Search for: "Matter of Adler"
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2 May 2016, 8:54 pm
Court decided as a matter of law there was no red flag knowledge, turning statute into pure notice and takedown which was specifically rejected. [read post]
19 Apr 2016, 8:00 am
What matters is whether property has been “taken,” not whether the owner still has the use of the lot next door. [read post]
18 Apr 2016, 5:16 am
This would, in effect, turn the matter over to the next administration and leave open the possibility that the dispute over immigration reform could be resolved by the political process. [read post]
15 Apr 2016, 7:06 am
Trust me–at the rate these companies are going, it’s only a matter of time until it happens to you if it hasn’t already. [read post]
15 Apr 2016, 7:06 am
Trust me–at the rate these companies are going, it’s only a matter of time until it happens to your city if it hasn’t already. [read post]
11 Apr 2016, 7:50 am
In other cases, the Senate has refused to act for reasons that have nothing to do with the nominee, such as a belief that a position need not be filled, disagreement with the president on some other matter, for political leverage, or even to keep a seat vacant until after an intervening election. [read post]
9 Apr 2016, 12:36 pm
Should that matter? [read post]
1 Apr 2016, 7:52 am
Given how rarely this occurs, one suspects that, at many universities, diversity of viewpoint does not matter all that much, and that is a shame. [read post]
21 Mar 2016, 11:10 am
To make matters worse, the Commonwealth chose to deploy its prosecutorial resources to prosecute and convict her of a criminal offense for arming herself with a nonlethal weapon that may well have saved her life. [read post]
16 Mar 2016, 10:57 am
Adler has pointed out, the Senate’s power to advise and consent on judicial nominees does not give the Senate any obligation to exercise that power in any given way. [read post]
15 Mar 2016, 7:46 pm
If we look at other constitutional settings in which one entity must consent to the proposal of another actor before the proposal can take legal effect, we have as a general matter not inferred any duty on the part of the second actor to do anything. [read post]
22 Feb 2016, 1:48 pm
But while that may make sense, as a policy matter, that’s not the line that the text of the CWA draws. 33 U.S.C. [read post]
9 Feb 2016, 4:36 pm
As a practical matter, this stay means that the EPA may not continue to take any actions to implement or enforce the CPP pending the resolution of the state and industry challenge to the rule. [read post]
3 Feb 2016, 6:38 am
No matter. [read post]
27 Jan 2016, 7:33 am
Law still matters; it’s not politics all the way down. [read post]
19 Jan 2016, 1:02 pm
How one characterizes the administration’s actions matters for administrative law purposes because it affects both (a) what procedures the administration was required to go through to make the policy change, and (b) whether the administration’s action is the sort of final agency action that is reviewable in court. [read post]
18 Jan 2016, 4:08 am
At Volokh Conspiracy, Jonathan Adler explains. [read post]
15 Jan 2016, 10:03 am
What matters for present purposes is that Chevron has no role to play in construing hybrid statutes. [read post]
15 Jan 2016, 6:29 am
Hyman and Michael Ramsey have additional thoughts on the matter, with a focus on Laurence Tribe’s analysis. [read post]
11 Jan 2016, 5:00 am
(2) We’ve also expanded subject matter to cover things that are supposed to be protectable only in part—utilitarian articles for ©; product configuration for TM. [read post]
