treated by foreign countries and courts.
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Anything less would be unjust—a final affront to the families of Seau and so many others, and a high-priced mockery of both medical science and American jurisprudence.
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Apart from adhering to an isolated branch of Islam in a country overwhelmingly dominated by the Maliki school of jurisprudence, Libyan Ibadis are mostly Amazigh, also known as Berbers.
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GIGOT: Kim, so what are the emerging arguments that are going to be -- we will hear about his jurisprudence and the arguments used against him to try to defeat him?
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Wade as an exam Kerry, there a lot of folks who look at jurisprudence on the left and the right and say that the right found there in Roe v.
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So without the chance of one of the president's sometimes seemingly random picks of someone he met at work, Democrats will be forced to fight on the grounds of jurisprudence.
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Kavanaugh is a decorated judge, they say, and his law review article proposing a law exempting presidents from prosecution will not affect his jurisprudence given that Congress ignored his plea.
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Regarding the law enforcement and national security part, the WP 29 has questions relating in particular to the latest developments of US law and jurisprudence in the field of privacy.
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A recent ruling has updated EU jurisprudence on judicial independence and it is considering an Irish judge's refusal to extradite a suspect to Poland over concerns about fair trials there.
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In addition to providing sufficient resources and staffing, Clinton "believes we should encourage building up jurisprudence that supports strong enforcement," hinting at challenging monopolies in court rather than brokering settlements.
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President Barack Obama is suddenly searching for a new Supreme Court justice after the death of conservative icon Antonin Scalia left a rare vacancy at the pinnacle of U.S. jurisprudence.
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Austin Sarat is a professor of jurisprudence and political science at Amherst College and author of The Death Penalty on the Ballot: American Democracy and the Fate of Capital Punishment.
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While I am certainly a legal liberal by standards of Supreme Court jurisprudence, my standard is not whether Roberts or the court majority agree with me on every major issue.
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In doing so, Gorsuch was continuing the jurisprudence of Justice Antonin Scalia, who also sided with liberals when it came to the vagueness of statutes used to convict criminal defendants.
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Rob Natelson a former constitutional law professor, serves as a senior fellow in constitutional jurisprudence at The Heartland Institute think tank and heads the Article V Information Center in Denver.
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While it is natural to celebrate Scalia's career and impact on American jurisprudence, we should not lose sight of those times when he challenged some of the right's fundamental commitments.
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It may have seemed wrong for the F.B.I. to listen in on his conversations without a warrant, but it was hard, under existing jurisprudence, to explain why it was unconstitutional.
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This approach has epitomized the Court's recent voting rights jurisprudence, from upholding Indiana's voter ID law in 2008 to gutting a major provision of the Voting Rights Act in 2013.
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At a panel discussion held in December, Meg Canby argued for "a more child-centered jurisprudence" than the Brooke decision had provided for—something closer to a de-facto rule.
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You can't get state- or local-level management of abortion, immigration, same-sex marriage, or Social Security without radical changes to federal statutes and, in many cases, to constitutional jurisprudence.
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"At an event hosted by the conservative Federalist Society, Justice Stras talked about how the jurisprudence of Justice Scalia helped to shape his own views," Franken said in his statement.
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Plaintiffs' lawyers hope the efforts will signal a turning point in European jurisprudence, opening up a clearer path for aggrieved customers to join forces across borders to sue big corporations.
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The most interesting aspect of Gorsuch's jurisprudence is his view of agencies — a view that would produce an immediate change on the Court as a deviation from Scalia's voting record.
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The modern conservative jurisprudence is an exercise in nostalgia, a yearning for pre-New Deal America when, supposedly, government was less oppressive and people were freer than they are today.
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Some neuroethicists argue that the potential for misuse of these technologies is so great that we need revamped human rights laws — a new "jurisprudence of the mind" — to protect us.
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The true crisis in our patent system is the dire state of Section 6900 jurisprudence, the area of law determining what is and what is not eligible for patent protection.
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Brennan was not prepared to challenge that tradition, but he did offer what amounted to a new definition of obscenity, thus unintentionally initiating the almost total unravelling of obscenity jurisprudence.
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A paradigmatic example is U.S. Supreme Court Justice Clarence Thomas, who long ago became a favorite target of vilification in the black community thanks to his conservative politics and jurisprudence.
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Robert Menendez's (D-NJ) acquittal shows, under current Supreme Court jurisprudence you need to demonstrate an incredibly clear and literal quid pro quo in order to win a bribery case.
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The basis for much of American jurisprudence and legislation about sex offenders was rooted in an offhand and unsupported statement in a mass-market magazine, not a peer-reviewed journal.
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It contradicted 200 years' worth of jurisprudence saying that the Second Amendment did not place "any limit on either federal or state authority to enact gun-control legislation," Stevens wrote.
