Search for: "Matter of Jonathan H."
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28 Dec 2016, 7:12 am
This matters because SEC ALJs are not so appointed. [read post]
22 Dec 2016, 10:40 am
As I’ve argued before: Whether or not Mann’s work shows all that he has claimed is not the question, for the First Amendment protects robust discussion and debate of scientific matters and the freedom to express wrong-headed opinions in inartful ways. [read post]
21 Dec 2016, 7:57 am
Since the election, many commentators have raised the alarm about post-election efforts by North Carolina Republicans to limit the power of the incoming governor — a Democrat — in a lame-duck legislative session. [read post]
30 Nov 2016, 9:01 pm
Republicans were threatening to prevent the president from carrying out the very laws that they themselves had passed, but no matter. [read post]
28 Nov 2016, 1:53 pm
The following is a series of questions posed by Ronald Collins on the occasion of the publication of “Business and the Roberts Court” (Oxford University Press, 2016, pp. 342), edited by Jonathan H. [read post]
21 Nov 2016, 4:15 pm
Does it matter that the Trump kids, rather than President Trump himself, will be running the Trump enterprises? [read post]
14 Nov 2016, 10:32 am
As a technical matter, Reid’s move (accomplished by a simple, party-line majority vote) left the filibuster in place for Supreme Court nominees, but there was little question that such a filibuster would not last. [read post]
31 Oct 2016, 8:20 am
Jonathan Adler notes some additional flaws in the deference theory here. [read post]
28 Oct 2016, 1:18 pm
As a practical matter, this means that, in order to receive deference, agency interpretations should be the product of notice-and-comment rulemakings or other agency proceedings. [read post]
12 Oct 2016, 12:12 pm
What this means, as a practical matter, is that future presidents will be able to ensure that the CFPB operates consistent with such administrations’ policy preferences. [read post]
22 Sep 2016, 5:00 am
Yet where business interests are unable to marshal arguments that appeal to the justices’ underlying judicial philosophies, their odds are less favorable, no matter how much business groups may believe is at stake. [read post]
21 Sep 2016, 2:04 pm
While the loss and eventual replacement of Scalia will matter for business-related cases, the effect may not be as large as some predict. [read post]
13 Sep 2016, 5:41 am
(Short answer: The former has more problems than the latter, at least as a constitutional matter.) [read post]
24 Aug 2016, 6:00 am
Again, my point here is not to resolve all of the relevant issues, but merely to make the simple point that arguing ” ‘sex’ means ‘sex’ ” is not sufficient to end the matter. [read post]
21 Jul 2016, 1:54 pm
Relief in equity was not viewed as a matter of right but was deemed as subject to the discretion of the court. [read post]
14 Jul 2016, 10:00 am
Nevertheless, today’s majority reverses that determination, citing as justification only a vague privacy interest in inherently non-private matters. [read post]
14 Jul 2016, 9:45 am
Asked to comment on the matter, Justice Stephen Breyer said,”If I had an opinion, I wouldn’t express it. [read post]
12 Jul 2016, 12:26 pm
Clinton election litigation, Ginsburg has taken decisive action to ensure that she would be under an obligation to recuse herself from any case that involves Trump’s political fortunes (or, for that matter, private fortunes, as there’s plenty of litigation concerning that already). [read post]
11 Jul 2016, 3:17 pm
In other words, this is a question for the Republican Party to decide, and not a matter under the control of state legislatures. [read post]
1 Jul 2016, 9:56 am
Despite the complex subject matter, the D.C. [read post]
