Search for: "Cass v. State" Results 21 - 40 of 335
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3 Jul 2023, 5:28 am by Guest Author
Famously stated by Cass Sunstein, the nondelegation doctrine “has had one good year…” Since 1935 when the Court was using the doctrine to strike down FDR’s New Deal programs, the Court has repeatedly upheld delegations so long as they are subject to a limiting “intelligible principle. [read post]
7 Jun 2023, 8:30 am by Guest Author
”[4] Former Clinton Administration OIRA head Sally Katzen states that  “[t]he virtues of analysis—as robust as needed, commensurate with the significance of the decision being made—are, to me, self-evident: the regulator must think through, with all available data and in a systematic and disciplined way, all the intended and unintended consequences of a proposed rule. [read post]
26 May 2023, 7:00 am by Guest Author
Circuit’s exacting standard of review in Business Roundtable v. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
9 Mar 2023, 11:35 am by bndmorris
Beyer’s article Estate Planning Ramifications of Obergefell v. [read post]
26 Feb 2023, 6:00 am by Lawrence Solum
Second, the limits imposed by Rawls' ideal of public reason do not apply to all actions by the state or even to all coercive uses of state power. [read post]
30 Dec 2022, 9:05 pm by Series of Essays
Is the United States Over Overdraft Fees? [read post]
27 Dec 2022, 9:05 pm by Series of Essays
The ADA’s Power to Reduce Overdose Deaths in Prison September 22, 2022 | Erica V. [read post]
4 Jul 2022, 4:00 am by Howard Friedman
Cunningham, "Abortion" in the Founding Era: A Reply to Methodological Critiques of Miller & Bacallao, Justice Alito's Question, (Georgia State University College of Law, Legal Studies Research Paper Forthcoming).Cass R. [read post]