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15 Aug 2019, 9:30 pm by Mitra Sharafi
This summer, we asked many of you what novels, short stories, plays, and other kinds of fiction you use to teach legal history (H/t: LSA Law & History CRN and Twitter). [read post]
1 Aug 2019, 11:05 am by Jonathan H. Adler
While it may be hard for Congress to take the initiative to revisit and revise legislation as a general matter – and the enactment of broad REINS Act-type reforms may be unlikely—it may be possible for Congress to alter the incentives against more regular legislative action through the use of temporary legislation. [read post]
28 Jul 2019, 2:10 pm by Jonathan H. Adler
Were agencies exercising authority recently delegated authority, one could argue that such delegations reflect a contemporary judgment of the desirability of delegating broad authority to a particular agency to address a particular concern, perhaps due to the technical complexity of the underlying subject matter. [read post]
22 Jul 2019, 11:23 am by Vishnu Kannan
Border Patrol; Jonathan H. [read post]
8 Jul 2019, 8:09 pm by Jonathan H. Adler
Several of the parties questioned whether the House of Representatives had standing to intervene (and with good reason), but this does not matter for the Fifth Circuit to have jurisdiction both because the federal government is still enforcing the ACA and because (as the plaintiff states conceded), the state intervenors almost certainly have standing as well. [read post]
8 Jul 2019, 8:39 am by Vishnu Kannan
DiPietro, Chief Technology Officer, United States Secret Service; and Charles H. [read post]
27 Jun 2019, 1:41 pm by Jonathan H. Adler
As Chief Justice Roberts explained, it did not matter that many, or even most, might conclude that the risk of an undercount caused by including a citizenship question outweighed concerns about the need to rely upon other information sources and estimation techniques to generate citizenship data; "the choice between reasonable policy alternatives in the face of uncertainty was the Secretary's to make. [read post]
26 Jun 2019, 5:29 pm by Jonathan H. Adler
However weak one thinks the standing claim of intervenor states might be, that of the plaintiff states was weaker—at least as an initial matter. [read post]
20 May 2019, 2:32 pm by Jonathan H. Adler
So long as Congress investigates on a subject matter on which "legislation could be had," Congress acts as contemplated by Article I of the Constitution. [read post]
20 May 2019, 9:11 am by MOTP
Should it be based on how the highest court ruled on the matter, which would then—on the particular waiver issue in this example-- result in a tie between the State of Texas (based state common law) and the Fifth Circuit (based on federal common law).Or should the counting and coding be based on how different courts ruled regardless of whether they were ultimately reversed? [read post]
3 May 2019, 5:58 am by Jonathan H. Adler
As a general matter, the White House doesn't turn over documents just to be nice, but because there is an implicit threat of potential escalation and sanction -- ultimately impeachment itself -- if legislative investigation is unduly obstructed. [read post]
29 Apr 2019, 7:03 am by Jonathan H. Adler
The existence of other cases addressing this question means that, in all likelihood, it would only be a matter of time before the groundwater-conduit question returns to the Court. [read post]
23 Apr 2019, 8:16 am by Charlotte Garden
Y&H Corp., another Title VII case, as “the best way to discern congressional intent. [read post]
10 Apr 2019, 9:11 am by Eric Goldman
This doesn’t matter if it’s done pre- or post-upload—whenever they make choices, they need to accept responsibility for infringing content. [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
As a matter of binding doctrine, courts can strike down entire laws based on the unconstitutionality of a single provision. [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
As a matter of binding doctrine, courts can strike down entire laws based on the unconstitutionality of a single provision. [read post]
29 Mar 2019, 1:49 pm by Jonathan H. Adler
President Trump stated the matter bluntly: "If the Supreme Court rules that Obamacare is out, we'll have a plan that is far better than Obamacare. [read post]