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3 Jul 2022, 7:15 am by Guest Author
And once a question is major, you need to show a super-clear textual grant of authority or you lose. [read post]
1 Jul 2022, 1:18 pm by Jonathan H. Adler
Moreover, Congress often delegates to agencies the authority to make such judgments. [read post]
30 Jun 2022, 4:00 am by Michael C. Dorf
Those cases provide the Justices with an opportunity to further tear the fabric of American law, perhaps by eliminating Chevron deference to administrative agencies, perhaps by reviving the non-delegation doctrine, or perhaps by so inflating the major questions doctrine as to effectively kneecap the administrative state without formally acknowledging as much. [read post]
24 Jun 2022, 4:00 am by Jim Sedor
National/Federal 2022 Primary Results: Alabama Senate runoff, D.C. and Virginia primaries CBS News – Fin Gómez and Aaron Navarro | Published: 6/21/2022 Virginia and the District of Columbia held primaries on June 21 and Georgia also held runoff elections, but perhaps the most closely watched race was the Alabama Republican U.S. [read post]
21 Jun 2022, 5:01 am by Steve Bunnell
Futurists and philosophers have long been imagining worlds in which super-powerful machines and computers dominate economics, politics, and society, and what that could mean for collective and individual humanity. [read post]
24 May 2022, 4:00 am by Eric Segall
"The non-delegation doctrine is all the rage today among many originalists. [read post]
21 Apr 2022, 9:01 pm by Michael C. Dorf
The Court frankly acknowledged a legitimate role for politics: “an agency to which Congress has delegated policymaking responsibilities may, within the limits of that delegation, properly rely upon the incumbent administration’s views of wise policy to inform its judgments. [read post]
13 Apr 2022, 3:42 pm by Greg Lambert and Marlene Gebauer
For those of us who went to law school, a large percentage probably assumed we’d graduate, take the bar, and practice law. [read post]
11 Apr 2022, 5:07 am by Emma Snell
The delegation met with Polish Prime Minister Mateusz Morawiecki, the Polish defense minister and the U.S. ambassador to Poland, McCarthy’s office said in a statement. [read post]
6 Apr 2022, 3:17 pm by Bryan P. Sears
” Democrats, however, who make up a super majority of the chamber carried the day for a bill that ... [read post]
24 Mar 2022, 6:01 am by Joshua Braver
Feldman writes that this was a compromise precisely because northern delegates to the convention viewed slavery as a “deep moral wrong. [read post]
24 Feb 2022, 11:35 am by Farrah Nagrampa
Spraggins was appointed by President Clinton as the director of the Securities Investor Protection Corporation and she also served as a Super Delegate for New York in President Obama’s 2008 presidential election. [read post]
9 Feb 2022, 11:42 am by Greg Lambert and Marlene Gebauer
On Valentine’s Day, the ABA house of delegates will vote on whether to require accredited law schools to provide students with at least two opportunities for bias training, once in the beginning of studies, and once before they done the tam, hood and gown. [read post]
26 Jan 2022, 9:01 pm by Michael C. Dorf
That principle is under assault now from the conservative super-majority of the Court that appears determined to rein in the power of Congress to delegate important decisions to agencies and thus, not coincidentally, to hamstring regulation in the public interest.Nothing so perfectly encapsulates the Court’s rejection of Justice Breyer’s commitments as a sentence in the recent decision invalidating the Biden administration’s rule requiring vaccinations (or testing… [read post]
26 Jan 2022, 2:31 pm by Ilya Somin
To fix the problem, he recommended the establishment of a kind of super-agency of experts, whose task would be to regulate the other regulators. [read post]
23 Jan 2022, 9:01 pm by Austin Sarat and Dennis Aftergut
” The Congressional Research Service explains that “Congress delegates rulemaking authority to agencies [because] agencies have a significant amount of expertise and can ‘fill in’ technical details of programs that Congress created in statute. [read post]
12 Jan 2022, 8:17 pm by Greg Lambert and Marlene Gebauer
Greg Lambert  4:58 Well, and I think probably in this is anecdotal, but I would say when they do need it, it’s super important. [read post]
13 Nov 2021, 9:37 am by Shawn Dominy
  Dominy is the past president of the Ohio Association of Criminal Defense Lawyers and Ohio’s state delegate to the National College for DUI Defense. [read post]