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1 Jan 2017, 4:37 am by SHG
Jonathan Adler raises the irony of this midnight injunction. [read post]
22 Dec 2016, 10:40 am by Jonathan H. Adler
As I’ve argued before: Whether or not Mann’s work shows all that he has claimed is not the question, for the First Amendment protects robust discussion and debate of scientific matters and the freedom to express wrong-headed opinions in inartful ways. [read post]
21 Dec 2016, 7:57 am by Jonathan H. Adler
Since the election, many commentators have raised the alarm about post-election efforts by North Carolina Republicans to limit the power of the incoming governor — a Democrat — in a lame-duck legislative session. [read post]
21 Nov 2016, 4:15 pm by Jonathan H. Adler
Does it matter that the Trump kids, rather than President Trump himself, will be running the Trump enterprises? [read post]
14 Nov 2016, 10:32 am by Jonathan H. Adler
As a technical matter, Reid’s move (accomplished by a simple, party-line majority vote) left the filibuster in place for Supreme Court nominees, but there was little question that such a filibuster would not last. [read post]
31 Oct 2016, 8:20 am by Ilya Somin
Jonathan Adler notes some additional flaws in the deference theory here. [read post]
28 Oct 2016, 1:18 pm by Jonathan H. Adler
As a practical matter, this means that, in order to receive deference, agency interpretations should be the product of notice-and-comment rulemakings or other agency proceedings. [read post]
17 Oct 2016, 6:13 am by Jeff Welty
Both codes provide that judges can’t make public comments on pending matters, but may speak about the law and the legal system more broadly, as well as on non-legal subjects. [read post]
17 Oct 2016, 6:13 am by Jeff Welty
Both codes provide that judges can’t make public comments on pending matters, but may speak about the law and the legal system more broadly, as well as on non-legal subjects. [read post]
12 Oct 2016, 12:12 pm by Jonathan H. Adler
What this means, as a practical matter, is that future presidents will be able to ensure that the CFPB operates consistent with such administrations’ policy preferences. [read post]
30 Sep 2016, 7:03 pm
Amy Adler, New York University School of Law, has published The Pleasures of Punishment: Complicity, Spectatorship, and Abu Ghraib, in Photography in Punishment in Popular Culture 236 (Austin Sarat and Charles J. [read post]
22 Sep 2016, 5:00 am by Jonathan H. Adler
Yet where business interests are unable to marshal arguments that appeal to the justices’ underlying judicial philosophies, their odds are less favorable, no matter how much business groups may believe is at stake. [read post]
21 Sep 2016, 2:04 pm by Jonathan H. Adler
While the loss and eventual replacement of Scalia will matter for business-related cases, the effect may not be as large as some predict. [read post]
13 Sep 2016, 5:41 am by Jonathan H. Adler
(Short answer: The former has more problems than the latter, at least as a constitutional matter.) [read post]
7 Sep 2016, 10:14 am by David Post
I wanted to add a few words to co-blogger Jonathan Adler’s posting about the recent 6th Circuit decision in Doe v. [read post]
29 Aug 2016, 9:05 pm by Walter Olson
Quebec waiter arrested after seafood puts allergic customer in coma [CBC] Two Black Lives Matter groupings have issued agendas, one zany leftism, the other directed at nuts-and-bolts criminal justice system reform. [read post]
28 Aug 2016, 9:10 pm by Gene Takagi
 The Convention features Alicia Garza, Co-Founder of Black Lives Matter, as its keynote speaker. [read post]