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And we believed that under Chevron or Christensen, when the foreign-policy impact of immigration law was added as a separate source of judicial deference, we were justified in exercising the judicial restraint that marked our opinion.
The Elana Kagan nomination has focused attention on the current Harvard/Yale monopoly power over the source of judicial nominees for the U.S. Supreme Court.
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The majority's opinion was particularly heartening for its forthright acknowledgment that there are other sources of judicial inspiration beyond the country's founders.
This much the majority implicitly concedes, since history and text, traditional sources of judicial argument, merit only a footnote in the Court's opinion.
My point here isn't to debate the merits of either voter-ID or capital punishment for child rape, but rather to ponder the intriguing questions common to both cases: what are the sources of judicial knowledge?
The duty to consider the case arises from the permission to file, and therefore prima facie implies that it is of such a character as to be an exception to the rule of procedure that other available sources of judicial power may not be passed by for the purpose of obtaining relief by resort to the original jurisdiction of this court.
As such, the right to draw upon such sources, free of judicial intimidation, is essential to providing proper checks on our government," Landrieu said in a press release.
In fact, arguments about the proper sources for judicial interpretation go back to the earliest days of the Supreme Court.
So the argument from law-making, when distinct from arguments from replicability and equality, is an argument for the power to overrule, rather than an argument for stare decisis itself.[16] In conclusion, both equality and replicability provide arguments in favour of judicial decisions constituting sources of law.
ROME (Reuters) - Former Italian prime minister Silvio Berlusconi was ordered on Thursday to stand trial on charge of judicial corruption, a legal source said.
Cooper has inspired a torrent of criticism from august scholars over the years, who regard it as the source of a pernicious but widely-held view of judicial authority, termed "judicial supremacy".
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Justyna Jupowicz-Kozak
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