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4 Nov 2021, 6:55 am by Jonathan H. Adler
[The federal standard contains some carve outs that were not part of the White House announcement, likely to help insulate rule from legal challenge.] [read post]
31 Oct 2021, 2:35 pm by Ilya Somin
Fortunately, an amicus brief filed by the Firearms Policy Coalition (which got involved because of the potential threat to Second Amendment rights), offers a simple way to resolve the problem (see also Jonathan Adler's post about the brief): Laws that deter or chill the exercise of constitutional rights violate those rights. [read post]
31 Oct 2021, 9:48 am by Jonathan H. Adler
[However the Supreme Court handles the S.B. 8 litigation, it may unleash mischief in other policy areas.] [read post]
29 Oct 2021, 2:03 pm by Jonathan H. Adler
[A surprising grant of certiorari places a high-stakes regulatory case on the Court's docket, with profound implications for EPA authority to regulate greenhouse gases.] [read post]
27 Oct 2021, 4:02 pm by Jonathan H. Adler
[Yesterday's decision eviscerated the Food and Drug Administration for its arbitrary and capricious handling of vaping product applications ] In 2016 the Food & Drug Administration "deemed" electronic cigarettes, vaping pens, and other electronic Nicotine delivery systems ("ENDS") to be "tobacco products" under the Family Smoking Prevention and Tobacco Control Act. [read post]
27 Oct 2021, 7:24 am by Jonathan H. Adler
[Nuisance claims may not be a particularly effective way to address the problem of climate change, but federal law does not preempt state common law nuisance claims seeking compensatory damages.] [read post]
24 Oct 2021, 5:27 pm by David Oscar Markus
  Jonathan Adler explains it here:The Supreme Court has been utilizing a new oral argument format this term. [read post]
22 Oct 2021, 2:34 pm by Howard Wasserman
Jonathan Adler writes about an amicus brief from the Firearms Policy Coalition supporting Whole Woman's Health cert petition (which the Court granted). [read post]
22 Oct 2021, 8:40 am by Jonathan H. Adler
[The gun rights group has filed a brief supporting the petition for certiorari in one of the cases challenging the controversial Texas abortion law.] [read post]
21 Oct 2021, 8:02 am by Bridget Dooling
As Jonathan Adler and Lindsay Wiley have pointed out, the nexus to the workplace needs to be very clear; OSHA’s authority covers workplace health and safety in particular, rather than public health in general. [read post]
19 Oct 2021, 6:51 am by Jonathan H. Adler
[Congress prepares to assert its investigative authority.] [read post]
18 Oct 2021, 6:02 am by Jonathan H. Adler
[Adam Liptak reports on a Supreme Court typo that was quickly fixed, but lives on nonetheless. ] Supreme Court slip opinions sometimes contain typos. [read post]
14 Oct 2021, 9:09 am by Jonathan H. Adler
[A state court has apparently placed a cap on UC Berkeley enrollment increases due to inadequate environmental review.] [read post]
14 Oct 2021, 8:07 am by Jonathan H. Adler
[A few Volokh Conspirators are among the most cited legal scholars in their fields.] [read post]
14 Oct 2021, 6:52 am by Jonathan H. Adler
[Without attention to the onerous permitting process for offshore wind and other energy projects, efforts will be plagued by costly delays.] [read post]