Search for: "Matter of Rules Adoption"
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1 Mar 2022, 12:08 pm
Like any other judge-made rule, a state always can change a choice-of-law rule by adopting a statute providing otherwise. [read post]
1 Mar 2022, 9:35 am
We might, therefore, want to reconsider our assumption that majority rule is ultimately what is at stake.Indeed, Professor Seifter acknowledges that she is adopting a "thin definition [that] may not go far enough: when participation in the political community is restricted or suppressed, we cannot speak meaningfully of rule by the majority" (id.). [read post]
1 Mar 2022, 9:13 am
Rules of Court, rule 8.204(a)(1)(B), San Joaquin River Exchange Contractors Water Authority v. [read post]
28 Feb 2022, 9:40 pm
Does it matter what happens upstream? [read post]
28 Feb 2022, 9:04 pm
Hobby Lobby, where the Court adopted an expansive reading of religious liberty under statutory law. [read post]
28 Feb 2022, 9:00 pm
”The matter is really no different from what Chief Justice John Marshall said in Marbury v. [read post]
28 Feb 2022, 9:51 am
To review the Proposed Rule, a summary of the proposed regulation and history of the public charge rule and other details, see here. [read post]
28 Feb 2022, 9:21 am
This matters because power plants are responsible for nearly a third of domestic greenhouse gas emissions. [read post]
28 Feb 2022, 4:00 am
Ordinarily, for an agency to rescind a rule that was adopted by notice-and-comment rulemaking, it must undertake a new notice-and-comment rulemaking. [read post]
27 Feb 2022, 3:03 pm
Circuit’s ruling, the Biden administration is free to re-adopt the regulatory provisions of the Clean Power Plan. [read post]
27 Feb 2022, 12:22 am
The fact of the matter is that a lot of it is about cheating on partners, and the line between dating and prostitution is blurred. [read post]
26 Feb 2022, 5:00 pm
A draft of the Amars' article is here and below (with the Amars' permission) is a taste of their powerful analysis.The Court’s rulings in Bush v. [read post]
26 Feb 2022, 8:51 am
” We have also adopted Federal Circuit Attorney Discipline Rules, which make clear that “[a]n act or omission by an attorney that violates the Federal Rules of Appellate Procedure, the Federal Circuit Rules, these rules, or orders or instructions of the court . . . may be the basis for discipline. [read post]
25 Feb 2022, 2:44 pm
If new leadership wants the HSR Act rewritten, they should persuade Congress to amend it rather than taking matters into their own hands. [read post]
24 Feb 2022, 9:01 pm
The 2001 Supreme Court ruling did not invalidate the underlying federal regulation; it only barred private lawsuits. [read post]
24 Feb 2022, 12:53 pm
Objective Approach to Good Faith The Second, Fourth, Sixth, and Eighth Circuits have each adopted an objective belief approach. [read post]
24 Feb 2022, 6:51 am
The NFL adopted the rule in 2003 to address the staggering imbalance between the racial makeup of NFL players, nearly 70 percent of whom are Black, and the racial makeup of owners, managers, and coaches. [read post]
24 Feb 2022, 6:04 am
She also requested the adoption of interim measures. 21. [read post]
24 Feb 2022, 4:01 am
Human societies are complex, and human language is imprecise: Classical logical models may break down in dealing with legal indeterminacy, a common feature of legal reasoning: even when advocates agree on the facts in issue and the rules for deciding a matter, they can still make reasonable arguments for or against a proposition. [read post]
23 Feb 2022, 2:40 pm
" Thus, a court, employing this analysis, may well deem that an ordinance, such as that adopted by of the City of Columbia, is impliedly preempted as an attempt to regulate a statewide area of concern rather than a local matter. [read post]