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4 Jul 2022, 9:05 pm
As it originally emerged, the doctrine appeared to be only a rule of statutory construction that carved out an exception from the Chevron doctrine.[10] In Justice Scalia’s colorful words, Congress explains its major policy choices and “does not … hide elephants in mouseholes. [read post]
3 Jul 2022, 4:00 am
Here is the Maryland letter: July-1-2022-letter-to-Hon. [read post]
28 Jun 2022, 9:01 pm
On June 24, 2022, the Supreme Court eliminated the constitutional right to abortion in Dobbs v. [read post]
26 Jun 2022, 12:28 am
,” History Channel, Jan 31, 2019; David Huyssen, “We won’t get out of the Second Gilded Age the way we got out of the first,” Vox, Apr 1, 2019. [read post]
22 Jun 2022, 4:25 am
Id. at 18. [read post]
21 Jun 2022, 11:30 am
The economic impact of climate change could be severe, thanks to both the increasing frequency of extreme weather events and rising sea levels driving displacement.[1] Changes to the natural environment will create significant net costs for human well-being. [read post]
21 Jun 2022, 9:13 am
ShareThis article was updated on June 21 at 1:38 p.m. [read post]
21 Jun 2022, 6:31 am
Over the past 18 months, many auto manufacturers have had to slow down or suspend production due to semiconductor shortages. [read post]
19 Jun 2022, 4:44 pm
”[1] Given that they were talking to judges and lawyers, the advice might have taken on greater saliency if the authors explicitly noted that modest strength of a putative relationship means small relative risks, such as those smaller than two or three. [read post]
19 Jun 2022, 5:08 am
(filed May 18, 2021). [read post]
17 Jun 2022, 2:09 pm
”[1] Faigman is correct that courts often have left unarticulated exactly what the methodology is, but he does not quite make sense when he writes that the method of differential etiology is “entirely logical,” but has no “scientific methods or principles underlying it. [read post]
17 Jun 2022, 3:44 am
Corp., 18 NY3d 499, 503 [2012] [internal quotation marks and citation omitted]). [read post]
16 Jun 2022, 9:05 pm
Some have argued that, because the Nation’s approach to climate change is politically contested,[1] and since these matters affect major policy questions over which Congress has not granted the SEC new, explicit powers, the Commission lacks authority to require disclosure in this area.[2] For the reasons given below, the Commission should disregard these claims, focusing instead on the challenging policy choices that any finalization of the proposal would require. [read post]
16 Jun 2022, 8:36 am
It does not make any assessment of the legality or criminality of the scheme. [read post]
16 Jun 2022, 6:13 am
Three notes: Note 1. [read post]
7 Jun 2022, 10:32 am
Last month, a federal appeals panel gave the back of its hand to Rep. [read post]
7 Jun 2022, 6:05 am
., Tom Vitolo, Christian Tyron, and John Does 1–10 for violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"); California's unfair competition law (the "UCL"); and California's statutory and common law right of publicity; and claims for common law fraud and civil conspiracy…. [read post]
7 Jun 2022, 5:55 am
” But the timeline does tend to support the analysis of experts such as Mitchell D. [read post]
6 Jun 2022, 9:48 am
John Dunn and Kirk Smith were uniquely qualified to assess the facts of this case and acted as experts for the families of Myles Herschaft and Colton Guay. [read post]
27 May 2022, 4:00 am
Nineteen current or recent Republican senators, including Minority Leader Mitch McConnell, have taken at least $1 million each in campaign contributions from the NRA over their careers. [read post]