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21 Sep 2022, 10:53 am
[Based upon Totenberg's new book, a prominent legal ethicist thinks the conflict was a real one.] [read post]
21 Sep 2022, 9:20 am
[In the wake of West Virginia v. [read post]
15 Sep 2022, 9:36 pm
See also the more detailed analysis of this rationale for a federal abortion ban by co-blogger Jonathan Adler. [read post]
3 Sep 2022, 7:08 am
[Noted environmental law scholar Richard Revesz will be nominated to head the White House Office of Information and Regulatory Affairs] Yesterday, the White House announced that President Biden will nominate Professor Richard Revesz to be Administrator for the Office of Information and Regulatory Affairs (OIRA) in the White House Office of Management and Budget, a position often referred to as "regulatory czar. [read post]
24 Aug 2022, 3:41 pm
[A New York Times story creates a false impression about the effects of the Inflation Reduction Act's Climate Provisions] On Monday, the New York Times published a story proclaiming that the Inflation Redution Act is a "game changer" because it amended the Clean Air Act to "make new regulations much tougher to challenge in court. [read post]
24 Aug 2022, 1:41 pm
[The likelihood that the Supreme Court considers the FDA's treatment of vaping products is increasing. ] Yesterday, a divided panel of the U.S. [read post]
23 Aug 2022, 8:45 am
[A panel majority holds that "reasonableness" is all that is required and upholds the Park Service's permit-and-fee requirements.] [read post]
21 Aug 2022, 9:10 am
EPA – basically for the reasons expressed by Chad Squitieri, Tom Merrill and Jonathan Adler. [read post]
17 Aug 2022, 3:10 pm
[Assessing an aggressive Fifth Circuit opinion declaring Securities & Exchange Commission proceedings unconstituional.] [read post]
17 Aug 2022, 1:05 pm
[Five Circuits have considered, and rejected, fossil fuel efforts to get state-law tort and nuisance claims removed to federal court. [read post]
17 Aug 2022, 12:35 pm
[If the Supreme Court was correct in Dobbs, was it wrong in Bolling?] [read post]
17 Aug 2022, 7:10 am
Other participants in this panel include VC co-blogger Jonathan Adler and my George Mason University colleague Jennifer Mascott. [read post]
[David Kopel] Restoring the right to bear arms, New York State Rifle and Pistol Association v. Bruen
9 Aug 2022, 9:19 am
Among the articles I look forward to reading are the VC's Ilya Somin on the vaccine mandate cases and Jonathan Adler on West Virginia v. [read post]
4 Aug 2022, 8:55 am
Jonathan H. [read post]
3 Aug 2022, 8:20 am
[My forthcoming article the good, the bad, and the likely implications of the Supreme Court's decision West Virginia v. [read post]
2 Aug 2022, 4:24 am
(Thanks also to Volokh blogger Jonathan Adler for comments on the draft.) [read post]
29 Jul 2022, 10:15 am
Adler, Super Deference and Heightened Scrutiny, 74 Fla. [read post]
25 Jul 2022, 4:05 am
EPA will long be remembered as the decision in which the Supreme Court officially endorsed the "major questions doctrine," as Jonathan Adler has noted on this blog. [read post]
23 Jul 2022, 6:02 am
[The Court denied the BIden's request for a stay of a lower court injunction against new immigration enforcement guidelines.] [read post]
22 Jul 2022, 7:37 am
[It may now require notice and comment to rescind final rules that were never published in the Federal Register.] [read post]