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3 Oct 2023, 6:30 am by Guest Blogger
That is, the court held that where the legislature granted wide discretion to the agency, such as to “have regard to” stated factors in taking a decision, a court should go no further than ensuring that the agency, in fact, has taken account of the stated factors and “struck a reasonable equilibrium between them”. [read post]
28 Sep 2023, 9:02 pm by Josephine A. Phillips
The Office emphasized that this change is needed in light of the landmark Obergefell v. [read post]
28 Sep 2023, 4:00 am by Anil Kalhan
Ultimately, of course, the Supreme Court vacated the Trump administration’s rescission of DACA in 2020 when—by a 5-4 margin, with Chief Justice John Roberts writing for the majority—it decided Department of Homeland Security v. [read post]
27 Sep 2023, 8:00 am by Guest Blogger
More specifically, in his opinion last Term dissenting from a denial of cert in Buffington v. [read post]
24 Sep 2023, 9:01 pm by renholding
Geopolitical tensions and strategic competition between the United States and China have increasingly influenced the investment landscape in recent years, implicating established regulatory frameworks such as that of the Committee on Foreign Investment in the United States (“CFIUS”), as well as driving non-traditional government actors to take action. [read post]
15 Sep 2023, 10:26 am by Daniel J. Gilman
After all, Apple—also larger than Google—has about 57% market share of mobile-phone sales in the United States, and about a 55% share of tablet sales. [read post]
14 Sep 2023, 6:00 am by Tad Lipsky
In the midst of presidential primary season, a targeted political challenge to the prevailing economic approach to antitrust first came to light. [read post]
13 Sep 2023, 5:38 am by Stephen E. Sachs
While looking for something else, I recently came across some material that might shed new light on the ERA's validity. [read post]
11 Sep 2023, 9:01 pm by Michael C. Dorf
As the Supreme Court stated in the 1868 case of Texas v. [read post]