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Some have argued that, because the Nation’s approach to climate change is politically contested,[1] and since these matters affect major policy questions over which Congress has not granted the SEC new, explicit powers, the Commission lacks authority to require disclosure in this area.[2] For the reasons given below, the Commission should disregard these claims, focusing instead on the challenging policy choices that any finalization of the proposal would require. [read post]
16 Jun 2022, 9:05 pm by Nabil Shaikh
Richman noted that in Gundy v. [read post]
16 Jun 2022, 9:45 am by John Ellis
On June 15, 2022, the United States Supreme Court issued its much anticipated decision in Viking River Cruises, Inc. v. [read post]
16 Jun 2022, 8:45 am by Jonathan H. Adler
Most of these strategies would require particularly aggressive assertions of executive power. [read post]
16 Jun 2022, 4:00 am by Sherry F. Colb
Such power resembles that of the commanders in A Handmaid's Tale, and it is the law that grants that power. [read post]
15 Jun 2022, 11:34 am by Jonathan H. Adler
Otherwise stated, HHS's power to increase or decrease the price is distinct from its power to set different rates for different groups of hospitals. [read post]
15 Jun 2022, 7:50 am by Josh Blackman
In the end, however, we find no evidence Congress endowed state law with anything like the power Texas claims. [read post]
15 Jun 2022, 4:49 am by Bernard Bell
But, the panel observe, non-state plaintiffs were not entitled to the same solicitude. [read post]
15 Jun 2022, 4:30 am by Lawrence Solum
  Here is the abstract: This short essay argues that the congruence and proportionality test of City of Boerne v. [read post]