Search for: "Indefensible"
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27 Jul 2023, 8:56 am
As readers of this blog know well, the major questions doctrine (MQD) has become a staple of contemporary administrative law practice. [read post]
27 Jul 2023, 4:25 am
WaPo rounds up the reversals, including the latest from Giuliani on two Georgia election workers: In effect, Trump-aligned lawyers have now conceded as false: Their most-hyped, supposedly direct evidence of mass voter fraud (Freeman and Moss) The idea that… Continue reading The post “Giuliani declines to defend the indefensible. [read post]
18 Jul 2023, 7:32 am
As evidenced by these and other indefensible failures of basic fiscal management, our Delegation voted NO on the State Budget without hesitation in representing the interests of our constituents. [read post]
12 Jul 2023, 5:09 am
The lower court decisions were indefensible. [read post]
11 Jul 2023, 11:43 am
We can and should end legacy college admissions, but we should not deceive ourselves that this is more than the barest tip of an iceberg of skewed, largely indefensible criteria lurking just beneath the surface. [read post]
4 Jul 2023, 5:26 am
[N.B. [read post]
3 Jul 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Martin Loughlin’s new book Against Constitutionalism is extraordinarily rich and provocative. [read post]
30 Jun 2023, 4:31 pm
In a move that many admin scholars will appreciate, myself included, Barrett suggests that the MQD is probably indefensible as a substantive canon. [read post]
20 Jun 2023, 5:23 pm
This victory shows that these laws, when tested by evidence, are indefensible under any standard of constitutional review. [read post]
14 Jun 2023, 12:55 pm
While that may seem indefensible, it can sometimes be a pretty solid defense in a court of law. [read post]
14 Jun 2023, 1:24 am
Against that backdrop, the earliest closing date--if Microsoft is prepared to close over the CMA's objection--will be Monday, July 3, which means that two weeks would still be left under the existing merger agreement to find middle ground with the CMA, which presumably knows that its April 26 decision is indefensible on appeal. [read post]
13 Jun 2023, 5:17 pm
In defending what I would almost consider an indefensible client, they managed to get the death penalty removed as a sanction. [read post]
13 Jun 2023, 3:36 am
However, the Judge also indicates a preliminary view that most or all of the redactions are indefensible. [read post]
7 Jun 2023, 8:06 am
Mr Justice Smith authored an entire section "to explain why the SSPPU approach is, in [his] judgement, indefensible. [read post]
3 Jun 2023, 7:02 am
The assertion that Microsoft has a 70% market share in cloud gaming is so unbelievably indefensible that the CMA will look very bad if that ap [read post]
1 Jun 2023, 5:04 am
In her dissent, Justice Sotomayor called that requirement “legally indefensible” and nowhere supported by the earlier opinion cited by Alito. [read post]
26 May 2023, 1:33 pm
BY MARK JOSEPH STERN On Thursday, the Supreme Court dealt a devastating blow to the nation’s wetlands by rewriting a statute the court does not like to mean something it does not mean. [read post]
18 May 2023, 3:32 am
You don't want either of these visits, especially when your FLSA violation is indefensible. 2.) [read post]
17 May 2023, 4:30 am
Here is the abstract: In this Article I maintain that in recent years a broad, but unspoken, consensus has existed on the Supreme Court for deciding free speech cases with an almost insuperable presumption of unconstitutionality and that the result has been a system of freedom of expression that indefensibly and dangerously favors speech. [read post]
12 May 2023, 9:21 am
As dissenting Board Member Kaplan concluded, “[i]f the past is any guide, the Board will now protect employees who engage in a full range of indefensible misconduct, such as profane ad hominem attacks and threats to supervisors in the workplace, posting social media attacks against a manager and his family, shouting racist epithets at other employees, or carrying signs sexually harassing a particular employee. [read post]