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We know very little about Sanders's jurisprudence, or whether it differs from Clinton's presumed preference for nominating more Supreme Court justices in the liberal mold of Elena Kagan and Sonia Sotomayor.
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John Eastman, a constitutional scholar and director of Chapman University's Center for Constitutional Jurisprudence, told "Axios on HBO" that the Constitution has been misapplied over the past 40 or so years.
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As Gorsuch notes, the intention/foresight distinction that is at the heart of the doctrine of double effect also seems to buttress much jurisprudence concerned with crime, torts, and legal liability.
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Trusting plaintiffs when they say their religious views are threatened is a staple of Supreme Court jurisprudence: the justices are not interested in the fraught task of second-guessing people's beliefs.
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Ginsburg is the most senior member of the court's liberal wing and has been instrumental in shaping the court's jurisprudence around matters of gender discrimination and women's rights, among other areas.
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As for his jurisprudence, I do not think that the only correct way to interpret the Constitution is to interpret its words (text) as, supposedly, our 18th century framers understood them.
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"I can't accept it because in juridical terms, in classic world jurisprudence, there is the presumption of innocence as long as the case is open, and he has appealed," Francis said.
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This set jurisprudence and effectively already means that any couple anywhere in Mexico could take a refusal to marry them to a federal court and get an order in their favor.
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Sandusky's conviction was "one of the most profound injustices in the history of American jurisprudence," Lindsay wrote in a statement, saying he would bring the case to the Pennsylvania Supreme Court.
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Average Americans who live their daily lives without much contemplation of jurisprudence must think it odd to hear judges praised for demonstrating simple respect for the actual intent of the Constitution.
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The uncertainty caused by the Supreme Court's recent jurisprudence has now become so significant that prominent leaders in the patent community are now calling for a legislative fix as a solution.
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After Robert Bork's nomination was defeated, in 1987, largely on the basis of his extreme jurisprudence, Ronald Reagan 's next choice, Douglas Ginsburg, withdrew after reports of his marijuana use emerged.
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" Speaking ill of a public figure, the prevailing jurisprudence added, "has a direct tendency to breed in the people a dislike of their governors and incline them to faction and sedition.
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Oliver L. Brown, who stood in for his daughter Linda, a third grader, on the legal papers — instead of Briggs wind up being immortalized as a benchmark in civil rights jurisprudence?
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The gravity of this matter has clearly eluded Donald Trump, who has cast aside the Constitution and decades of jurisprudence by suggesting both ethnic and religious litmus tests for federal judges.
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" After his unexpected death last month, many remembered Scalia for his intellect, jurisprudence and original reading of the Constitution, but Thomas said, "there was so much more to this good man.
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Professor Winkler has identified a secret parallel universe of civil rights whose beneficiaries are not the "discrete and insular minorities" whose protection were once the focus of the Supreme Court's jurisprudence.
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But the chief justice's strong public defense of the court's integrity has had the effect of camouflaging a subtle, long-game strategy to tilt the court's jurisprudence decidedly to the right.
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Rodriguez, was a devastating, even fatal, blow to an evolving school of liberal jurisprudence that saw education as a fundamental right and poverty as a status deserving of special constitutional protection.
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Not only is that false, but a lack of brightline jurisprudence does not render a term in the Constitution so malleable that the Democrats can fashion a political weapon of it.
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In 1889, a group of black community leaders in Baltimore calling themselves the Brotherhood of Liberty published "Justice and Jurisprudence," the first sustained critique of Supreme Court rulings construing the amendments.
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Dr. John Eastman is the Henry Salvatori Professor of Law & Community Service at Chapman University's Fowler School of Law, and the founding director of the Claremont Institute's Center for Constitutional Jurisprudence.
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Rob Natelson is a constitutional historian and former constitutional law professor, serves as a senior fellow in constitutional jurisprudence at The Independence Institute, the Montana Policy Institute, and The Heartland Institute.
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Yes. A bedrock principle of U.S. jurisprudence is that the First Amendment allows for hate speech, including that which denigrates people on the basis of their race, gender or sexual orientation.
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Jurisprudence matters too, and advocates and researchers should prepare carefully for legal battles to come — and work hard to ensure that the Supreme Court has a full compliment of nine members.
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Not only are such actions premature and short-sighted, but they also reveal the disdain these governments and union leaderships have for American jurisprudence and the workers they claim to represent.
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"I feel regret whenever I think of him because he was such a good student," said Sheikh Mahir Gustaham, who taught Mr. Kiram Islamic jurisprudence and considered him his favorite pupil.
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The Guardian Council, the vetting body that disqualified Mr. Khomeini, said Mr. Khomeini's level of religious jurisprudence could not be established because he had failed to participate in a test in December.
