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17 Aug 2020, 8:11 am by Jonathan H. Adler
This is a close and difficult standing question, and it's particularly important as the FCC sought to use standing as a means of precluding judicial review of its efforts to leverage its authority over licenses to reach matters otherwise beyond the FCC's reach. [read post]
17 Aug 2020, 7:58 am by Jonathan H. Adler
It's almost certain that she meant to change both, but the fact of the matter is that she didn't—and that left the pre-existing order of succession in place. [read post]
11 Aug 2020, 9:03 pm by Series of Essays
Adler, Duke University VSL is a familiar tool, but it lacks a firm normative foundation. [read post]
2 Aug 2020, 9:07 pm by Matthew D. Adler
Does it actually matter for policy purposes that VSL can deviate from willingness to pay? [read post]
31 Jul 2020, 11:29 am by Ilya Somin
As a practical matter, of course, it is highly unlikely that Trump will be impeached again before the election, and even more unlikely the GOP-controlled Senate will vote to remove him. [read post]
24 Jul 2020, 9:57 am by Michael Abramowicz
Jonathan Adler has written in favor of citing all authors' names in law review articles, joining a nascent movement. [read post]
9 Jul 2020, 1:27 pm by Ilya Somin
Commentators such as Michael Dorf and Jonathan Adler argued that this was a serious error. [read post]
8 Jul 2020, 1:12 pm by Jonathan H. Adler
The First Amendment protects the right of religious institutions "to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine. [read post]
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]
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]