Tag: United States Supreme Court
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After Chevron: The Constitutional Foundations of U.S. Administrative Law from a Comparative Latin American Perspective
–José Ignacio Hernández, Constitutional and Administrative Law Professor, Catholic University and Central University (Venezuela). Invited Professor, PUCMM (Dominican Republic), Castilla La Mancha and La Coruña (Spain), Senior Associate, Center for Strategical and International Studies. In the Loper Bright case[1], the Supreme Court overruled Chevron, stating that “Courts must exercise their independent judgment in deciding whether…
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The Increasingly Thankless Task of Judicial Deference: A Conservative Court Struggles with Audacity and Incompetence in the Trump Administration
—Andrea Scoseria Katz, NYU School of Law [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] If recent polls are anything to go by, U.S. President Donald Trump’s chances for reelection in November 2020 look increasingly imperiled.
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U.S. Supreme Court Justice Stephen Breyer on Foreign Law
—Richard Albert, Boston College Law School Yesterday at Yale Law School, U.S. Supreme Court Justice Stephen Breyer once again affirmed that foreign court judgments are relevant to the interpretation of the United States Constitution. About a decade ago, Justice Breyer debated Justice Antonin Scalia on the constitutional relevance of foreign court decisions.
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Orthodox in the Extreme: India’s Same-Sex Jurisprudence in Comparative Perspective
—Rehan Abeyratne (Jindal Global Law School) and Nilesh Sinha (Syracuse University) Last week, the Indian Supreme Court issued a controversial ruling in Koushal v. Naz Foundation. It upheld the constitutionality of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the order of nature.”
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The Liberty-Equality Debate: Comparing the Lawrence and Naz Foundation Rulings
Cross-posted with permission from the Oxford Human Rights Hub Blog. —Ajey Sangai, Research Associate, Jindal Global Law School Last month marked the 10-year anniversary of Lawrence v. Texas, where the United States Supreme Court ruled that laws that criminalized sodomy were unconstitutional.
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Differencing Same-Sex Marriage
–Russell Miller, Washington & Lee University School of Law, Co-Author, The Constitutional Jurisprudence of the Federal Republic of Germany (2012), Co-Editor-in-Chief, German Law Journal As a comparative lawyer it is tempting to see a once-in-a-generation convergence of American and German constitutional law on what many regard as the era’s foremost civil rights issue: same-sex marriage.