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17 Aug 2023, 6:37 am by Haley Proctor
The decision by Judge Childs (joined by Judge Rogers*) seems potentially ground-breaking in that it endorses FERC’s position that “[w]hether to exercise primary jurisdiction is a matter solely within the Commission’s discretion. [read post]
17 Aug 2023, 6:37 am by Haley Proctor
The decision by Judge Childs (joined by Judge Rogers*) seems potentially ground-breaking in that it endorses FERC’s position that “[w]hether to exercise primary jurisdiction is a matter solely within the Commission’s discretion. [read post]
14 Aug 2023, 6:03 am by Eugene Volokh
Finally, our determination that the privilege can apply to Chapter 98B claims finds support, by analogy, from the Supreme Court's decision in Taylor v. [read post]
14 Aug 2023, 5:36 am by Guest Author
It has provided virtually no guidance on what it means for a matter to present a “major question,” it has provided little guidance on what it means for a matter to present a “major question,” it has provided little guidance on the degree of statutory specificity necessary to provide agency authority over a major question . . . . [read post]
8 Aug 2023, 2:01 pm by Laurence H. Tribe
I was discussing the specifics of Florida state law — not what federal law (or, for that matter, any other state’s law) requires or permits. [read post]