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5 Oct 2014, 12:30 am by Emily Prifogle
"Jonathan Eig chronicles the decades-long effort to make that fantasy a reality. [read post]
14 Jun 2018, 6:52 am by Jonathan H. Adler
And here is how we conclude: Although views on the merits of the ACA as a matter of law and policy vary widely, those positions are irrelevant to severability. [read post]
31 Aug 2018, 5:33 pm by Jonathan H. Adler
Whether or not qualified immunity is a good thing as a matter of policy, it's not so clear that qualified immunity -- at least as currently construed and applied -- is particularly good law. [read post]
28 Jun 2018, 8:13 am by Jonathan H. Adler
Speech was not the only freedom that mattered to Justice Kennedy. [read post]
17 Mar 2024, 1:30 pm by Jonathan H. Adler
In some cases professors will sign on even when they know little about the subject matter–such as, say, what a given state's law has to say about a complex matter–and when they have engaged in no independent study of the issue. [read post]
18 Jun 2018, 6:32 pm by Jonathan H. Adler
Defendant chose to represent his own office in this matter, and as such, had a duty to familiarize himself with the governing rules of procedure, and to ensure as the lead attorney on this case that his discovery obligations were satisfied despite his many duties as a busy public servant. [read post]
12 May 2020, 8:52 am by Jonathan H. Adler
Based upon oral argument, it may matter to some of the liberal justices as well. [read post]
1 Aug 2019, 11:05 am by Jonathan H. Adler
While it may be hard for Congress to take the initiative to revisit and revise legislation as a general matter – and the enactment of broad REINS Act-type reforms may be unlikely—it may be possible for Congress to alter the incentives against more regular legislative action through the use of temporary legislation. [read post]
8 Jul 2018, 11:50 am by Jonathan H. Adler
Hodges is not at risk of being overturned, no matter who replaces Justice Kennedy on the Court. [read post]
11 Nov 2021, 7:10 am by Jonathan H. Adler
And at least for the moment, she seems to have found a way to create a 3-2 Commission majority on important matters: Rely on "zombie" votes cast by Chopra before his departure to provide the tie-breaker on matters currently before the commission. [read post]
11 Mar 2021, 5:52 pm
Domestic Politics and the Turnover Trap Cassilde Schwartz, Miranda Simon, David Hudson, & Shane D Johnson, Law Breaking and Law Bending: How International Migrants Negotiate with State Borders Michal Parizek & Matthew D Stephen, The Increasing Representativeness of International Organizations’ Secretariats: Evidence from the United Nations System, 1997–2015 Jillienne Haglund & Ryan M Welch, From Litigation to Rights: The Case of the European Court of Human Rights Hanne… [read post]