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4 Jun 2019, 7:54 am
In finding the Medicare Act’s exemptions from notice and comment distinct from those of the APA, the majority relied on one of the Roberts Court’s favorite textualist tools: the presumption that Congress uses words consistently across statutes and, so, when it doesn’t, the court should assume that any deviation is intentional. [read post]
I’m a wizard, apparently, plus four other employment law takeaways from yesterday’s SCOTUS decision.
4 Jun 2019, 3:30 am
Image by Ivorytowers from Pixabay Damn, I’m good! [read post]
3 Jun 2019, 6:47 pm
Via LLRX – Casetext’s New ‘SmartCite’ Citator Is Its Clever Answer to Shepard’s and KeyCite – Robert Ambrogi writes – “Knowing whether a case is good law is elemental to legal research. [read post]
3 Jun 2019, 9:04 am
This is the kind of argument that one would expect a defense lawyer for a target of an impeachment inquiry to make, but it is not a mainstream view—for good reason. [read post]
3 Jun 2019, 8:48 am
Roberts, Commercial Content Moderation & Worker Wellness: Challenges & Opportunities Colin Sullivan, Trust Building As A Platform For Creative Businesses __ COMO at Scale, Washington DC, May 2018 Event page. [read post]
3 Jun 2019, 5:00 am
Congress eventually decided that an inventory was needed, but there is good reason to think we have underestimated how often the Court has enforced constitutional limits on Congress. [read post]
3 Jun 2019, 4:54 am
Judge Robert C. [read post]
A Different View on the President’s Delegation of Declassification Authority to the Attorney General
1 Jun 2019, 11:09 am
(Special Counsel Robert Mueller fired Struck, who was subject to a critical inspector general report.) [read post]
31 May 2019, 12:30 pm
Which is a darn shame, says IJ attorney Robert Frommer. [read post]
31 May 2019, 12:27 pm
Robert Ambrogi writes - "Knowing whether a case is good law is elemental to legal research. [read post]
31 May 2019, 11:31 am
President Trump announced that the United States will impose a 5 percent tariff on goods from Mexico to pressure the government to limit the flow of illegal migrants crossing the border, reports CNN. [read post]
31 May 2019, 8:58 am
” NY Times “Special counsel Robert S. [read post]
31 May 2019, 8:41 am
” The border crossing occurred just before President Donald Trump’s announcement that he would be placing a 5 percent tariff on all goods from Mexico in order to curb illegal immigration. [read post]
31 May 2019, 6:10 am
Tariffs can raise the cost of parts and materials, which would raise the price of goods using those inputs and reduce private sector output. [read post]
31 May 2019, 6:00 am
”Apart from this activist mutation in conservative constitutional ideology, the NFIB dissent marks another, even more consequential tectonic shift: formal acceptance, at the highest level, of a hard understanding that, to be counted as a member in good standing of the current conservative elite legal guild, a judge must be ready to twist the law to further nakedly political priorities and interests of conservatives, i.e., of Republicans. [read post]
31 May 2019, 4:42 am
Thank you…. and good evening everybody. [read post]
31 May 2019, 3:00 am
But those good-government groups say the mixture of [read post]
30 May 2019, 12:26 pm
The legislation states that these volunteers would be protected by New Jersey’s Good Samaritan law, meaning that they would not be liable for any civil damages as a result of their efforts to provide care or treatment in good faith during a Code Blue alert. [read post]
29 May 2019, 9:01 pm
Indeed, it may not even be a regulatory measure requiring an express grant of authority altogether.In view of Justice Scalia’s insistence during the NFIB oral argument that Congress cannot use it commerce power to force individuals to buy asparagus simply because it is good for them, it would seem that Congress could pass a law declaring “as a matter of federal policy that, eating asparagus is good for you” and even providing resources to promote that message. [read post]