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7 Jul 2022, 11:26 am
Turning to the terms of the FTC Act, modern statutory interpretation takes a far different approach than the court in National Petroleum Refiners, which discounted the significance of Section 5’s enumeration of adjudication as the means for restraining UMC and UDAP, reasoning that Section 5(b) did not use limiting language and that Section 6(g) provides a source of substantive rulemaking authority. [read post]
7 Jul 2022, 5:01 am
Justice Samuel Alito filed a dissent on procedure and the merits, joined by Justices Neil Gorsuch and Clarence Thomas. [read post]
3 Jul 2022, 3:06 pm
In their view, this essentially converts the "may" in Section 1225(b)(2)(A) into a "must. [read post]
3 Jul 2022, 7:15 am
B. [read post]
1 Jul 2022, 9:05 am
Robert G. [read post]
30 Jun 2022, 10:13 am
Indeed, Roberts observed, every presidential administration has interpreted Section 1225(b)(2)(C) as discretionary. [read post]
30 Jun 2022, 9:25 am
Justice Alito wrote a dissent joined by Justices Thomas and Gorsuch. [read post]
29 Jun 2022, 11:24 pm
(b) Congress’ power to build and maintain the Armed Forces fits PennEast’s test, as the Constitution’s text, its history, and this Court’s precedents show. [read post]
28 Jun 2022, 5:58 am
L. 107–347, §208(b), is one mechanism for ensuring, at least in certain contexts, that the U.S. [read post]
27 Jun 2022, 11:30 am
APCC Services, Inc. (2008) (Roberts, C. [read post]
27 Jun 2022, 8:37 am
She was joined by Justices Clarence Thomas, Stephen Breyer, Sonia Sotomayor, and Amy Coney Barrett. [read post]
26 Jun 2022, 12:28 am
The below-left photo was taken shortly after the home was built in 1900; the below-right photo, which reflects a more mature landscape, was taken in the early 1930s (approximately two years before Guthrie’s death): Source: left photo, “‘Meudon’ in B&W,” Old Long Island, July 6, 2009; right photo, “‘Meudon’ Aerial,” Old Long Island, Oct 9, 2012 [click on to enlarge]. [read post]
24 Jun 2022, 9:10 pm
(b) Having made the constitutional standard endorsed in Heller more explicit, the Court applies that standard to New York’s proper-cause requirement. [read post]
24 Jun 2022, 9:10 pm
(b) Having made the constitutional standard endorsed in Heller more explicit, the Court applies that standard to New York’s proper-cause requirement. [read post]
24 Jun 2022, 6:30 am
Sanford Levinson This post was prepared for a roundtable on Law, Literature, and Other Performing Arts, convened as part of LevinsonFest 2022. [read post]
23 Jun 2022, 4:21 pm
§ 2244(b). [read post]
23 Jun 2022, 12:27 pm
[b.] [read post]
21 Jun 2022, 8:39 am
Here are excerpts from Chief Justice Roberts' majority opinion, joined by Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett: [A.] [read post]
17 Jun 2022, 2:09 pm
In addition to the law professors, Peter B. [read post]
14 Jun 2022, 3:13 pm
Because the interpretation Kemp pressed was not “well-settled” when 60(b)(1) was drafted, Thomas reasoned that it should not govern the meaning of 60(b)(1) today. [read post]
