The law provides for judicial determination of the legality of detention.
"Those industry labels are not the equivalent of a judicial determination of obscenity," he said.
However, cases not requiring "judicial determination" may come before Article I courts.
Other cases, such as bankruptcy cases, have been held not to involve judicial determination, and may therefore go before Article I courts.
But George Washington University Hospital sought a judicial determination of its legal obligations.
Political questions lack "satisfactory criteria for a judicial determination."
Most Japanese do not share America's taste for precise judicial determinations of blame.
Detainees have a right to prompt judicial determination.
Such conflicts rarely lend themselves to judicial determination.
"I know they'll do the right thing once we have a definitive judicial determination."