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Judicial Power

The Eleventh Amendment: Understanding Sovereign Immunity

Meta Description: Explore the Eleventh Amendment to the U.S. Constitution and the vital doctrine of state sovereign immunity. Learn its historical origins in the *Chisholm* case, its expansive modern scope under *Hans* and *Alden*, and the critical exceptions like the *Ex parte Young* doctrine that limit state protection against suits in federal court. The concept […]

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The Art of Legal Fiction: When Law Pretends to Be True

Meta Description: Explore the fascinating world of legal fictions—concepts the law treats as fact, even when untrue, to achieve equity, efficiency, or social justice. From corporate personhood to the ‘reasonable person’ standard, understand why these intentional falsehoods are essential scaffolding for the evolution of our legal system, and examine the sharp criticisms from legal philosophers

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The Desuetude Doctrine: When a Law Dies from Disuse

Understanding the Desuetude Doctrine and Obsolete Laws Meta Description: Explore the Desuetude doctrine, a legal principle where statutes become unenforceable due to long-term disuse. Learn its history, its rare application in common law jurisdictions like the U.S., and the fundamental conflict it poses with the separation of powers. Every legal system, regardless of its age

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Justiciability and Judicial Power in the US

A guide to the legal concept of justiciability, its core doctrines, and why it is a fundamental pillar of the US legal system. Understand the rules that determine which cases federal courts can hear and decide. Understanding Justiciability: The Foundation of Judicial Power In the complex world of the US legal system, not every dispute

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Controversy in Law: More Than Just a Dispute

Meta Description: Understand the legal meaning of ‘controversy’ in U.S. law, from the constitutional requirement for judicial review to its role in civil and criminal cases. This post clarifies key legal concepts for the general public. In everyday language, a “controversy” is a hot topic or a public debate. We see it in the news,

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