The Supreme Court and the courts of appeals have begun to expand federal jurisdiction and contract judicial discretion, although few have noticed. The new jurisdictional trend is worrisome because the Court has not acknowledged - much less explained - its change of direction. As a result, the ...
The recent Federal Circuit decision inPlatinum Optics v. Viavi Solutionsfocuses attention once again on the case-and-controversy requirement derived from Article III of the U.S. Constitution, which extends federal judicial power to "Cases" and "Controversies." The seemingly simple phrase has been t...
The Judicial Conference is the policy-making body for the federal court system and is chaired by the Chief Justice of the U.S. Supreme Court, John Roberts. Gov. Kevin Stitt, who wants the McGirt decision overturned, has called the ruling the greatest issue facing the state. “Governor Sti...
His ranking is based on the number of appointees at the start of the third-year August recess as a percentage of "authorized judgeships," or the total judicial seats created by Congress. Wheeler found that Trump has had 146 judges confirmed and seated (Trump said 148) and they ...
the absence of an independent judicial system at both levels, the lack of inclusive in national laws and institutions, the lack of an appropriate power-sharing formula, the reliance on personal relationships rather than institutional ones, and the lack of trust in the federal system among even th...
(A) trumps the SBA's rulemaking. The Court explained that the prior judicial decision in this case (Rotech v. United States, 71 Fed. Cl. 393 (2006)) indeed held that the language of the statute was unambiguous ("any" means any and all). As a result, the SBA's subseq...
6Hispanics (and other minorities) are significantly underrepresented in the judicial system (McConnell and Rasul, 2021); less than 7 percent of Federal judges serving between 2001 and 2017 were Hispanics, according to the data from the Federal Judicial Center. 3 the evidence provided by Benjamin ...
It’s a brave and strange new world out there, but fortunately we have the technology we need to conquer it and ensure that the wheels of justice can continue to turn. There will undoubtedly be bumps and bruises along the way, but our judicial system will adapt and, with a little help...
Since Bowker concedes that the magistrate judge could have found probable cause that he had the requisite intent, it was Bowker’s provision of a false name and/or his failure to identify himself – not an erroneous judicial determination about the victim’s recognition of his voice – that ...
Compassionate release is a judicial process governed by federal law, requiring court approval and specific qualifying reasons. It is essentially a sentence reduction for compassionate reasons. Federal compassionate release provides a safety valve in our justice system, allowing inmates to be released early...