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4 Aug 2017, 5:36 am by Dan Filler
We welcome philosophical and legal reflections from contributors across the world, but these submissions should be general or United States- focused rather than comparative in nature. [read post]
10 Jan 2024, 2:12 pm by Guest Author
As readers of this space know, stated in its simplest form, Chevron requires that if a statutory provision is ambiguous, a reviewing court must defer to the agency’s interpretation if it is based on a “permissible” construction of the statute. [read post]
10 Oct 2014, 11:39 am
Cl. 2, Amendments IX, X[1]·      German Basic Law, arts.20-25; 31[2]·      Constitution of South Africa, arts. 1, 2, 39, 146-150[3]·      Indiana Code 1-1-2-1[4]·      Hierarchy of Law in Georgia[5]__________Hierarchy of Law in the United StatesConstitution of the United StatesArticle, § 1All legislative Powers herein granted shall be vested in a… [read post]
1 Feb 2013, 9:42 am by Bexis
Mutual Pharmaceutical Co., 678 F.3d 30 (3d Cir.), cert. granted, 133 S.Ct. 694 (U.S. 2012). [read post]
2 Apr 2017, 2:40 pm by Stuart Kaplow
The 45th President of the United States is not a 1960s Barry Goldwater environmentalist who favored “federal intervention with regards to the environment. [read post]
1 Oct 2014, 1:01 pm by Taryn Rucinski
 USGS Open-File Report: 2014-1189 Pesticide trends in major rivers of the United States, 1992-2010 2014, Ryberg, Karen R.; Vecchia, Aldo V.; Gilliom, Robert J.; Martin, Jeffrey D. [read post]
27 Mar 2016, 2:54 pm
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]
22 Mar 2021, 4:17 am by Peter Mahler
The following examples illustrate the hurdles to pleading a sustainable RICO claim in a business divorce setting: In Daskal v Tyrnauer, 2012 NY Slip Op 52036(U) [Sup Ct Kings County 2012], the plaintiff brought direct and derivative claims against his co-owner in a realty holding LLC and others arising from a realty development project that ultimately led to the construction lender’s foreclosure on the LLC’s realty asset. [read post]
20 Nov 2010, 8:27 am by Sara Thorpe
Co. of State of Pa., __ Cal.4th __ (2010) (2010 Cal.Lexis 11679), the California Supreme Court held that where the insurance policies did not define the term “suit,” there was a duty to defend and indemnify a contractor that settled a government claim in an administrative adjudicative proceeding before the United States Department of Interior Board of Contract Appeals (“IBCA”). [read post]
6 Jan 2015, 8:30 am by Joe Rich and Thomas Silverstein
In the face of deeply entrenched patterns of residential segregation and exclusion, Congress enacted the FHA in 1968 to effectuate “the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. [read post]