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29 Apr 2024, 8:14 pm by Kurt R. Karst
The Dems conclude by walking back their demand somewhat that DEA deschedule marijuana altogether by expressing hope only that “DEA will not make the unprecedented choice to disagree with HHS’s medical finding that a drug does not belong in Schedule I. [read post]
19 Apr 2024, 9:27 am by CFM Admin
The Court rejected several of Coinbase’s arguments about the application of Howey, noting that Howey does not recognize a distinction between tokens purchased directly from an issuer and those purchased on the secondary market. [read post]
18 Apr 2024, 9:01 pm by renholding
Here, I think we can draw from general principles of what I’ve called “proactive compliance. [read post]
16 Apr 2024, 4:27 pm by Eugene Volokh
Steve Vladeck (now at Texas), Michael Dorf (Cornell), and Marty Lederman (Georgetown). [* * *] I've been hearing some buzz about whether House Speaker John A. [read post]
12 Apr 2024, 4:05 pm by Lawrence Solum
In Part III, I focus on the limits of the right to exclude, making special reference to the famous necessity cases of Ploof v. [read post]
11 Apr 2024, 9:01 pm by Vikram David Amar
Right now, Nebraska (along with Maine) does not allocate presidential electors in a winner-take-all fashion. [read post]
29 Mar 2024, 7:28 pm
That does not suggest laissez faire in the style of Milton Friedman--it does suggest that public policy creates guard rails and expectations but does not drive micro-decision making. [read post]
27 Mar 2024, 3:39 pm by Guest Author
Yet, it does not justify an interpretation of the Constitution that tolerates let alone sustains corporate infringement of individual rights and encroachment on governmental powers. [read post]
20 Mar 2024, 11:24 am by Ronald Mann
Some of the justices (including Chief Justice John Roberts) would worry in that case about transgressing the bounds of Article III, though others (Justices Sonia Sotomayor and Neil Gorsuch) seemed to think there were easy ways to avoid that problem. [read post]
5 Mar 2024, 5:00 am by Bobby Stroup
The Finale Limitations Part III of the book takes the problems defined in Parts I and II and begins to apply tactical solutions. [read post]