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Advanced Search Results For "justiciability"

1 - 10 of 210 results for
 "justiciability"
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The Justiciability of Cancelled Patents.

Publication Type: Academic Journal

Source(s): Washington & Lee Law Review. 2022, Vol. 79 Issue 1, p253-333. 81p.

Authors:

Abstract: The recent expansion of the Patent Office's power to invalidate issued patents raises a coordination problem when there is concurrent litigation, particularly where the federal courts have already upheld the patent's validity. The Federal Circuit has c...

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Reconceptualising 'Justiciability': Crafting a Coherent Framework for Australia's Unique Constitutional Context.

Publication Type: Academic Journal

Source(s): Federal Law Review; Sep2022, Vol. 50 Issue 3, p371-403, 33p

Authors:

Abstract: Copyright of Federal Law Review is the property of Sage Publications Inc. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, downlo...

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Far from a "Moot" Issue: Addressing the Growing Problem of Lower Courts' Presumption of Governmental "Good Faith" in Voluntary Cessation Cases.

Publication Type: Academic Journal

Source(s): Iowa Law Review. Mar2021, Vol. 106 Issue 3, p1443-1476. 34p.

Abstract: The mootness doctrine is a constitutional justiciability principle which restricts the Court from ruling on issues that, due to the passage of time, do not have a present, live debate. However, since the mootness doctrine's inception, the Court has rep...

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Gerrymandering & Justiciability: The Political Question Doctrine After Rucho v. Common Cause.

Publication Type: Academic Journal

Source(s): Indiana Law Journal. Fall2020, Vol. 95 Issue 4, p1295-1364. 70p.

Abstract: In Rucho v. Common Cause, the Supreme Court held that partisan-gerrymandering claims present political questions beyond the jurisdiction of the federal courts. The decision marks the first time that a majority of the Court has used the political questi...

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TRANSATLANTIC PERSPECTIVES ON THE POLITICAL QUESTION DOCTRINE.

Publication Type: Academic Journal

Source(s): Virginia Law Review. Jun2020, Vol. 106 Issue 4, p107-130. 24p.

Abstract: On September 24, 2019, the Supreme Court of the United Kingdom (UKSC) unanimously invalidated U.K. Prime Minister Boris Johnson's attempt to suspend (or "prorogue") Parliament. The UKSC's decision, R (Miller) v. Prime Minister (Miller/Cherry), was a po...

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Gerrymandering Justiciability.

Publication Type: Academic Journal

Source(s): Georgetown Law Journal. Apr2020, Vol. 108 Issue 4, p981-1025. 45p.

Abstract: The article examines how the U.S. Supreme Court has gerrymandered its justiciability doctrines by allegedly performing a social function protecting the political power of white voters, as well as the court's decision in the case Rucho v. Common Cause.

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Recent Youth-Led and Rights-Based Climate Change Litigation in Canada: Reconciling Justiciability, Charter Claims and Procedural Choices.

Publication Type: Academic Journal

Source(s): Journal of Environmental Law; Mar2022, Vol. 34 Issue 1, p195-207, 13p

Abstract: Copyright of Journal of Environmental Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users ...

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The Promise and Challenges of New Actors and New Technologies in International Justice.

Publication Type: Academic Journal

Source(s): Journal of International Criminal Justice. Mar2021, Vol. 19 Issue 1, p9-34. 26p.

Abstract: This article addresses the role of new technologies in the international justice and accountability landscape, drawing from research we conducted into new United Nations (UN) accountability mechanisms that have the explicit mandate to collect, collate,...

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The Social State Principle at Play: Constitutional Case-Law on Social Matters

Publication Type: Academic Journal

Source(s): Journal of Constitutional Law, Vol 1-2, Iss Special Edition - The 1921 Constitution of the Democratic Republic of Georgia, Pp 149-172 (2021)

Authors:

Abstract: Social rights hold a distinct historic place in the Georgian constitutionalism. Chapter 13 of the 1921 Constitution of Georgia ‘socio-economic rights’ encompassed many progressive provisions such as norms on unemployment reduction, social assistance fo...

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