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28 Sep 2023, 7:15 am by Robin E. Kobayashi
WCAB panel decisions are citeable authority, particularly on issues of contemporaneous administrative construction of statutory language [see Griffith v. [read post]
28 Sep 2023, 6:56 am by Kevin LaCroix
ClientEarth v Shell’s Board of Directors Overseas, we saw a derivative action commenced in February 2023 by ClientEarth against Shell’s board of directors in the UK. [read post]
28 Sep 2023, 6:30 am by Guest Blogger
It is theoretically possible that the SCOTUS could draw nourishment from Ottawa to fatten up Chevron step two, in the same way that Justice Kagan rescued Auer deference from the hangman’s noose by giving it a highly contextual and reasoned structure in Kisor v Wilkie (see also the discussion of Chevron’s footnote 11 in the amicus brief of Professors Barnett and Walker). [read post]
28 Sep 2023, 5:00 am
” The contention that the school bus reversed was thought to be “speculative,” particularly since JML admitted that he didn’t see the bus reverse into his vehicle.There was no reversal there, at all ....# # #DECISIONL. 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]
27 Sep 2023, 6:17 am by Eric Goldman
For more on these topics, see my pieces: The Constitutionality of Mandating Editorial Transparency Zauderer and Compelled Editorial Transparency Amicus Brief in NetChoice v. [read post]