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8 Nov 2024, 6:52 am by Christine Corcos
This article provides a historical argument that the nondelegation doctrine did not enjoy pre-eminence during the Founding, as some originalists, including the respondents in Securities and Exchange Commission v. [read post]
8 Nov 2024, 6:52 am
This article provides a historical argument that the nondelegation doctrine did not enjoy pre-eminence during the Founding, as some originalists, including the respondents in Securities and Exchange Commission v. [read post]
18 Nov 2013, 2:47 am by Dr Jeremias Prassl
Wider Implications The proceedings in Hook v British Airways and Stott v Thomas Cook have already attracted significant attention from the Equality and Human Rights Commission; with the Secretary of State acting as a further intervener. [read post]
26 Oct 2022, 6:58 am by INFORRM
In an earlier post on this blog, I considered the potential impact on the First Amendment of Thomas J’s originalist reasoning in the Second Amendment case of New York State Rifle and Pistol Association v Bruen, and found some distinctly chilly zephyrs. [read post]
14 Jun 2012, 8:01 am by Kelvin Lawrence
  The majority's opinion was careful to reiterate that administrative considerations cannot justify tax distinctions in all circumstances, and suggested a strong reliance on the text of the state statute at issue. [read post]
27 Jun 2019, 4:00 am by Thomas Merrill
This imports the sequencing familiar in the Chevron context from United States v. [read post]