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15 Jan 2016, 10:03 am by Jonathan H. Adler
Under the Chevron doctrine, when a federal statute is ambiguous, courts are supposed to defer to the implementing agency’s interpretation of the statute, provided the interpretation is reasonable. [read post]
1 Feb 2016, 5:15 am by Jonathan H. Adler
In a prior post I highlighted a new paper by James Phillips, forthcoming in the Harvard Journal of Law and Public Policy, exploring some of the potential explanations for the apparent lack of law professors with conservative and libertarian views. [read post]
6 Aug 2024, 8:16 am by Jonathan H. Adler
[Insofar as the justices split, it was due to long-standing disagreement over the nature of the Court's original jurisdiction. ] This morning, as expected, the Supreme Court rejected the state of Missouri's attempt to sue the state of New York over the prosecution of Donald Trump and the imposition of a gag order during the pendency of appeals. [read post]
11 Jul 2024, 8:43 am by Jonathan H. Adler
[A potentially important post-NFIB enumerated powers challenge. ] Yesterday, in Hobby Distillers Association v. [read post]
25 Jul 2024, 9:06 am by Jonathan H. Adler
[John McGinnis on Justice Amy Coney Barrett] A substantial amount of Supreme Court commentary after this past term has focused on Justice Amy Coney Barrett. [read post]
25 Jul 2024, 3:10 pm by Jonathan H. Adler
["Boneless wings" aren't wings, so does that mean they don't have to be boneless either? [read post]
19 Jul 2024, 9:03 am by Jonathan H. Adler
[The full court rejects an Eighth Amendment challenge to a provision in the Mississippi Constitution.] [read post]
19 Jul 2024, 8:53 am by Jonathan H. Adler
[Organizers of the highway obstruction will spend years in jail for their anything-but-peaceful protest.] [read post]
29 Aug 2024, 5:16 am by Jonathan H. Adler
[Newly released documents suggest a prominent account of Till's death left out some important information.] [read post]
29 Aug 2024, 5:02 am by Jonathan H. Adler
[In the same week that Jack Smith refiles his Trump Indictment, Justice Jackson talks about the SCOTUS decision that made refiling necessary.] [read post]
30 Aug 2024, 8:27 am by Jonathan H. Adler
[Conforming speech policies to the First Amendment would serve private universities well, legally and otherwise.] [read post]
23 Aug 2024, 10:09 am by Jonathan H. Adler
[The justices are hearing future cases, but that has not sped up their work. ] The Supreme Court hears fewer cases than it used to, and justices write more separate opinions. [read post]
27 Aug 2024, 11:38 am by Jonathan H. Adler
[States cannot invalidate or refuse to recognize federal law. ] Yesterday, a unanimous panel of the U.S. [read post]
20 Sep 2024, 9:10 am by Jonathan H. Adler
[Could a panel of lower court judges evaluate ethics complaints against Supreme Court justices?] [read post]