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21 Jun 2018, 7:58 am
(This matters because at the time of Lucia's case before the SEC, the ALJs had not been appointed in a manner consistent with that clause.) [read post]
18 Jun 2018, 6:32 pm
Defendant chose to represent his own office in this matter, and as such, had a duty to familiarize himself with the governing rules of procedure, and to ensure as the lead attorney on this case that his discovery obligations were satisfied despite his many duties as a busy public servant. [read post]
15 Jun 2018, 5:46 am
For decades, under both Republican and Democratic administrations, the Justice Department has maintained a particularly stingy view of Article III, raising questions about plaintiffs' standing as a matter of course. [read post]
14 Jun 2018, 6:52 am
And here is how we conclude: Although views on the merits of the ACA as a matter of law and policy vary widely, those positions are irrelevant to severability. [read post]
14 Jun 2018, 5:46 am
For decades, under both Republican and Democratic administrations, the Justice Department has maintained a particularly stingy view of Article III, raising questions about plaintiffs' standing as a matter of course. [read post]
11 Jun 2018, 8:35 pm
The reason the suit matters is because the states claim that the individual mandate – even now that it is unenforced and unenforceable – is inseverable from the rest of the ACA, so if the mandate is unconstitutional, the rest of the law must go with it. [read post]
11 Jun 2018, 3:44 pm
" As a general matter, I have been a fan of Calabresi's scholarship on many issues. [read post]
29 May 2018, 12:44 pm
The statutory claim was another matter. [read post]
24 May 2018, 5:00 am
A statement released by the court reads: Chief Judge Garland announced today that the Court has voted to live stream audio of all oral arguments, except when classified or sealed matters must be discussed. [read post]
18 May 2018, 3:56 am
Commissioner Terrell McSweeny, Holding the Line on Patent Holdup: Why Antitrust Enforcement Matters, Mar. 21, 2018. [read post]
7 May 2018, 6:50 am
I recognize that Congress does not always consider such matters, but if not, courts can often implement a more general, virtually omnipresent congressional purpose— namely, the creation of a well-functioning statutory scheme—by using a canon-like, judicially created construct, the hypothetical reasonable legislator, and asking what such legislators would likely have intended had Congress considered the question of delegating gap-filling authority to the agency. [read post]
30 Apr 2018, 8:42 am
If the agency does not yet have all the facts or is not yet committed to its position as a matter of statutory policy, perhaps it should finish the job before telling an industry to shutter its operations. [read post]
24 Apr 2018, 7:00 am
These and other considerations that must shape and instruct the formulation of principles of international and domestic law are matters that the political branches are in the better position to define and articulate. [read post]
20 Apr 2018, 4:48 am
Whether nationwide injunctions are appropriate in cases such as this are another matter. [read post]
18 Apr 2018, 4:08 am
Jonathan Kim and Eugene Temchenko have a preview at Cornell Law School’s Legal Information Institute. [read post]
10 Apr 2018, 6:18 am
That dragging would be a small matter in isolation, but it is of a piece with burgeoning, shortsighted modes of discourse that are corroding what few remaining ties bind the American center. [read post]
25 Feb 2018, 11:00 am
Legislative history can be particularly helpful when a statute is ambiguous or deals with especially complex matters. [read post]
15 Feb 2018, 9:58 am
Wolf, MD, PhD2,6; Douglas H. [read post]
15 Feb 2018, 5:59 am
She also has a penchant for commenting on current political controversies, including matters that could come before the court. [read post]
14 Feb 2018, 8:39 am
" The change in performance art from the fecal era to the present is yet another sign that no matter how low civilization goes, there is still room for further decline. [read post]
