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20 Sep 2015, 8:10 am
While she continues to oppose enforcement of most substantive limits on federal power, she now endorses “second-order policing of federal-state bargaining,” such as Chief Justice John Roberts’ ruling in NFIB v. [read post]
2 Aug 2011, 1:48 pm by Bradley Joondeph
The second (raised only in Florida v. [read post]
14 Feb 2023, 11:21 am by Corbin K. Barthold
Kisor leans heavily, in its analysis, both on Chevron itself and on later opinions about the Chevron test, such as United States v. [read post]
22 Feb 2012, 4:18 am by Eoin Daly
On the one hand, this has broadly overlooked the peculiarly public role of those denominational schools recognised and funded by the State under the Education Act 1998 – in this light, they essentially represent the conduits for the provision of public education in this state, and should belong in the “public” sphere for constitutional purposes. [read post]
1 Mar 2020, 9:03 pm by Jonathan H. Adler
Indeed, just last term, in Gundy v. [read post]
27 Mar 2015, 2:02 pm
  The court only needed to consider three cases to determine that preemption did not bar plaintiffs’ claim:  Levine, Maya v. [read post]