Given the Supreme Court’s shift from a strict scrutiny standard to an “undue burden” standard in Planned Parenthood v. Casey, this article advocates for application of the standard in a way that is deferential to state legislatures. The author finds a number of problems with the holding in Casey for which it seeks judicial and legislative action: the undue burden standard is vague; it is unclea...

What limits do judges have when creating specialty courts such as Veterans Treatment Courts (“VTCs”)? Many states have virtually no limits. I argue that states should enact legislation authorizing the creation of VTCs to maintain democratic legitimacy and ensure that the judiciary respects the separation of powers doctrine. VTCs represent an innovative and courageous approach to treat and rehab...

Conventional academic discourse, within both law and political science tells the story of how the European Court of Justice, though its judgments and judicial practices has ‘constitutionalised’ the EC Treaty, reformatting an intergovernmental bargain into a federal legal order. Many accounts have presented the Court as the heroic champion of integration, pushing the integrationist agenda forwar...

On July 31, 2008, the Constitutional Court of Colombia (the Court) handed down a decision (T-760/2008) that ordered a dramatic restructuring of the country’s health system [1]. The judgment came as the culmination of a wave of litigation to enforce the right to health, with tens of thousands of health rights cases before the Colombian courts each year [2]. Since 1992, the Court has staunchly up...

The traditional view that inter-branch judicial independence is a necessary condition for high levels of foreign direct investment is flawed because it neglects to consider the significance of the autonomy of judges from societal actors as a distinct factor. Separating these two aspects of judicial independence and then interacting them produces four “judicial regime types”: the Liberal, Partis...

The development of the rules on liability for damage caused by objects thrown from a height has gone through long process, and 1 January 2021 Civil Code came into force, amending content height. "The introduction responsibility property service enterprises public security organs played positive role in identifying real infringers distributing social burden fair reasonable manner. At same time, ...