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23 Oct 2018, 4:29 am
As we note here, Mistretta made clear that the Sentencing Commission is not at odds with the principle of separation of powers because Congress may delegate complex matters to coordinate Branches as long as it "clearly delineates the general policy," the agency to apply it, and sets "the boundaries of this delegated authority. [read post]
18 Oct 2018, 12:26 pm
Immigration litigator, Jonathan Wasden, in a tour de force complaint, ITServe Alliance v. [read post]
18 Oct 2018, 12:26 pm
Immigration litigator, Jonathan Wasden, in a tour de force complaint, ITServe Alliance v. [read post]
18 Oct 2018, 6:00 am
As H. [read post]
15 Oct 2018, 8:00 am
For the Symposium on Jonathan Gienapp, The Second Creation: Fixing the American Constitution in the Founding Era (Belknap Press, 2018).Jonathan Gienapp's new book, The Second Creation, retells the story of the first decade of the U.S. [read post]
5 Sep 2018, 9:48 am
Senator Leahy is apparently concerned that Judge Kavanaugh was not fully forthcoming on this matter during his testiony at the confirmation hearing on his nomination to the U.S. [read post]
3 Sep 2018, 4:53 am
H/T Keith Kaplan [read post]
31 Aug 2018, 9:34 pm
It's become simply a matter of who has the votes. [read post]
31 Aug 2018, 5:33 pm
Whether or not qualified immunity is a good thing as a matter of policy, it's not so clear that qualified immunity -- at least as currently construed and applied -- is particularly good law. [read post]
30 Aug 2018, 4:44 pm
., and remanded the question to the District Court.[20] Characterizing Hoskins as “a close and difficult case,”[21] Judge Lynch in his concurrence counsels “special caution in applying normal principles of accessorial liability when Congress has delineated the particular circumstances in which the [FCPA] applies abroad,”[22] but also questions whether as “a matter of policy” people like Hoskins—a foreign national who was “part of the… [read post]
16 Aug 2018, 1:33 pm
As a consequence, it's only a matter of time before WOTUS makes its way back to SCOTUS. [read post]
13 Aug 2018, 6:30 am
War by Other Means: Mercantilism and Free Trade in the Age of the American RevolutionELIGA H. [read post]
2 Aug 2018, 9:01 pm
The irony is rich, as Jonathan Chait pointed out in a column earlier this week: Do you remember the years and years of hysterical right-wing denunciations of unilateral executive action by the Obama administration? [read post]
30 Jul 2018, 10:44 am
(Cooter presented this idea when he received the Ronald H. [read post]
11 Jul 2018, 12:47 pm
Thus, no matter whether the President is Democratic or Republican, no matter whether the Senate is controlled by Democrats or by Republicans, you have the same ground rules for how nominations will be considered. [read post]
8 Jul 2018, 11:50 am
Hodges is not at risk of being overturned, no matter who replaces Justice Kennedy on the Court. [read post]
28 Jun 2018, 8:13 am
Speech was not the only freedom that mattered to Justice Kennedy. [read post]
26 Jun 2018, 8:05 am
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]
25 Jun 2018, 3:06 am
It didn’t matter. [read post]
21 Jun 2018, 8:55 am
Burwell) or concerning matters that Congress cannot be presumed to have delegated to the implementing agency. [read post]
