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7 Jul 2020, 7:55 pm by Jonathan H. Adler
Turner and Isenberg do an admirable job identifying often-overlooked factors in the Republican Party's evolution on environmental matters, yet it is quite clear where their sympathies lie. [read post]
7 Jul 2020, 7:42 am by Jonathan H. Adler
There are many reasons one might like or dislike his approach, both as a general matter as well as how it cashes out in particular cases. [read post]
2 Jul 2020, 8:00 am by Jonathan H. Adler
As the Commission acknowledged at oral argument, absent some special need for "quick action," it enters tolling orders "almost as a matter of routine," as it did in this case. . . . [read post]
19 Jun 2020, 3:06 pm by Jonathan H. Adler
City of Euclid  begins: This appeal involves a Chris Rock video and a cartoon, but it is no laughing matter. [read post]
18 Jun 2020, 7:56 am by Jonathan H. Adler
I believe DACA was lawful (given the decades-long practice of immigration law enforcement and implementation that allowed forbearance and the receipt of benefits), but I also believe the Trump Administration had no obligation to provide any explanation at all for its rescission, and that the conclusion that DACA was unlawful was more than sufficient to justify its rescission (and would be so even if courts disagreed as to that determination, as what matters is whether the decision was… [read post]
16 Jun 2020, 8:29 am by Eugene Volokh
Forte, Andrew Geronimo, Raymond Ku [though not as to the reply], Stephen Lazarus, Kevin Francis O'Neill, Margaret Tarkington, and Aaron H. [read post]
9 Jun 2020, 6:06 am by Jonathan H. Adler
Whether these are the necessary policy implications is certainly open for debate, but it seems clear that the increase in income inequality in major cities is a phenomenon that matters, and policymakers should consider how existing policies exacerbate this trend. [read post]
8 Jun 2020, 5:35 pm by Jonathan H. Adler
At the same time, Margulies suggests that if the Justice Department were to forthrightly claim that it wanted to dismiss the charges as a matter of prosecutorial discretion, it would be a difficult motion to deny. the motion to dismiss ignores the entire context and premise of the Russia probe. [read post]
1 Jun 2020, 6:54 am by Jonathan H. Adler
Petitioners are practicing lawyers in Wisconsin who allege that their Wisconsin State Bar dues are used to fund "advocacy and other speech on matters of intense public interest and concern. [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]
6 May 2020, 10:55 am by Jonathan H. Adler
[Why does it matter is a federal agency is independent of Presidential control? [read post]
29 Apr 2020, 6:59 am by Jonathan H. Adler
More broadly, any regulatory scheme which allows a regulatory agency to punish comments about public policy matters, particularly when there is no evidence the comments have any relation to actual or potential unionizing activity, is itself problematic. [read post]
23 Apr 2020, 8:47 pm by Jonathan H. Adler
Brown: "[A]s a practical matter," the Court there said, "there must be a substantial regulation of elections if they are to be fair and honest and if some sort of order, rather than chaos, is to accompany the democratic processes. [read post]
20 Apr 2020, 8:02 am by Jonathan H. Adler
Click-to-Call Technologies, concerning inter partes review of patent claims also had an interesting 7-2 lineup (if, perhaps, less interesting subject matter). [read post]
7 Apr 2020, 5:11 pm by Jonathan H. Adler
The state legislature refused to act, however, leaving the matter to the Governor and the courts. [read post]
21 Mar 2020, 4:27 pm by Jonathan H. Adler
Such an assumption may not be a big loss for a high-achieving student at Harvard or Yale, but at other schools, that difference matters. [read post]