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14 Aug 2023, 5:36 am
If you’re having trouble understanding the difference, Josh Chafetz has the best articulation of the “strong” version of the MQD: “If a majority of justices determine that eating an ice cream cone is a major question, then it is not enough that Congress has empowered the agency to ‘eat any dessert it chooses. [read post]
25 Jul 2023, 7:39 am
Jacobson, 6 F.3d 233, 238 (4th Cir. 1993); In re Sealed Case, 931 F.3d 92, 97 (D.C. [read post]
2 Jul 2023, 3:46 pm
In Coster v. [read post]
30 Jun 2023, 4:31 pm
L.J. 967 (2021) [read post]
26 Jun 2023, 9:01 pm
”[2] The time is indeed ripe for us to re-examine how we assess bank mergers under the statutory framework that Congress has enacted. [read post]
12 Jun 2023, 1:09 pm
In scientific publishing, when scientists make a mistake, they publish an erratum or a corrigendum. [read post]
12 Jun 2023, 12:53 am
Swift J found that a new appeal would simple re-run arguments which had already been made. [read post]
15 May 2023, 9:30 pm
This post, by Karen Tani (University of Pennsylvania), is the fifth in a series of posts in which legal historians reflect on Outside In: The Oral History of Guido Calabresi (Oxford University Press), by Norman I. [read post]
3 May 2023, 9:05 pm
L.J. [read post]
21 Apr 2023, 11:48 am
”Justia COVID-19 Laws and Legal ResourcesJustia 50-State COVID-19 ResourcesCongressional Research Service COVID-19 ResourcesOxford’s Summary of State-Specific Government Response to COVID-19 in the US 2020/2021 — Washington (March 2023)MRSC Emergency Powers in Washington State, Post COVID-19Washington Courts’ Court Recovery Task ForceRe-Imagining Our Courts: Pandemic Response and Recovery Lead Courts Into the Future (Court Recovery Task… [read post]
13 Apr 2023, 7:11 am
I thought I'd pass along a long excerpt from this amicus brief, which my students Samantha Frazier, Katelyn Taira, and Jacob Haas and I wrote on behalf of the First Amendment Coalition and myself; for more on the decision below, which indeed rejected pseudonymity, see here. [* * *] Summary of Argument John Doe is trying to punish Jane Doe … for accusing him of sexual assault. [read post]
10 Apr 2023, 7:38 am
L.J. 309 (1991); Nicholas J. [read post]
9 Mar 2023, 11:35 am
Re, Personal Precedent at the Supreme Court, 136 Harv. [read post]
3 Mar 2023, 7:32 am
" Jeannie Suk, Criminal Law Comes Home, 116 YALE L.J. 2, 62 n.257 (2006). [read post]
15 Feb 2023, 12:49 am
30-34 Choi, Sung-Soo “Review of the several issues of the Convention on the Recognition and Enforcement of Foreign Judgments”, Gachon Law Review 14 (2021), pp. 37-68 (available here) Clavel, Sandrine ; Jault-Seseke, Fabienne “La convention de La Haye du 2 juillet 2019 sur la reconnaissance et l’exécution des jugements étrangers en matière civile ou commerciale : Que peut-on en attendre ? [read post]
13 Feb 2023, 9:59 am
[Guidance for judicial examination of legal history.] [read post]
6 Feb 2023, 1:37 pm
In 2002, after a series of accounting scandals involving Enron and WorldCom, Congress swiftly passed the Sarbanes-Oxley Act in an effort to restore investors’ confidence in the market. [read post]
31 Jan 2023, 2:27 pm
, 66 Res Gestae 12 (2022). [read post]
25 Jan 2023, 11:37 am
Insofar as Section 14-51.1 codified a defense against burglary, it was placed reasonably enough in Chapter 14, Article 14 (re burglary). [read post]
24 Jan 2023, 9:52 am
This checkpoint-driven approach destroys the seamless web, where we’re used to clicking back-and-forth freely. [read post]
