The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab, or legal rule...
Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suitsbetween two or more statesand/or cases involving ambassadors and...
Generally, states that see a federal issue in a legal situation will refer that case to the proper jurisdiction, which saves the state time and money. While the supremacy clause has enjoyed a higher position of authority in the court’s interpretation in recent decades, it has not always ...
Legal scholars and activists have proposed a range of potential reforms. ButJustice Stephen Breyer, the most senior of the court's three liberals, warned in a recent speech that "structural change" to the court could erode public trust in the institution. Any reform plan would face daunting od...
The legal issues in the case are obscure: whereas the Supreme Court has ruled that states do have some regulatory authority over nuclear power, legal scholars say that Vermont case will offer a precedent-setting test of how far those powers extend. ...
On the heels of declining to hear appeals from several states that seek to overturn lower-court rulings upholding same-sex marriages, Supreme Court Justice Anthony Kennedy has temporarily blocked an appeals court ruling that declared gay marriage legal in Idaho and Nevada. U.S. Justice Kennedy te...
With a life term for Supreme Court justices, there is always the possibility that they will serve longer than they otherwise might, in order to maintain the status quo in approaches to highly charged political-legal issues, like abortion for instance. It is also argued that life tenure adversel...
aThe Supreme Court is at the apex of Ghana’s judiciary headed by the Chief Justice. The legal system is based on the English Common Law, where the courts are bound to develop the notions of fairness to the individual. The constitution also makes provision for continued recognition of traditio...
The article reports on the legal actions of the 5th Circuit Court of Appeals in the U.S. concerning the Kennedy v. Plan Administrator for DuPont Savings and Investment Plan case. It describes that the decision of the Supreme Court is unremarkable and that the court does not make such decisio...
this does not require specific type or font sizes, the disclosures must be large enough and clear enough that users both see and understand them. This means, according to the FTC, that disclosures cannot be buried behind vague links or in blocks of dense legal prose.” (Morrison & Foerster...