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11 Feb 2014, 10:37 am
 For standing purposes, it’s a matter of conjecture which firm is which. [read post]
21 Mar 2016, 11:10 am by Jonathan H. Adler
To make matters worse, the Commonwealth chose to deploy its prosecutorial resources to prosecute and convict her of a criminal offense for arming herself with a nonlethal weapon that may well have saved her life. [read post]
26 Nov 2018, 3:09 pm by Jonathan H. Adler
The choice matters because judgments on some issues, such as standing, could effect the viability of future climate-based claims in the future. [read post]
15 Jan 2016, 10:03 am by Jonathan H. Adler
What matters for present purposes is that Chevron has no role to play in construing hybrid statutes. [read post]
26 Jun 2018, 8:05 am by Jonathan H. Adler
And even if further proceedings are permitted, it would be necessary to determine that any discovery and other preliminary matters would not themselves intrude on the foreign affairs power of the Executive. [read post]
21 Jun 2018, 8:55 am by Jonathan H. Adler
Burwell) or concerning matters that Congress cannot be presumed to have delegated to the implementing agency. [read post]
11 Jul 2016, 3:17 pm by Jonathan H. Adler
In other words, this is a question for the Republican Party to decide, and not a matter under the control of state legislatures. [read post]
15 Sep 2020, 6:22 pm by Jonathan H. Adler
That matters because AEDPA's procedural rules have bite that Brecht lacks. [read post]
12 Oct 2021, 7:16 pm by Jonathan H. Adler
"58 As the authors explained: "Our analysis suggests that it is not the act of listing itself that matters, but rather high levels of expenditures for recovery combined with listing. [read post]
26 Jun 2022, 7:35 am by Jonathan H. Adler
It does not, as the Court's substantive due process cases suppose, "forbi[d] the government to infringe certain 'fundamental' liberty interests at all, no matter what process is provided. [read post]
6 Feb 2022, 8:03 am by Jonathan H. Adler
In other words, although not actually a matter of judicial power, assessments were to be done in a judicial rather than a legislative spirit. [read post]
25 Jun 2015, 5:49 am
Yet, as a substantive matter, the combination is a dramatic shift in the law in a “liberal” direction. [read post]
1 May 2014, 5:26 pm
 Now I admit this may be the sort of technical minutae that only matters to us admin-law-nerd-types (especially those of us that worked on briefs in American Trucking), but if you’re going to assail someone for their errors, I think it’s important to get the story right. [read post]
8 Jul 2020, 1:12 pm by Jonathan H. Adler
The First Amendment protects the right of religious institutions "to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine. [read post]
10 Mar 2024, 7:51 am by Jonathan H. Adler
When Do No Harm moved for a preliminary injunction, the district court dismissed the suit for lack of subject matter jurisdiction. [read post]
28 Sep 2017, 12:48 pm by Jonathan H. Adler
What matters is the attorney’s professional conduct in handling such cases and the nominee’s capability of setting aside his or her personal preferences from the bench. [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]