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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

Marisa Wright is a US National Correspondent for JURIST, and a 2L at Harvard Law School. . Instead, it refers more broadly to any individual or body that possesses some part of the power to make laws within a state — what the Court referred to as the ‘legislative power.’” Gore (2000), and Arizona State Legislature v.

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Collateral Estoppel Beats Precedent Every Time

Patently O

Another important feature of collateral estoppel is that it applies to both issues of fact and law. Although some courts have disagreed on this point, precedent is only binding for questions of law. In my view, Judge Alsup’s conclusion is wrong on the merits. California , 530 U.S. ” That appears to create waiver. .”

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Denials of review in five cases draw dissents from various justices

SCOTUSBlog

Natural Resources Defense Council , holding that courts should defer to a federal agency’s interpretation of the laws it administers if those laws are ambiguous. Arizona , the court denied a petition filed by a California man charged with blackmailing the married Arizona woman with whom he had been having an affair.

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

SCOTUSBlog

Court of Appeals for the 8th Circuit, and Bruce Babbitt of Arizona, then the secretary of the interior, before nominating Breyer – releasing the decision so quickly that Breyer did not have time to travel to Washington for the announcement. Carhart , in which the Supreme Court upheld a federal law banning so-called partial-birth abortions.

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