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2 May 2014, 6:25 am
 And yet that is what the cross-state rule does in some cases. [read post]
10 Mar 2014, 8:46 am
If the Senate can make an end-run around the Origination Clause by substituting its own bill for something unrelated passed by the House, the clause does not serve its intended purpose. [read post]
11 Aug 2014, 5:27 pm
 Adam Liptak reports on a new paper by Cass Sunstein suggesting that greater unanimity on the Court does not necessarily enhance the legitimacy, stability, or certainty of the law. [read post]
1 Jun 2022, 6:57 am by Jonathan H. Adler
Congress does not appropriate funds for the operation of the PACER service. [read post]
22 Jan 2020, 2:22 pm by Jonathan H. Adler
In neither situation does the court apply a remedy in the sense of a judicial act that changes legal relations. [read post]
2 Jun 2022, 10:41 am by Jonathan H. Adler
It does not have the power to redefine what those guarantees are -- a power that would enable Congress to redefine the constitutional limits on its on authority. [read post]
18 Oct 2021, 6:02 am by Jonathan H. Adler
It is hard to know whether the typo has affected the outcome in subsequent cases, the erroneous quote does appear to have affected arguments made in various cases, and may have encouraged courts to reach stronger conclusions about the scope of property rights than the 1928 decision really supports. [read post]
23 Jan 2023, 5:56 pm by Jonathan H. Adler
Does the Massachsuetts Institute of Technology have a free speech problem? [read post]
30 Mar 2015, 7:06 am
But that is not what the text of the Indiana RFRA actually does. [read post]
17 Aug 2022, 12:35 pm by Jonathan H. Adler
Professor Sunstein rejects the Citizenship Clause argument, but it is worth noting nonetheless as an originalist argument for the result in Bolling that does not rest on Due Process. [read post]
17 Dec 2019, 4:47 am by Jonathan H. Adler
The vapor is inhaled by the user and is generally considered to be less harmful than the smoke from combustible cigarettes because the vapor does not contain the toxins that are found in tobacco smoke. [read post]
30 Jun 2014, 8:14 am
This does not mean the justices do not continue to disagree on many questions — of course they do. [read post]
14 Dec 2022, 6:15 am by Jonathan H. Adler
From the release: Direct Air Capture Commercial and Pre-Commercial Prize – DOE's Office of Fossil Energy and Carbon Management (FECM) is announcing the Direct Air Capture Prize for support and prize awards totaling $115 million to promote diverse approaches to direct air capture. [read post]
15 Jan 2022, 11:17 am by Jonathan H. Adler
But insofar as the original meaning of the Constitution does place limits on the delegation of legislative power, founding era characterizations and understandings would be more important than those of today. [read post]
8 Mar 2015, 6:08 pm by Kenneth Vercammen Esq. Edison
The presumption under subsection (f) does not apply if there is: (1) a court order under subsection (b); or(2) a signed record that satisfies subsection (e)(1). 66 (h) [When Posthumously Conceived Gestational Child Treated as in Gestation.] [read post]
22 Aug 2014, 1:34 pm
And here, as with the Medicaid expansion, it means that the PPACA does not operate as some had hoped. [read post]