Search for: "Matter of Adler"
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18 Dec 2019, 1:16 pm
It will discuss, inter alia, what one might call the "Mortimer Adler" problem with using minimum taxes, how minimum taxes might be defined (and why minimum tax-ness might matter), and it will discuss in this regard institutional manifestations that include at least the following:(1) the AMT,(2) standalone versus minimum tax structure for taxing public companies' reported financial statement income, with reference to the 1987-1989 AMT preference that was based on book… [read post]
17 Dec 2019, 8:02 am
Adler has a post titled “Judge Willett’s Change of Heart; Upon reconsideration, Judge Willett splits with his colleagues over whether Black Lives Matter activist can be liable for violent protests. [read post]
16 Dec 2019, 6:42 pm
[Upon reconsideration, Judge Willett splits with his colleagues over whether Black Lives Matter activist can be liable for violent protests] It' is not often that judges confess error or change their mind, so when they do it's worth taking note. [read post]
16 Dec 2019, 6:00 am
I also concur with co-blogger Jon Adler: the term "High Crimes and Misdemeanors" is not an inkblot. [read post]
10 Dec 2019, 12:39 pm
It matters not to me as a judge whether Congress embraces or disapproves of the administration's actions, but it is time for a feckless Congress to come to the table and grapple with these issues. [read post]
10 Dec 2019, 8:15 am
Although the subject matter of this case may not sound particularly exciting, there are several notable things about today's opinion. [read post]
29 Nov 2019, 4:54 pm
The second was "whether the First Amendment permits defamation liability for expressing a subjective opinion about a matter of scientific or political controversy," such as the validity of Mann's research, which has been the subject of extensive criticism and multiple investigations. [read post]
10 Oct 2019, 6:52 am
" As a political or prudential matter, the House may decide that affording greater procedural protections to the President and his defenders is a good idea, particularly insofar as it makes impeachment more politically palatable. [read post]
10 Oct 2019, 5:44 am
Adler Donald B. [read post]
1 Oct 2019, 4:02 am
Daniel Cotter remarks at the Chicago Daily Law Bulletin (subscription required) that, in recent public remarks, Chief Justice John Roberts “bemoaned the fact that the court was looked to for resolution of matters that the other branches should be covering. [read post]
29 Aug 2019, 11:01 pm
Diplomacy Rebecca Adler-Nissen & Alena Drieschova, Track-Change Diplomacy: Technology, Affordances, and the Practice of International Negotiations David E Banks, Fields of Practice: Symbolic Binding and the Qing Defense of Sinocentric Diplomacy IPEPippa Morgan & Yu Zheng, Tracing the Legacy: China's Historical Aid and Contemporary Investment in Africa Daniela Donno & Nita Rudra, David and Goliath? [read post]
10 Aug 2019, 11:56 am
For an example of such cases, see Automatic Excess Benefit Transactions (David Levitt, Adler & Colvin). [read post]
1 Aug 2019, 11:05 am
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
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]
23 Jul 2019, 6:00 am
" As a threshold matter, the notion that Section 5000A did not impose a mandate, but merely offered people a "choice" was manufactured at some point after the ACA was enacted. [read post]
8 Jul 2019, 8:09 pm
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]
28 Jun 2019, 4:21 am
” At Reason’s Volokh Conspiracy blog, Jonathan Adler observes that “the Chief Justice’s decision to prop open the door to consider pretext invites litigants challenging agency actions to search for evidence—whether or not in the official record—to show that they, too, have been the subject of an unlawfully pretextual agency action. [read post]
27 Jun 2019, 1:41 pm
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
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]
4 Jun 2019, 10:19 am
Adler – Johan Verheij Memorial Professor of Law and Director, Center for Business Law and Regulation, Case Western Reserve University School of LawZauderer should’ve been understood as a simple application of Central Hudson, not a separate test. [read post]
