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3 Jan 2024, 1:31 pm by Jonathan H. Adler
We do the same here with the expectation that FDA will give petitioners the benefit of a full and fair regulatory proceeding on remand, notwithstanding its prior promises to reject their applications no matter what. [read post]
26 Dec 2023, 2:34 pm by Jonathan H. Adler
Nor, for that matter, does a defendant have an adequate opportunity to assert constitutional violations in the state proceeding when the prosecution itself is the constitutional violation. [read post]
26 Dec 2023, 2:17 pm by Jonathan H. Adler
As we argue in the amicus brief, the law of transboundary pollution has always been a matter of general law, or, as modern jurists would put it, a matter of "federal common law. [read post]
19 Dec 2023, 11:11 am by Jonathan H. Adler
They contend that state law suits about interstate emissions are barred by federal common law as a jurisdictional matter, and therefore that the District's complaint must be understood as bringing a federal common law action. [read post]
11 Dec 2023, 7:56 am by Jonathan H. Adler
While she agreed that Acheson Hotels had become moot,  she wrote separately to note her objection to granting Munsingwear vacatur as a matter of course. [read post]
7 Dec 2023, 9:05 pm by renholding
Congress is permitted to delegate its legislative authority to administrative agencies because of the complexity of the matters that agencies regulate. [read post]
5 Dec 2023, 7:56 am by scottgaille
As an acquired skill, reading is initially effortful but becomes easier as we become fluent, recognizing words and building background knowledge of the matters discussed. [read post]
28 Nov 2023, 8:58 am by Jonathan H. Adler
This is one of seveal significant adminsitrative law cases before the Court this term, and (despite the arcane subject matter) may be the case that garners the most attention. [read post]
24 Nov 2023, 6:08 pm by Guest Author
Union Carbide, the Supreme Court found that Congress could create a private right “that is so closely integrated into a public regulatory scheme as to be a matter appropriate for agency resolution with limited involvement by the Article III judiciary. [read post]
17 Nov 2023, 3:00 am by Jim Sedor
National/Federal Trump Compares Political Opponents to ‘Vermin’ Who He Will ‘Root Out,’ Alarming Historians ABC News – Soo Rin Kim and Lalee Ibssa | Published: 11/13/2023 Donald Trump vowed to “root out” his political opponents, who he said “live like vermin” as he warned supporters that America’s greatest threats come “from within” – extreme rhetoric that echoes the words of fascist dictators like Adolf Hitler… [read post]
13 Nov 2023, 4:53 am by Beatrice Yahia
” Katya Adler and Toby Luckhurst reports for BBC News. [read post]
6 Oct 2023, 9:46 am by Jonathan H. Adler
As a matter of longstanding practice, every speaker has been a member, a tradition that dates to the First Congress (1789-91). [read post]
28 Sep 2023, 3:07 pm by Jonathan H. Adler
This matters because, whatever the risks of vaping, the use of vaping products is far less dangerous than smoking. [read post]
31 Aug 2023, 10:40 am by Jonathan H. Adler
—could try and sue to keep Trump of the ballot, but there are serious obstacles here as well including (again) that much ballot access is a matter of state law, which could cause federal courts to abstain from reaching the issue. [read post]
30 Aug 2023, 5:29 am by Legal Profession Prof
A Pennsylvania Hearing Committee has recommended a two-year suspension of an attorney for misconduct in several matters. [read post]