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But calling for a fundamental rethink of our Fourth Amendment jurisprudence not to be tied to 50-year-old precedent about the reasonable expectation of privacy, which, after all, is judge made.
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What they're saying: John Eastman, a constitutional scholar and director of Chapman University's Center for Constitutional Jurisprudence, told Axios that the Constitution has been misapplied over the past 40 or so years.
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"But, since we are walking a very fine line here in terms of jurisprudence, they will most likely prefer the safest option, excluding Mr Miller from all business-related dealings," he said.
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Scalia brought to the court a concept of jurisprudence based on the belief that judges should keep out of issues better handled by democratically accountable institutions such as Congress and state legislatures.
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Donald Trump is the product of a deeply unhealthy political system, created by decades of conservative jurisprudence by the Supreme Court that has slowly and steadily morphed our democracy into a plutocracy.
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That case was the seed that reversed decades of jurisprudence, turned the Founders' conception of free speech on its head and, more than thirty years later, germinated the infamous Citizens United decision.
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In the nineteen-eighties, when liberals dominated both the federal bench and the Supreme Court, Reagan's attorney general, Edwin Meese, was determined to rid the courts of liberal justices and liberal jurisprudence.
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"There is repeated jurisprudence that a dismissed case can be reopened if there is new evidence," Juan José Ávila, one of the lawyers for the victims' fathers, said in a telephone interview.
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There would be five conservative votes to overturn it, and to establish a new era of conservative jurisprudence in a variety of domains, from campaign finance to business regulation to prison sentencing.
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In diaspora, jurisprudence is a crucial tool: a way for rabbis to try to make sense of new experiences and edge cases that the five books of Torah didn't cover or anticipate.
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This could very easily be the typical DC song and dance of pretending not to believe what he clearly believes on key questions of jurisprudence, but it appears to be a concern.
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And while Justices Neil Gorsuch and Clarence Thomas were silent throughout Wednesday's argument, both are considered firmly opposed to the Supreme Court's abortion jurisprudence and highly likely to uphold the Louisiana law.
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As the gap between originalism and the greater goals of conservative jurisprudence widens, however, the claim that the Supreme Court stands above the political fray, already damaged, will become harder to sustain.
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Much like Justice Kennedy, they are swing votes — not in a court case, but in a coming confirmation battle that will shape the Supreme Court, and American jurisprudence, for generations to come.
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Echoes of Jim Crow jurisprudence continue to the present day, and even with attempts to reform the criminal justice system, injustices plague the poor and people of color, who are disproportionately incarcerated.
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However, jurisprudence has not evolved sufficiently to take on this challenge to world order by holding corporations and their executives criminally liable internationally in the short term — but that time is coming.
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The two examples above illustrate the point: Under the court's modern jurisprudence, advocacy of a thoroughly discredited political ideology receives more constitutional protection than commercial information about a thoroughly proven lifesaving drug.
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For anyone who, like myself, is schooled in the antitrust jurisprudence of Judge Robert Bork, that merger is far more troubling and without major changes should not be allowed to go forward.
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The pro-Kavanaugh side typically defends traditional western jurisprudence by which an accused is accorded due process protections, such as the presumption of innocence; the burden of proof is on the accuser.
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Instead, he chose Neil Gorsuch, a very conservative judge from the federal Court of Appeals for the 10th Circuit whose jurisprudence and writing style are often compared to those of Justice Scalia.
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Justice Scalia's death has given Mr. Obama a tantalizing opportunity to reshape the Supreme Court, but cementing a lasting legacy on American jurisprudence will present a familiar challenge: breaking the will of Republicans.
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The early consensus on Supreme Court nominee Merrick Garland is in, and it's that Garland is a moderate: A former prosecutor, careful in his jurisprudence, and beloved by conservative Utah Senator Orrin Hatch.
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That said, Kavanaugh would almost certainly fall to the right of Anthony Kennedy as a Supreme Court justice, and enable a rightward shift in the Court's jurisprudence for years or decades to come.
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"The legislation for withdrawing us from the EU ... leaves very unclear what the relationship subsequently between European Court of Justice decisions and jurisprudence and our own courts should be," he told BBC radio.
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The courts have treated primaries themselves as public, but jurisprudence around political parties has otherwise treated parties as private organizations, whose expressive purpose and freedom of association are protected by the First Amendment.
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She's also become a culture hero for progressives — lovingly nicknamed the "Notorious RBG" — thanks both to her Supreme Court jurisprudence and her early career as a pioneering advocate for gender equality in law.
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"The jurisprudence reflect, not surprisingly, a jurist who crafts his decisions very close to the text of a statute, and, in my view, that is no vice for a federal judge," he said.
