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Judicial deference

The furious response to a seemingly modest judicial reform reflects a broader dispute about the role of courts in a democracy. | Gili Yaari/Zuma Press/Newscom

Rule of law

Why Israelis Are Taking to the Streets

The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.

Jacob Sullum | 7.26.2023 12:01 AM

A 2007 debate provoked by Judge Richard Posner anticipated the current controversy over judicial power in Israel. | Abel Uribe/TNS/Newscom

Rule of law

A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel

The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.

Jacob Sullum | 7.10.2023 4:55 PM

Israeli Prime Minister Benjamin Netanyahu | Chris Emil JanßEn/Zuma Press/Newscom

Courts

In the Israeli Battle Over Judicial Review, Democracy Is the Problem, Not the Solution

Opponents of the reforms favored by Prime Minister Benjamin Netanyahu's coalition should acknowledge the threat posed by unconstrained majority rule.

Jacob Sullum | 3.16.2023 5:30 PM

Administrative Law

Ohio Supreme Court Rejects Deference to Agency Statutory Interpretations

A new opinion concludes Ohio courts need not defer to agency interpretations. The justices are not unanimous, but no justice writes in favor of deference.

Jonathan H. Adler |The Volokh Conspiracy | 12.29.2022 10:34 AM

featureimmunity | Barrett Boeker; WBRZ. District Attorney Samuel C. D’Aquilla; WBRZ. Priscilla Lefebure; courtesy of Rutherford Law

Criminal Justice

Absolute Immunity Puts Prosecutors Above the Law

By giving powerful law enforcement officials absolute immunity from civil liability, the Supreme Court leaves their victims with no recourse.

Billy Binion | 12.17.2022 6:00 AM

Voting With Your Feet

My New Article on "How Judicial Review Can Help Empower People to Vote with Their Feet"

The article challenges longstanding conventional wisdom claiming that judicial review of democratically enacted laws is at odds with popular political choice.

Ilya Somin |The Volokh Conspiracy | 1.13.2022 5:09 PM

Administrative Law

When Super Deference Is Not So Super

"Super Deference and Heightened Scrutiny" forthcoming in the Florida Law Review

Jonathan H. Adler |The Volokh Conspiracy | 4.21.2021 11:36 AM

Supreme-Court-building-Wikimedia | Wikimedia

Supreme Court

Does the Supreme Court Need Fixing? If So, Why and How?

Decisions that progressives don't like are not necessarily a sign that something has gone horribly wrong.

Jacob Sullum | 10.27.2020 6:05 PM

CoronavirusEpidemicDown | Ffikretow/Dreamstime.com

Coronavirus

My Jotwell Review of Lindsay Wiley and Steve Vladeck's "Coronavirus, Civil Liberties, and the Courts"

They argue that courts should engage in "normal," not specially deferential judicial review of coronavirus emergency measures.

Ilya Somin |The Volokh Conspiracy | 6.29.2020 1:38 PM

politicslaw | Al Drago/Bloomberg via Getty Images

Supreme Court

Kagan and Gorsuch Clash Over Judicial Deference to the Administrative State

Who will rein in the ever-expanding administrative state?

Damon Root | 10.24.2019 6:00 AM

zumaglobaleight125290 | Greg Lovett/ZUMA Press/Newscom

Supreme Court

John Paul Stevens Is Still Trying To Defend the Kelo Debacle

In his new memoir, the retired justice seeks to justify his awful eminent domain ruling.

Damon Root | 5.16.2019 1:25 PM

Volokh Conspiracy

What Constitutional Lawyers can Learn from Spiderman

Constitutional law could be improved by taking account of the principle that "with great power, comes great responsibility."

Ilya Somin |The Volokh Conspiracy | 11.16.2018 7:16 PM

Judiciary

What Do Judges Think of Chevron?

It appears that Justice Neil Gorsuch is far from the only one who questions the wisdom of Chevron deference and other findings from a new survey of federal judges.

Jonathan H. Adler |The Volokh Conspiracy | 3.11.2018 5:50 PM

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