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13 Dec 2022, 5:53 am by Timothy Heinle
The focus here is on the effect of a person’s decisions—in other words, how well they can run their life. [read post]
12 Dec 2022, 12:11 pm by Ilya Somin
As noted in my previous post discussing Brown, I think the plaintiffs' standing argument in this case is weaker than the one in Biden v. [read post]
9 Dec 2022, 6:00 am by Guest Blogger
  This process of judicial nullification culminated in Plessy v. [read post]
9 Dec 2022, 4:00 am by Guest Author
This theory relates most closely to the now-common idea that delegation exists so that members can avoid responsibility for their choices, well represented in Gorsuch’s Gundy opinion and in many prominent academic accounts. [read post]
7 Dec 2022, 8:57 pm by Ronald Mann
Bradner) in which the Supreme Court applied that precise principle, as well as a more recent case under the Bankruptcy Code (Field v. [read post]
5 Dec 2022, 3:35 pm
Is that -- that's -- I'm just trying to make it -- because we've heard a lot of questions about, well, isn't she customizing it? [read post]
2 Dec 2022, 9:43 am by Guest Author
Brown & Williamson Tobacco Corp, where the MQD operates as a “carveout from Chevron deference. [read post]