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26 Jul 2018, 11:55 am by Christopher Walker
” Accordingly, one should expect him to approach Chevron’s first step in a textualist fashion similar to Scalia’s, in which he exhausts all of the tools of statutory interpretation at Chevron step one to resolve the ambiguity. [read post]
12 Jul 2018, 11:00 am by Chimène Keitner
In America today, that support just isn’t there. [read post]
25 Jun 2018, 5:39 pm by John Elwood
Green Tree Servicing LLC, 17-1351); and two criminal petitions that I can’t seem to get copies of: Solano-Hernandez v. [read post]
23 Jun 2018, 8:15 am by Harry Graver
Second, this system, created by Congress under its Article I power “[t]o make Rules for the Government and Regulation of the land and naval Forces,” closely resembles the other non-Article III tribunals that the Supreme Court sits above as part of its appellate jurisdiction. [read post]
20 Jun 2018, 5:00 pm by John Elwood
Well, we don’t know their names, exactly, but at least 5 members of the Supreme Court. [read post]
6 Jun 2018, 10:17 am by John Elwood
Because it doesn’t take four-plus months to write a unanimous five-page opinion, the odds are good that a lot of memoranda were exchanged about this case. [read post]
30 May 2018, 9:19 am by John Elwood
Didn’t you read above that there are no new relists this week? [read post]
25 May 2018, 6:41 am by John Elwood
If this strikes you as maddeningly indeterminate, don’t worry: We’ll all know what happened in about another 70 years when the current justices’ papers are released. [read post]
23 May 2018, 11:32 am by Rebecca Tushnet
  I understand why this view developed, but it is highly circular and seems to double-count similarity, which is more problematic the less exact the similarity is, as here. [read post]
18 May 2018, 8:02 am by John Elwood
Federal law doesn’t regulate the mining of uranium, but it does regulate uranium processing and the handling of the tailings left over afterwards. [read post]
16 May 2018, 2:28 pm
There was an unmistakable double meaning to the newspaper article that trumped a headline "We Were Sodomized" in reporting the allegations of the "victims" of Anwar's sexual attentions. 237 The headline could as easily have referred to the Malaysian state as well. [read post]
13 May 2018, 4:44 am by SHG
Traits don’t become immutable because of fashion trends, and their validity isn’t established by wrapping them up in social justice rhetoric. [read post]
27 Apr 2018, 6:47 am by John Elwood
United States, 17-7183, and – so far as we can tell (the parties haven’t gotten back to us yet), Eaton v. [read post]
19 Apr 2018, 12:38 pm by John Elwood
On the plus side, I haven’t seen any mosquitoes yet. [read post]
16 Apr 2018, 3:48 pm by Katharine Trendacosta
Paid prioritization isn’t the same as making sure a surgery goes off without a hitch—it’s letting ISPs double-dip by letting them charge consumers for access to Internet services and then turn around and charge Internet services for better access to consumers. [read post]
5 Apr 2018, 11:25 am by Gyi Tsakalakis
Furthermore, Google tends not to show multiple listings for the same firm (although this isn’t always the case, as we have been able to generate double-listings for some clients). [read post]
5 Apr 2018, 11:25 am by Gyi Tsakalakis
Furthermore, Google tends not to show multiple listings for the same firm (although this isn’t always the case, as we have been able to generate double-listings for some clients). [read post]