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30 Jul 2024, 8:26 am by Josh Blackman
I made a very similar point after Loper Bright was decided: And why did Roberts pull the trigger in Loper Bright–especially after he stopped short in Kisor? [read post]
30 Aug 2024, 12:23 pm by Alden Abbott
Finally, the Supreme Court’s very recent decision in Loper Bright Enterprises v. [read post]
20 Apr 2022, 11:11 am by Thomas Burke
Although Director Chopra has spoken about the need for agencies to consider imposing non-monetary “bright-line structural remedies” on large firms that are repeat offenders, the CFPB’s demand for relief in the complaint does not expressly seek such remedies. [read post]
22 Jul 2006, 8:13 am
International law and media reporting about terrorism tend to operate on more of a wholesale basis — with body counts, civilian neighborhoods and claims of collective punishment.But the recognition that "civilianality" is often a matter of degree, rather than a bright line, should still inform the assessment of casualty figures in wars involving terrorists, paramilitary groups and others who fight without uniforms — or help those who… [read post]
4 Sep 2007, 3:16 am
Kerr's claims over basic colors like bright red and deep blue would hamper competition. [read post]
22 Feb 2012, 8:52 am by Ronald Mann
  And matters got worse for Freeman when O’Connell suggested that the Court need not worry about liability of consumers because HUD could protect them as a matter of prosecutorial discretion. [read post]
12 Feb 2011, 6:28 am by Kenneth Anderson
The discussants, coming from military backgrounds, tend to skepticism on the lawfulness of CIA participation — or if not skeptical as a matter of law, then skeptical as a matter of legal policy or legal best practices.I myself have a less skeptical legal view — I don’t think the CIA is engaged in violations of the laws of war, to take the most basic issue, and the question of whether its agents are “privileged” in any particular instance depends on… [read post]
16 Dec 2011, 6:30 am by Kevin Russell
Delineating a wetland and its boundaries is a highly technical matter, and the legal status of a wetland — ie, whether it is a water of the U.S. [read post]
11 Feb 2011, 7:00 am by Guest Blogger
It is no longer sufficient for a federal court to find a reversible error in the trial, no matter how egregious. [read post]
3 Sep 2015, 2:26 pm
” When the precedent adopted a bright-line rule, this normally won’t be an issue. [read post]
13 Nov 2009, 2:02 pm by Jeffrey J. Randa
No matter what the facts of a person's case, it can only help matters to have a Client who has already demonstrated the foresight to take action regarding a drinking issue. [read post]
8 Apr 2018, 4:24 am by SHG
On the bright side, none of the defendants will live long enough to make a dent in their restitution orders. [read post]
4 Oct 2016, 6:11 am by SHG
On the bright side, Shulka’s breastfeeding was protected by law. [read post]