In their efforts to restrain the administrative state, the Supreme Court's conservative Justices face a quandary: The source of administrative agencies' power - statutory delegations from Congress - ...is also responsible for much of the presidential authority over foreign affairs and national security that these Justices hold in high regard. Consider two delegations. One empowers the Environmental Protection Agency to set air quality standards at a level that is "requisite to protect the public health." Another authorizes the President to impose tariffs on imports that he determines "threaten to impair the national security." These delegations aren't easily distinguished by the amount of discretion they confer on the executive branch - ostensibly the main factor the Court considers in assessing a delegation's constitutionality under the nondelegation doctrine. Holding the first delegation unconstitutional would thus appear to require the same of the second. Undermining administrative power undermines presidential power - likely a bitter pill for the Court's conservative Justices to swallow
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Half a century ago, writing in this Review, Professor Jerome Cohen traced the "gradual abandonment" of the judicial-independence ideal in the early years of Chinese Communist Party rule. Despite this ...trend, Cohen suggested, China's leaders may in time "acquire a deeper appreciation of the virtues of functional specialization, professionalization, and judicial autonomy." A half century later, China's judicial reform record is mixed. While the country has made considerable strides in building a more competent and professional judiciary, statist and populist forces have also deeply shaped the trajectory of reform.
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What good is a prosecutor without police? On June 26, 2020, that question gained unexpected importance when the Minneapolis City Council unanimously approved a proposed amendment to the city's ...charter that would allow the city to dismantle its police department. The city's Charter Commission eventually rejected the proposal, but had it been enacted, the amendment would have broken with American cities' two-century-long approach to public safety and raised serious questions about the role prosecutors play in a city without police.
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Religious freedom is a fragile thing. Though "one of our most treasured and jealously guarded constitutional rights," in times of crisis it can sometimes seem "too extravagant to endure." The novel ...coronavirus (COVID-19) pandemic of 2020 proved to be such a crisis. In crafting restrictions to protect public health, many state and local governments placed religious organizations on equal footing with their secular peers. Others, however, did not, and religious believers disfavored under state policies were quick to bring constitutional challenges. Pointing to what they saw as analogous secular activities receiving more favorable treatment, challengers asked whether the First Amendment allowed states to favor shopping malls, casinos, or acupuncture facilities over worship services.
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On August 5, 2019, the Indian government revoked the autonomous status of Jammu and Kashmir by abrogating Articles 370 and 35A of the Indian Constitution. Although many saw Article 370 as largely ...symbolic, Article 35A of the Constitution had a practical function for preserving Kashmiri identity. Article 35A vested Kashmir's legislative assembly with the sole authority to define "permanent residents." Significantly, the local government was able to affix special privileges - such as the ability to purchase land - to permanent residents. The effect was that only Kashmiris could own property in a region that India has long claimed as its own. In revoking Article 35A, the Indian government unearthed a fear that Kashmiris had been wrestling with since Independence: that India would recruit non-Kashmiri settlers to dilute the region's ethnic and religious makeup.
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A search of the United States Patent and Trademark Office's (USPTO) trademark database reveals that in 2020, a single attorney named Elizabeth Yang filed over 8,000 proposed trademarks. This number ...is surprising in and of itself, but the proposed marks are perhaps even more unusual. In general, companies developing new trademarks seek marks that are clear and memorable, that suggest something about the goods with which they're associated. Indeed, trademark lawyers sometimes clash with marketing experts, who want marks so descriptive of the goods they sell as to be unprotectable under trademark law. But the marks filed by Yang include LJXOAIEU for hair clips, QIANDLEE for apparel, JANRSTIC for headphones, and AEZLHJYA for jewelry. These words are not close to any in English, and the applications make clear that they have no meaning in any other language either.
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How far must Congress go to foreclose a preexisting federal remedial scheme? A number of statutes and judicially crafted doctrines offer plaintiffs recourse for the violation of constitutional or ...statutory rights. Plaintiffs can enjoin unlawful acts or sue for damages, but Congress can presumptively shape or foreclose those remedies. When it explicitly prescribes remedies available to a plaintiff, its command controls. But if Congress fails to speak clearly, the inquiry proves thorny. When Congress creates alternative remedial schemes, courts purportedly attempt to read the tea leaves to divine whether it intended to foreclose other typical paths of relief. If that task sounds difficult, that's because it is.
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The President's pardon power is a near-blank check hidden among the Constitution's checks and balances. Despite substantial hand-wringing about possible abuses of the power, scholars have almost ...entirely overlooked the most potent tool in the President's pardon power arsenal: the ability to attach conditions to clemency grants (the "conditional pardon power"). As a subset of the general pardon power, the conditional pardon power is assumed to be similarly "unfettered," "plenary," or "unlimited." This cannot be correct.
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9.
Revitch v. DIRECTV, LLC Harvard Law Review
Harvard law review,
06/2021, Letnik:
134, Številka:
8
Journal Article
Recenzirano
Contract law - Federal Arbitration Act - Ninth Circuit refuses to enforce infinite arbitration agreement.
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10.
United States v. Jones Harvard Law Review
Harvard law review,
06/2021, Letnik:
134, Številka:
8
Journal Article
Recenzirano
Sentencing - appellate review - Seventh Circuit holds above-guidelines sentence was inadequately justified, but foreshadows same sentence on remand.
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