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4 Feb 2024, 6:29 pm
Before I address this argument, it’s important to note that Trump’s counsel Jonathan Mitchell appears to have abandoned two other insurrection-related arguments that Trump made in the Colorado courts: (i) that the violence at the Capitol on January 6 did not constitute an “insurrection” at all; and (ii) that inciting or aiding an insurrection doesn’t constitute “engaging in” it. [read post]
3 Feb 2024, 11:29 am
The administrative state was able to operate before Chevron was decided (and before it was made the basis of a doctrine), and the administrative state will persist no matter how these cases are resolved. [read post]
29 Jan 2024, 3:42 pm
As a constitutional matter, this is not true. [read post]
27 Jan 2024, 6:00 am
… [H]igh-profile individuals have basically virtual corporations. [read post]
14 Jan 2024, 9:53 am
The process of any of claims 1 to 8, wherein in (b), the zeolitic material is treated with the liquid aqueous system for a period in the range of from 0.5 h to 24 h, preferably from 1 h to 18 h, more preferably from 6 h to 10 h. 11. [read post]
14 Jan 2024, 5:01 am
First, this litigation involves matters that are highly sensitive and of a personal nature. [read post]
9 Jan 2024, 12:05 pm
Jonathan F. [read post]
3 Jan 2024, 1:31 pm
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]
31 Dec 2023, 5:12 am
The Last Chance for a Two-State Solution for Israelis and Palestinians May Be to Think Much Bigger by Jonathan Panikoff 7. [read post]
26 Dec 2023, 2:34 pm
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
I am grateful to Professor Jonathan Adler for agreeing to publish my response to his blog post on API v. [read post]
19 Dec 2023, 11:11 am
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]
12 Dec 2023, 8:16 pm
Choi, Jonathan H. and Monahan, Amy and Schwarcz, Daniel, Lawyering in the Age of Artificial Intelligence (November 7, 2023). [read post]
11 Dec 2023, 7:56 am
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]
10 Dec 2023, 1:27 pm
But he thinks that does not matter. [read post]
28 Nov 2023, 8:58 am
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
Jonathan Wiersema: Agency adjudication has proliferated in the last century. [read post]
22 Nov 2023, 6:31 am
Schanzenbach and Robert H. [read post]
22 Nov 2023, 6:31 am
Schanzenbach and Robert H. [read post]
22 Nov 2023, 4:46 am
Laura Hülsemann reports for POLITICO. [read post]
