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15 Apr 2023, 10:36 am
Thus, as Thomas often does, he suggests this is an issue the Court should confront in a future case. [read post]
19 Sep 2022, 2:00 pm
The United States Government does not challenge that position. [read post]
15 Jul 2022, 4:36 pm
(Unfortunately, as I’ve written about elsewhere, although HIPAA doesn’t require that, state law often does, and HIPAA won’t shield providers who don’t want to comply with a state official’s investigative demand.) [read post]
24 Jan 2022, 6:30 am
It usefully contrasts practices in France, Germany and UK – all of which have long and deep experiences with public adminstration -- with those in the United States. [read post]
31 Dec 2021, 8:20 am
This does still leave the admittedly challenging issue of "guarantees," which Ruti Teitel and I addressed recently on this blog. [read post]
12 Nov 2021, 4:00 am
Here, the documentary evidence does not utterly refute the allegation that the termination of O'Riley's employment was not in compliance with law and lawful procedure and it does not show that she does not have a cause of action on this basis. [read post]
12 Nov 2021, 4:00 am
Here, the documentary evidence does not utterly refute the allegation that the termination of O'Riley's employment was not in compliance with law and lawful procedure and it does not show that she does not have a cause of action on this basis. [read post]
31 Aug 2021, 4:09 pm
As in Regents, the fact that the agency action relied upon may have been arbitrary or unlawful does not matter. [read post]
22 Aug 2021, 4:44 pm
Does the putative joint employer perform administrative functions related to employment, e.g. [read post]
3 May 2021, 7:27 am
Tormasi does not have the Adminstrator’s approval. [read post]
1 May 2020, 12:51 pm
[The latest in a long series of setbacks to the adminstration's efforts to pressure sanctuary jurisdictions by attaching conditions to federal grants.] [read post]
27 Apr 2020, 6:00 am
The construction cost increase from additional adminstrative burden alone could cause Owners to think twice before building anything. [read post]
29 Mar 2019, 1:49 pm
Professor Josh Blackman, author of two books about the legal conflicts and controversies surrounding the Affordable Care Act, Unprecedented and Unraveled, wrote in the Washington Post that the Adminstration’s change of heart diminishes the stature and credibility of the Justice Department Since the inception of the Affordable Care Act, President Barack Obama served as its legal guardian. [read post]
29 Mar 2019, 1:49 pm
Professor Josh Blackman, author of two books about the legal conflicts and controversies surrounding the Affordable Care Act, Unprecedented and Unraveled, wrote in the Washington Post that the Adminstration's change of heart diminishes the stature and credibility of the Justice Department Since the inception of the Affordable Care Act, President Barack Obama served as its legal guardian. [read post]
10 Mar 2019, 5:56 am
How about if you, NYT, don't attack him when he does walk away from a deal? [read post]
21 Feb 2019, 10:47 am
The AG’s office really, really does not want to issue individualized advisory guidance to companies. [read post]
21 Oct 2018, 5:54 am
They only need to say that's not what Title IX does. [read post]
6 Sep 2018, 8:44 pm
Inexplicably, the Justice Department did not raise standing and (according to the press reports above) it does not appear Judge O'Connor was particularly interested in them. [read post]
31 Jan 2018, 8:03 pm
Circuit granted the CFPB's petition in February, but then something interesting happened: The new adminstration decided it disagreed with the old. [read post]
18 Dec 2017, 6:37 pm
That an Adminstration eventually thinks better of potential nominees is not all that surprising. [read post]
