Search for: "Matter of Adler"
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10 Jul 2017, 9:07 am
Jonathan Adler, David Bernstein (see also here), Phil Magness (also here), Russell Roberts, and Michael Munger, and others, have highlighted some of her most important fallacies and distortions. [read post]
17 Sep 2010, 1:07 pm
Trying to argue that “illness” (or, for that matter, “wellness”) is an economic activity yields a commerce power without limit. [read post]
13 Jun 2022, 4:00 am
From SSRN:Katharine Young, Book Review: Adam Chilton and Mila Versteeg, How Constitutional Rights Matter, New York: Oxford University Press, 2020, (Journal of Legal Education Vol. 70, No. 1 (Fall 2020)).Mingyu Jun, The Best Interests of Children Overlooked: Should Faith Based Agencies Be Forced Out? [read post]
7 Jan 2021, 5:09 pm
And, as a practical matter, the 50-50 split creates a real possibility that Republicans could have a temporary majority of those physically present at any given point, with the opportunity to create mischief, including asserting majority control (even if only temporarily). [read post]
10 Oct 2019, 5:44 am
Adler Donald B. [read post]
4 Aug 2014, 8:00 pm
Whether or not the death penalty is just, as an abstract matter, there are serious problems with the way it is administered in much of the country. [read post]
6 Feb 2021, 7:31 am
It is common for a justice's first majority opinion to involve a relatively minor matter. [read post]
10 Jun 2021, 1:46 pm
In the days ahead, Liberty Matters will post additional contributions by Henry Olsen and William Dennis, followed by some rejoinders. [read post]
7 Aug 2018, 12:49 pm
” In dismissing the complaint, Kavanaugh emphasized the First Amendment’s broad protection for the “unfettered interchange” of thoughts and ideas on matters of public concern. [read post]
12 Oct 2021, 5:47 am
If one is inclined to think this is a problem (and I do) then it should be a problem without regard for the subject matter. [read post]
10 May 2021, 5:46 am
But partisanship is how we got here: Everyone knows that a justice's legal philosophy matters enormously in the way cases are decided. [read post]
6 Jan 2010, 9:29 pm
Notably (or not), the now defunt firm of Rothstein, Rosenfeldt & Adler represented the appellee. [read post]
21 Mar 2020, 4:27 pm
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]
11 Jun 2018, 3:44 pm
" As a general matter, I have been a fan of Calabresi's scholarship on many issues. [read post]
1 Apr 2016, 7:52 am
Given how rarely this occurs, one suspects that, at many universities, diversity of viewpoint does not matter all that much, and that is a shame. [read post]
28 Oct 2016, 1:18 pm
As a practical matter, this means that, in order to receive deference, agency interpretations should be the product of notice-and-comment rulemakings or other agency proceedings. [read post]
14 Dec 2015, 8:15 am
As a final matter, this Court again advises the Court of Appeals that the provisions of AEDPA apply with full force even when reviewing a conviction and sentence imposing the death penalty. [read post]
7 May 2018, 6:50 am
I recognize that Congress does not always consider such matters, but if not, courts can often implement a more general, virtually omnipresent congressional purpose— namely, the creation of a well-functioning statutory scheme—by using a canon-like, judicially created construct, the hypothetical reasonable legislator, and asking what such legislators would likely have intended had Congress considered the question of delegating gap-filling authority to the agency. [read post]
5 Sep 2018, 9:48 am
Senator Leahy is apparently concerned that Judge Kavanaugh was not fully forthcoming on this matter during his testiony at the confirmation hearing on his nomination to the U.S. [read post]
14 Nov 2016, 10:32 am
As a technical matter, Reid’s move (accomplished by a simple, party-line majority vote) left the filibuster in place for Supreme Court nominees, but there was little question that such a filibuster would not last. [read post]
