Search for: "Matter of Adler"
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3 Jul 2024, 10:36 am
So agency expertise still matters, but it does not offer agencies a trump card when statutory language is difficult to parse or somewhat unclear. delegating ultimate interpretive authority to agencies is simply not necessary to ensure that the resolution of statutory ambiguities is well informed by subject matter expertise. [read post]
15 Sep 2020, 6:22 pm
That matters because AEDPA's procedural rules have bite that Brecht lacks. [read post]
12 Oct 2021, 7:16 pm
"58 As the authors explained: "Our analysis suggests that it is not the act of listing itself that matters, but rather high levels of expenditures for recovery combined with listing. [read post]
26 Jun 2022, 7:35 am
It does not, as the Court's substantive due process cases suppose, "forbi[d] the government to infringe certain 'fundamental' liberty interests at all, no matter what process is provided. [read post]
7 Jun 2017, 12:41 pm
He is a partner at Schaerr Duncan LLP in D.C, where he litigates civil, constitutional, and administrative law matters in federal courts, including the Supreme Court. [read post]
6 Feb 2022, 8:03 am
In other words, although not actually a matter of judicial power, assessments were to be done in a judicial rather than a legislative spirit. [read post]
25 Jun 2015, 5:49 am
Yet, as a substantive matter, the combination is a dramatic shift in the law in a “liberal” direction. [read post]
1 May 2014, 5:26 pm
Now I admit this may be the sort of technical minutae that only matters to us admin-law-nerd-types (especially those of us that worked on briefs in American Trucking), but if you’re going to assail someone for their errors, I think it’s important to get the story right. [read post]
8 Jul 2020, 1:12 pm
The First Amendment protects the right of religious institutions "to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine. [read post]
10 Mar 2024, 7:51 am
When Do No Harm moved for a preliminary injunction, the district court dismissed the suit for lack of subject matter jurisdiction. [read post]
28 Sep 2017, 12:48 pm
What matters is the attorney’s professional conduct in handling such cases and the nominee’s capability of setting aside his or her personal preferences from the bench. [read post]
20 May 2019, 2:32 pm
So long as Congress investigates on a subject matter on which "legislation could be had," Congress acts as contemplated by Article I of the Constitution. [read post]
13 Dec 2020, 8:26 am
Judge Ludwig's opinion concludes: Plaintiff's Electors Clause claims fail as a matter of law and fact. [read post]
10 Oct 2020, 7:35 am
This procedure should apply now and in the future, no matter who lives in this house or who controls the Senate. [read post]
28 Nov 2023, 8:58 am
This is one of seveal significant adminsitrative law cases before the Court this term, and (despite the arcane subject matter) may be the case that garners the most attention. [read post]
17 Apr 2017, 5:26 pm
Does this matter? [read post]
8 Jul 2019, 8:09 pm
Several of the parties questioned whether the House of Representatives had standing to intervene (and with good reason), but this does not matter for the Fifth Circuit to have jurisdiction both because the federal government is still enforcing the ACA and because (as the plaintiff states conceded), the state intervenors almost certainly have standing as well. [read post]
14 Aug 2017, 10:13 am
As a practical matter, the federal government has neither the interest in policing nor the ability to police low-level infractions of federal drug laws. [read post]
8 Jun 2015, 5:43 pm
That a university could waste thousands of dollars in the process, only compounds the matter. [read post]
3 Jul 2024, 9:30 am
As for interlocutory review, our precedent recognizes that resolving certain legal issues before trial is necessary to safeguard important constitutional interests—here, Executive Branch independence on matters that Article II assigns to the President's discretion. [read post]
