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When I use the word "modality" in this post, I am simply referring to the general concept that includes both necessity and possibility in all their forms. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

[John Ross] Short Circuit: A Roundup of Recent Federal Court Decisions

16 Feb 2024, 12:30 pm by John Ross

Man: My offenses are no longer crimes of violence, so I'm due for some new sentences. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Marijuana: Top Ten Reasons for Descheduling, Rescheduling or Not

11 Feb 2024, 6:40 pm by Kurt R. Karst

HHS’ recommendation noted that marijuana “does not produce serious outcomes compared to drugs in Schedules I or II” and “the vast majority of individuals who use marijuana are doing so in a manner that does not lead to dangerous outcomes to themselves or others. [read post]

FDA Law Blog - https://www.thefdalawblog.com/

[Josh Blackman] Why Does The Phrase "Not Herein Otherwise Provided For" Appear In The Appointments Clause?

10 Feb 2024, 11:12 pm by Josh Blackman

Tillman and I discuss this history in depth in Part III of our series (pp. 387-390): The drafting history of the Appointments Clause is, admittedly, complex. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Protected Persons and the ‘Geographic Nexus’ Requirement in the DoD Law of War Manual

6 Feb 2024, 5:22 am by Eliav Lieblich

In particular, the requirement is drawn from the language of the titles of sections of GCIV which deal with Protected Persons: for instance, Part III, Section I of GCIV, addresses “Provisions Common to the Territories of the Parties to the Conflict and to Occupied Territories”; and Section II – which includes inter alia provisions relating to internees –is entitled “Aliens in the Territory of a Party to The Conflict. [read post]

Just Security - https://www.justsecurity.org/

Breaching A Prenuptial Agreement In Illinois

3 Feb 2024, 8:34 am by Russell Knight

John Heart Clinic, S.C., 225 Ill. 2d 52, 70 (2006) A material breach is a big breach. [read post]

Law Offices of Russell D. Knight - https://rdklegal.com/blog/

The Fulton County Disqualification Allegations: Myths, Facts and Unknowns

30 Jan 2024, 6:00 am by Norman L. Eisen

I. [read post]

Just Security - https://www.justsecurity.org/

[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution

27 Jan 2024, 7:54 pm by Josh Blackman

See John Randolph Tucker, General Amnesty, 126 N. [read post]

The Volokh Conspiracy - http://www.volokh.com/

What Do I Do When I Receive a Law Society Complaint?

22 Jan 2024, 4:00 am by Brooke MacKenzie

Don’t panic Receiving a Law Society complaint does not mean you are a bad lawyer. [read post]

Slaw - http://www.slaw.ca/

The Important Statutory Sections Ignored by the Parties in Loper Bright and Relentless, by John F. Duffy

17 Jan 2024, 5:04 am by Guest Author

In other words, the Department of Commerce does not have the sort of rulemaking power that the EPA was given in the Clean Air Act and that was expressly exercised in writing the regulations sustained in Chevron. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Chevron’s Possible Demise, Independent Agencies – and Justice Kagan, by Randolph J. May

10 Jan 2024, 2:12 pm by Guest Author

” As I was saying. . .at least I was in good company. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

[Eugene Volokh] New Univ. of Texas Law Class on "Understanding Conservative Legal Thought"

9 Jan 2024, 12:05 pm by Eugene Volokh

John F. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Surest Point of All the Law: Evolving Standards in State v. Lancaster

9 Jan 2024, 11:54 am by Joseph L. Hyde

I. [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/