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22 Feb 2016, 1:48 pm by Jonathan H. Adler
But while that may make sense, as a policy matter, that’s not the line that the text of the CWA draws. 33 U.S.C. [read post]
9 Feb 2016, 4:36 pm by Jonathan H. Adler
As a practical matter, this stay means that the EPA may not continue to take any actions to implement or enforce the CPP pending the resolution of the state and industry challenge to the rule. [read post]
19 Jan 2016, 1:02 pm by Jonathan H. Adler
How one characterizes the administration’s actions matters for administrative law purposes because it affects both (a) what procedures the administration was required to go through to make the policy change, and (b) whether the administration’s action is the sort of final agency action that is reviewable in court. [read post]
15 Jan 2016, 10:03 am by Jonathan H. Adler
What matters for present purposes is that Chevron has no role to play in construing hybrid statutes. [read post]
15 Jan 2016, 6:29 am by Jonathan H. Adler
Hyman and Michael Ramsey have additional thoughts on the matter, with a focus on Laurence Tribe’s analysis. [read post]
7 Jan 2016, 6:00 am by Jonathan H. Adler
Whether Cruz should be elected president, on the other hand, is another matter, and one that voters will get to decide. [read post]
2 Jan 2016, 2:51 pm by Thaddeus Mason Pope, J.D., Ph.D.
  Rather, principles of statutory construction, stripped of the presumption’s “tradition” gloss, adequately and accurately reflect allocate regulatory authority over matters of health a [read post]
14 Dec 2015, 8:15 am by Jonathan H. Adler
As a final matter, this Court again advises the Court of Appeals that the provisions of AEDPA apply with full force even when reviewing a conviction and sentence imposing the death penalty. [read post]
11 Dec 2015, 8:26 am by Jonathan H. Adler
In the wake of campus protests against institutional racism, a law student penned a provocative op-ed in a national newspaper expressing sympathy with the Black Lives Matter movement. [read post]
30 Nov 2015, 9:12 am by Jonathan H. Adler
I should add that the wayward 6th Circuit judges may be correct as a policy matter. [read post]
24 Nov 2015, 9:05 am by Jonathan H. Adler
” We, the Princeton Open Campus Coalition, refuse to let our peers be intimidated or bullied into silence on these–or any–important matters. [read post]
9 Nov 2015, 6:11 am by Jonathan H. Adler
If the Senate panel recommends Kane’s removal, the matter will go to the full state Senate, where a two-thirds vote will be required to remove her from office. [read post]
1 Nov 2015, 9:36 am by Jonathan H. Adler
In many cases, the subject matter and methodology of conservative scholarship is simply of no interest to those on the left (and probably vice-versa). [read post]
28 Oct 2015, 7:14 am by Jonathan H. Adler
On CNN.com, John McWhorter discusses the Venker disinvitation and the errors of those who seek to make colleges a “safe space” devoid of substantial disagreement on certain matters. [read post]
25 Oct 2015, 11:12 am by Cynthia Marcotte Stamer
Why Privacy Matters – The first in the series of explainers from Zero Knowledge Privacy Foundation. [read post]
22 Oct 2015, 5:06 am by Jonathan H. Adler
Do not be swayed by groupthink no matter what your friends, your family or the culture believe. [read post]