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Law Needs A Balance Between Humanism And Formalism

Law 360

A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

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US dispatch: ‘independent state legislature’ theory raised by Moore v. Harper threatens US election administration

JURIST

On Wednesday, December 7, the US Supreme Court will hear oral arguments in a case involving a fringe legal idea called the independent state legislature theory that poses a threat to the current system of election administration in the United States. Marisa Wright is a US National Correspondent for JURIST, and a 2L at Harvard Law School. .

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Collateral Estoppel Beats Precedent Every Time

Patently O

This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom. Uniloc USA, Inc.

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Denials of review in five cases draw dissents from various justices

SCOTUSBlog

Share The Supreme Court on Monday issued orders from the justices’ private conference last week. After granting four petitions for review on Friday afternoon, the court – as expected – did not add any new cases to its docket for the 2022-23 term. A state appeals court ruled that Anthony had not received a fair trial.

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Stephen Breyer, pragmatic liberal, will retire at end of term

SCOTUSBlog

Share Justice Stephen Breyer, a devoted pragmatist and the senior member of the Supreme Court’s liberal wing, will retire from the court at the end of the 2021-22 term, NBC News reported on Wednesday. Court of Appeals for the 1st Circuit. appeals court judge named Ruth Bader Ginsburg to fill White’s seat.

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