Recent content by Camikaze

Putting aside the fact that the rolling back of women's rights is not a curiosity in the slightest, it is curious to see how this has all played out from a foreign legalistic perspective. This decision puts abortion in the same legal position it is in here in Australia - a matter for the...

I survived a long lockdown with my sanity (relatively) intact and bought an apartment. What area of law?

The Easter holidays will be popular this year. With Anzac Day on Monday, 25 April, I can take 4 days off starting after Easter Monday and it'll turn into a 15-25 April break. The trick is to book it in before your colleagues.

This may be the end of France being the foreign country closest to a large proportion of Australians (including Sydney).

I suppose it probably stems from the common law's origins within a system of parliamentary sovereignty. The "rule of law" requires that Courts stay within their lane, which is an adjudicative lane rather than an inquisitorial one. While I suppose it is not beyond the capacity of SCOTUS to...

We're using 'remedy' in different senses here. I'm specifically talking about a legal remedy, which is a discrete judicial act chosen from the Article III toolbox. You're talking about a 'remedy' in the sense that time travel would be a remedy. It's not within the Court's power to grant. If we...

These two statements are in fundamental conflict. A case or controversy is defined by a remedy. A case without a remedy is an inquiry. The American judicial system is not inquisitorial. In this particular case, the petitioner is seeking a writ of certiorari. This is a writ which runs to a...

Congratulations are in order for five staff members who have been promoted to super moderator, and one retired moderator who has returned to their longstanding position. The five promoted moderators are Arakhor, bite, Gedemon, Lemon Merchant, and Noble Zarkon, with Birdjaguar returning...

Watching sports is absolutely better, for the simple reason that you can do it from the comfort of your couch. The last organised sport I played was a lunchtime soccer competition at work, which I found more enjoyable than I initially thought I would. But it was also so much bother. The...

SCOTUS can't just decree constitutional law in a vacuum. They must have a live "case or controversy". A "case" is not just a theoretical question which someone has thought up. It is an adversarial process in which there is an ongoing conflict in respect of which powers of actual effect can be...

It's a pretty fundamental constitutional principle that judicial power can only be exercised in relation to a "case or controversy" (or "matter" here in Australia). That means that SCOTUS doesn't have jurisdiction to issue advisory opinions. Doing so is beyond their capacity. They actually have...

Well Vietnamese coffee exists so I'm not sure this is entirely true (see similarly iced Milo in Malaysia).

This is particularly terrifying when combined with, say, Facebook's role in inciting the Rohingya genocide.

There was some scepticism early in the thread as to the reporting on this topic, by the New York Times are now reporting (amongst other publications) that the French government has decided to start an investigation into "Islamo-leftism" tendencies in academic research. But yeah, totes...

The treaty will often specify the enforcement mechanism for violation of one of its clauses, in much the same way that most commercial contracts will contain an arbitration clause. Alternatively, the enforcement mechanism may be set out by another treaty to which the parties have acceded (for...