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Reversing decades of jurisprudence and the evolution of a societal consensus about the privacy rights of patients and families at the end of life, Judge Gorsuch seems to equate killing versus letting die.
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In his peroration, he drops the veil of legalism to lament the emergence of the modern liberal jurisprudence of constitutional rights, embodied in a footnote to a 1938 case called United States v.
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But if we are going to take the extraordinary step of removing a duly-elected president from office, we must adhere to the Constitution and hundreds of years of jurisprudence as our guideposts.
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Democratic attorneys have tried to use that to their advantage when filing lawsuits by focusing on procedural violations under the Administrative Procedures Act, a dry area of jurisprudence that governs agency rule-making.
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" In a concurring opinion, Judge Joel Dubina wrote that he wanted to put "on record" his agreement with Justice Clarence Thomas that the Supreme Court's abortion jurisprudence "has no basis in the Constitution.
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In combination with a 2014 Supreme Court ruling that established sweeping protections for transgender people, India is now a world leader in jurisprudence protecting the rights of gay men, lesbians and transgender people.
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While Justice Scalia was best known for his originalism and textualism, the most distinctively conservative feature of his jurisprudence was to accord great weight in adjudication to longstanding customs and traditional social practices.
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Albert Rosenblatt, a former judge on the New York Court of Appeals, wrote about Professor Hershkowitz's work in a book he co-edited, "Opening Statements: Law and Jurisprudence in Dutch New York" (2013).
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Robert G. Natelson is a retired constitutional law professor, senior fellow in constitutional jurisprudence at the nonprofit Independence and Heartland Institutes and author of a major scholarly article on the Constitution's taxation power.
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They say he has failed to distance himself from President Trump's attacks on judges, that he cannot be trusted to rein in executive power and that his jurisprudence is skewed toward business interests.
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"If President-elect Trump can put a different face on the Supreme Court and the Courts of Appeals he could substantially change the course of federal jurisprudence," said Russell Wheeler of the Brookings Institution.
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The conservatives on the court right now are people who have spent their entire adult professional lives being trained in a particular interpretation of American constitutional jurisprudence—they're committed ideologues, that's why they're chosen.
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Earlier in the term, he issued a stunning opinion suggesting it was time for the Court to revisit a First Amendment precedent that some believe is a crown jewel of the Supreme Court's jurisprudence.
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Conservatives have a robust theory of the jurisprudence of plutocracy and a well-developed and well-financed infrastructure to help them reliably identify judges who will reliably rule in the ways that they want.
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Jihadist websites and other sources suggest he was born in Diyala or Samarra in 1971 and went to the Islamic University in Baghdad, where he studied Islamic culture and jurisprudence to a Ph.D. level.
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The state court drew inspiration from Supreme Court jurisprudence in Miller v Alabama, a 2012 case that banned mandatory life sentences without parole for defendants who committed their crimes before reaching their 18th birthday.
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But Carnes, an appointee of President George H.W. Bush, opened his opinion by noting criticism of Supreme Court abortion jurisprudence from Justice Clarence Thomas, late Justice Antonin Scalia and retired Justice Sandra Day O'Connor.
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All eyes will be trained on the court's most recent addition, the 49-year-old Gorsuch, to see how he interacts with his new colleagues and to try to glean clues about his jurisprudence.
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First, the awful lot: Judge Kavanaugh would shift the balance of constitutional jurisprudence to the right, creating a solid right-wing majority on the court possibly until the second half of the 21st century.
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There is something almost discordant about including Justice Thomas in a discussion of "the future" because his highly personal and eccentric jurisprudence would take the court and the Constitution hurtling backward into the past.
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That body of jurisprudence, guided by the ideology of the free marketplace of ideas, dictates near absolute protection for all forms of expression, including knowing lies and the vilest statements of prejudice and bigotry.
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Through the sheer force of his intellect and his legendary wit, this giant of American jurisprudence almost singlehandedly revived an approach to constitutional interpretation that prioritized the text and original meaning of the Constitution.
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For those who have been living on Pluto — or serving in Congress — the phrases "Anglo-American heritage" and "Anglo-American legal system" are standard ways of referring to the jurisprudence America inherited from England.
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"Unfortunately, a jurisprudence has emerged at the Supreme Court that dramatically narrowed the definition of corruption in the criminal law, limiting how the public through juries can hold its elected officials accountable," Whitehouse wrote.
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Trump turned Sessions — with all his backward views on gays, drugs and criminal justice — into an unlikely hero for lawmakers from both parties who began hailing him as a crown jewel of American jurisprudence.
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He pleaded for a "fair process" at a potentially pivotal moment for a nomination that could change the path of American jurisprudence and deliver conservatives of a long-dreamed of majority on the court.
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