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7 Jul 2022, 2:05 pm
There are strong arguments that the narrow reading of Article 40.6.1(i) and the implication of an unenumerated right into Article 40.3.1 were unnecessary, and that all of the constitutional protections for freedom of speech should be (re-)integrated into Article 40.6.1(i) (see Tom Daly “Strengthening Irish Democracy: A Proposal to Restore Free Speech to Article 40.6.1(i) of the Constitution” (2009) 31 Dublin University Law Journal (ns) 228 (academia); Robert Noonan… [read post]
6 Jul 2022, 11:33 am
This doctrine requires agencies who undertake large-scale regulatory initiatives that have broad impact to point to “clear congressional authority to regulatory” in the manner proposed by the agency. [read post]
6 Jul 2022, 7:11 am
To be sure, the Roberts Court has been chipping away at that deference rule for years. [read post]
6 Jul 2022, 7:02 am
(discussing displacement of Native American tribes); id. at 2483-85 (Roberts, J., dissenting)(same); Johnson v. [read post]
5 Jul 2022, 9:01 pm
Sundance, Inc., the Court held that a party waives its right to compel arbitration by acting in a manner inconsistent with its arbitration rights, even if the party opposing arbitration has suffered no prejudice. [read post]
5 Jul 2022, 6:03 am
Special Envoy for Iran Robert Malley said that he was “not particularly optimistic, to put it mildly,” of success in negotiations with Iran but insisted nevertheless that continued diplomacy remains the best option for the United States. [read post]
4 Jul 2022, 9:05 pm
”[17] This is language asking the Court to interpret the Major Questions doctrine very broadly and in a manner that would limit Congress’ power as well as that of an agency. [read post]
3 Jul 2022, 7:15 am
we must be guided to a degree by common sense as to the manner in which Congress is likely to delegate a policy decision of such economic and political magnitude to an administrative agency. [read post]
30 Jun 2022, 10:13 am
’” “Congress did not,” Roberts concluded, “intend section 1225(b)(2)(C) to tie the hands of the Executive in this manner. [read post]
30 Jun 2022, 8:59 am
While this type of regulation has not been directly scrutinized by the courts, there are reasons to believe it would survive if framed as a “sensitive place” regulation or “time, place, and manner” restriction. [read post]
30 Jun 2022, 7:05 am
[Chief Justice Roberts writes for a six-justice majority in West Virginia v. [read post]
29 Jun 2022, 11:24 pm
While serving, Torres was exposed to toxic burn pits, a method of garbage disposal that sets open fire to all manner of trash, human waste, and military equipment. [read post]
28 Jun 2022, 11:34 am
Kavanaugh and Roberts went out of their way to reiterate these limitations. [read post]
28 Jun 2022, 10:48 am
The majority not only repudiates Roe and Casey, but does so in a gratuitously insulting manner, mocking Roe’s language and ridiculing its reasoning. [read post]
28 Jun 2022, 8:42 am
Zelon of the 2nd District Court of Appeal and Orange County Superior Court Judge Robert J. [read post]
28 Jun 2022, 5:58 am
It may not have done so in the manner that a court would, with a detailed and nuanced exposition on the requirements for permitting warrantless searches and how it tracking regime is consistent with those requirements. [read post]
27 Jun 2022, 11:30 am
APCC Services, Inc. (2008) (Roberts, C. [read post]
27 Jun 2022, 10:29 am
Kavanaugh, Roberts, and Alito went out of their way to reiterate these limitations. [read post]
26 Jun 2022, 9:00 pm
It fosters “evenhanded” decision making by re- quiring that like cases be decided in a like manner. [read post]
24 Jun 2022, 9:10 pm
Petitioners Brandon Koch and Robert Nash are adult, law-abiding New York residents who both applied for unrestricted licenses to carry a handgun in public based on their generalized interest in self-defense. [read post]
