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26 Jul 2018, 11:55 am by Christopher Walker
One final note: If Kavanaugh is concerned about administrative law’s political dynamics, the right prescription may be the opposite: Preserve a bright-line Chevron doctrine. [read post]
28 Jan 2011, 1:04 pm by axd10
Report of the Council to the membership of the American Law Institute on the matter of the death penalty (April 15, 2009). [read post]
3 Sep 2007, 10:55 am
Written by Chief Leafy seadragon Named after the dragons of Chinese mythology, Leafy seadragons (Phycodurus eques) resemble a piece of drifting seaweed as they float in the seaweed-filled water. [read post]
16 Jul 2020, 6:33 am by Phil Dixon
The matter was thus unanimously remanded for further proceedings on the plaintiff’s free speech claim. [read post]
20 Mar 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
The Seventeenth Amendment evinces a strong and general distrust of state legislatures’ motives and ability to represent statewide voters, and therefore lays down a bright-line allocation to governors (and corresponding exclusion of legislatures) of substantive decision-making power regarding temporary Senate appointments. [read post]
31 Oct 2019, 4:25 am by Orin S. Kerr
Supreme Court's guidance on probable cause that "rejected rigid rules, bright-line tests, and mechanistic inquiries in favor of a more flexible, all-things-considered approach. [read post]
20 Nov 2010, 12:09 pm by Kenneth Anderson
 But there are many extraordinarily bright and experienced finance experts, people who perhaps made some money on Wall Street and decided to do something more personally satisfying in the last fifteen years, who have been bringing an immense amount of sophistication to the problem of applying finance to development. [read post]
The negative prong of eugenic policy, as a matter of fact, was more promising than the positive one. [read post]
26 Jun 2008, 6:31 pm
There are undoubtedly plenty of other examples of "violation" claims without any close state-law analogs.In this respect, Buckman-style preemption of supposedly "parallel" violation claims is a lot like the requirement already imposed upon negligence per se claims as a matter of state law in a number of jurisdictions - that negligence per se cannot create novel state tort duties. [read post]
10 Feb 2012, 2:02 pm by Rebecca Tushnet
WIPIP/HoustonMy apologies—I was a bit sick so I missed some of the discussion.Mary LaFrance, Distinctly Personal: Trademarks in Individual NamesFight over registration of Cab Calloway’s name by competing groups of descendants. [read post]
23 Apr 2014, 2:35 pm
  The bright side in the Court’s decision is its clear statement that “[o]f course the victim should someday collect restitution for all her child pornography losses . . . . [read post]
18 Jun 2007, 7:36 pm
You can climb on a tree or stand in the doorframe of your car (the picture above was shot from the trail though).It is just a matter of deciding to go the extra few steps and climbing a nearby mountain to gain a slightly different perspective that may work much better. [read post]
8 Oct 2009, 10:02 pm
Meals Matter: Check out this site for a little help planning and preparing healthy, hearty meals. [read post]
21 Oct 2014, 12:09 pm by Clark
It doesn't matter if it's nice; it matters if it's effective. [read post]
2 Apr 2018, 3:50 am by Peter Mahler
Two of the panel’s seven judges dissented from this part of the court’s decision and would have disallowed the minority discount as a matter of law. [read post]