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12 Oct 2021, 7:16 pm by Jonathan H. Adler
"58 As the authors explained: "Our analysis suggests that it is not the act of listing itself that matters, but rather high levels of expenditures for recovery combined with listing. [read post]
12 Oct 2021, 5:47 am by Jonathan H. Adler
If one is inclined to think this is a problem (and I do) then it should be a problem without regard for the subject matter. [read post]
6 Oct 2021, 5:51 am by Jonathan H. Adler
Court of Appeals for the Second Circuit, the Blue States obtained about the most favorable draw possible (Judges Sack, Chin and Lohier), but no matter. [read post]
28 Sep 2021, 6:54 am by Jonathan H. Adler
The clerk's office in each court often maintains a list of each judge's investments and checks for conflicts before assigning cases, but this is an imperfect check, as the study indicates, and does not prevent the serious appearance problem created by judicial decisions on matters related to a judge's investments. [read post]
22 Sep 2021, 2:51 pm by Jonathan H. Adler
With that said, I join in the dismissal of this matter as moot and the vacatur of the panel opinions. [read post]
21 Sep 2021, 10:40 am by Jonathan H. Adler
By comparison, British Columbia adopted and imposed its carbon tax system in a matter of months. [read post]
21 Sep 2021, 6:06 am by Jonathan H. Adler
The senator also explained his interpretation of the limited role the Constitution gave to Congress and the vice president in counting electoral votes — an interpretation in conflict with the one outlined by Eastman, who argued Pence could be the "ultimate arbiter" and either name Trump the president-elect or send the matter to the House. [read post]
12 Sep 2021, 9:16 am by Jonathan H. Adler
As with the OHSA standard, the details matter, and we will know much more about the legal strengths and weaknesses once we see what CMS actually does and how it justifies its actions. [read post]
2 Sep 2021, 11:04 am by Jonathan H. Adler
So there was no indication that the pros and cons of rescinding DACA, as a matter of immigration policy, had been considered at all. [read post]
31 Aug 2021, 4:09 pm by Jonathan H. Adler
As in Regents, the fact that the agency action relied upon may have been arbitrary or unlawful does not matter. [read post]
31 Aug 2021, 7:22 am by Jonathan H. Adler
Yet now, we confront two advisory opinions that purport to dissent from the denial of the petition to rehear this matter en banc. [read post]
29 Aug 2021, 9:00 pm
“Looks like landlords are getting a free pass here,” noted Jonathan H. [read post]
25 Aug 2021, 3:27 pm by Jonathan H. Adler
This matter comes before the Court upon allegations that Plaintiffs' counsel did none of these things. [read post]
25 Aug 2021, 2:07 pm by Jonathan H. Adler
As a threshold matter, Judge Friedland noted that Justice Kennedy's concurring opinion in Rapanos v. [read post]
19 Aug 2021, 2:09 pm by Jonathan H. Adler
[Two professors have proposed using the CRA to authorize agency actions and avoid the filibuster. [read post]
13 Aug 2021, 12:31 pm by Jonathan H. Adler
Therefore, if an official resigns his or her public office at any point before conviction after trial in the Court for the Trial of Impeachments, the Court would lose its jurisdiction to rule in the matter, as it may only render a judgment that removes an official from office. [read post]
12 Aug 2021, 7:31 am by Jonathan H. Adler
Powell, for example, tried to argue that her allegations about Dominion voting machines were simply matters of opinion, and therefore could not be defamatory. [read post]