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Imagine that instead of amending the statute in 2017, Congress in 2010 had specified ex ante that, beginning in 2017, the tax-penalty schedule would drop to $0 (say, because Congress predicted that by that year no tax incentive would be needed to encourage individuals to maintain coverage). [read post]
15 Oct 2020, 1:54 pm by Josh Blackman
President Lincoln never ignored an order from Chief Justice Taney in Ex Parte Merryman. [read post]
15 Oct 2020, 5:01 am by Shayan Karbassi
While at the time Pakistan hid its nuclear weapons intentions from Washington, today it too is a nuclear weapons state aided in part from an early jump-start that it received from the United States. [read post]
 This led the Commission to consider that the profits should have been allocated to the AOE and ASI Irish branches instead of to the head offices, which were not fiscally resident anywhere. [read post]
29 Sep 2020, 6:13 pm by Anna Salvatore, Benjamin Wittes
But the role is limited—to make sure the decision to dismiss is a considered decision of the executive branch as a whole, not as the rogue decision of one prosecutor. [read post]
8 Sep 2020, 3:49 am by SHG
Third, it consists of ex parte communication with the court. [read post]
3 Sep 2020, 7:10 am by Jonathan Shaub
” Griffith’s most recent opinion stands in direct contrast to the full court’s recognition that the possibility of judicial enforcement is a necessary part of congressional oversight authority. [read post]
30 Aug 2020, 7:31 am by Simon Lester
Moreover, Section 232’s ex ante grant of authority to conclude international agreements allows the president to work with U.S. allies on carbon tariffs, rather than antagonizing them through unilateral action. [read post]
28 Aug 2020, 3:00 am by Jim Sedor
But the law applies to executive branch employees who are involved in planning or executing any political events staged at the White House, including video segments filmed there, experts said. [read post]
25 Aug 2020, 6:17 pm by Robert Chesney
In the foreign sanctions setting, no ex ante notice is required (for the obvious reason that this might facilitate circumvention of the attempted sanctions). [read post]
24 Aug 2020, 8:40 am by Timothy Meyer, Todd N. Tucker
The European Union recently introduced a proposal for a carbon border adjustment mechanism as part of its EU Green Deal. [read post]
19 Aug 2020, 10:08 am by Law Lady
Receiverships -- Ex parte -- Mortgage foreclosure -- Error to appoint receiver for property involved in mortgage foreclosure action without providing notice and opportunity to be heard where mortgagee failed to establish that ex parte receivership was necessary to avoid immediate irreparable harm to mortgaged property or that giving notice and holding a hearing would accelerate or precipitate any injury -- Although loan documents contained provision for… [read post]
14 Aug 2020, 8:49 am
The decisions of the TTAB are final in the Executive Branch and are subject to review, through appeal, only by the U.S. [read post]
12 Aug 2020, 5:01 am by Rachael Hanna
Notably, the district court declined to use FISA’s in camera, ex parte procedures—set out in 50 U.S.C. [read post]