Search for: "MATTER OF J.L." Results 21 - 40 of 229
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18 Aug 2022, 12:26 pm by Josh Blackman
It begins: The majority opinion's footnoted response to this dissent is unresponsive on this score: Lacking Supreme Court case law restricting federal courts' exercise of personal jurisdiction under the Fifth Amendment, NYK must convince us, as a matter of text, history, and structure, that the Fifth Amendment's Due Process Clause merely mimes the Fourteenth's as to personal jurisdiction. [read post]
20 May 2022, 1:56 pm by David Kopel
[A reply to Professor Andrew Koppelman] In the Arizona Law Review, Professor Andrew Koppelman asks the provocative question Why Do (Some) Originalists Hate America? [read post]
5 May 2022, 4:11 am by SHG
” Josh Blackman, Originalism and Stare Decisis in the LowerCourts, 13 NYU J.L. [read post]
3 Apr 2022, 6:00 am by Lawrence Solum
Margolis, PATH DEPENDENCE, LOCK-IN, AND HISTORY, 11 J.L. [read post]
19 Mar 2022, 2:09 pm by admin
” In other words the FDA’s risk assessment exists to guide agency action, not to determine a person’s risk or medical status.[10] As small and theoretical as the risks are, they are frequently based upon demonstrably incorrect assumptions, such as: humans are as sensitive as the most sensitive species; all organs are as sensitive as the most sensitive organ of the most sensitive species; the dose-response in the most sensitive species is a simple linear relationship; the linear… [read post]
20 Jan 2022, 9:03 pm by Carl Custer
” Ewen Todd in an email exchange wrote, “Some authors call this the anchoring effect where we tend to go back to our culture roots no matter what information we are given. [read post]
18 Oct 2021, 7:22 am by Eugene Volokh
"[18] Again, in the related area of prohibitions on public employment discrimination based on political ideas, "political ideas" has been defined to include any "matter of public concern as to how government should be conducted. [read post]
6 Oct 2021, 2:31 pm by Eugene Volokh
And nothing in that rule requires amici to have a "legally cognizable interest" in the matter. [read post]