Search for: "Matter of Jonathan H."
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28 Sep 2023, 3:07 pm
This matters because, whatever the risks of vaping, the use of vaping products is far less dangerous than smoking. [read post]
26 May 2021, 6:07 am
With only three months until the proffered resolution date, the district court should treat this matter expediently and hold a hearing to determine what remedy (if any) is appropriate. [read post]
8 Mar 2017, 6:22 am
I have only respect and best wishes for those who agree to serve despite the deterioration of the confirmation process over the years, but everyone who knows me in this town knows that I would never accept a job that requires Senate confirmation or, for that matter, willingly place myself in any situation (e.g., a hearing room) in which convention requires that I be civil to Chuck Schumer. [read post]
3 Aug 2022, 8:20 am
It also missed an opportunity to refocus the major questions doctrine on what really matters in cases like this: What power to Congress delegate to the agency. [read post]
12 Dec 2022, 2:57 pm
The Administrative Procedure Act ("APA") enshrines this principle by explicitly withholding judicial review of matters "committed to agency discretion by law. [read post]
2 May 2014, 8:54 am
We read §109, which was silent on the matter, to prohibit Agency reliance on cost considerations. [read post]
4 Mar 2022, 9:33 am
This authority permits federal courts to handle a range of matters, big and small, that fall in the gaps of governing statutes and formally adopted procedural rules. . . .But here, the First Circuit did not adopt a rule regulating its own proceedings—it adopted a blanket rule that all district courts in its jurisdiction must follow on pain of reversal. [read post]
25 Jun 2023, 12:06 pm
Judge Sentelle summarized it as follows: Appellants, individual protestors and Black Lives Matter D.C., brought these consolidated actions against federal law enforcement officers, alleging that officers' actions in clearing protestors from Lafayette Park in June 2020 violated their First, Fourth, and Fifth Amendment rights and seeking damages under Bivens v. [read post]
28 Feb 2023, 12:21 pm
The Court agrees with Bittner and holds that the failureto file a legally compliant form is a single violation, no matter how many accounts a citizen fails to report. [read post]
21 Oct 2022, 1:20 pm
The biggest problem, as suggested above, is that the IWG's Social Cost of Carbon estiamte does not, by itself, cause any cognizable injuries, and is not certain to cause any such injuries in the future, as the estimates (even if relied upon by agencies as the President has instructed), will be one of multiple factors influencing agency decisions, and it will be actual agency decisions about discrete matters that will be the source of any injury the states ultiamtely suffer. [read post]
30 Aug 2024, 8:27 am
Some may even think this approach makes sense as a matter of reducing legal risk, given the existence of federal civil rights laws and the like. [read post]
27 Aug 2024, 11:38 am
If the State prefers as a matter of policy to discontinue assistance with the enforcement of valid federal firearms laws, then it may do so by other means that are lawful, and assume political accountability for that decision.The post Eighth Circuit Rejects Missouri's Second Amendment Preservation Act appeared first on Reason.com. [read post]
16 Sep 2024, 12:50 pm
That should have been the end of the matter—but it wasn't. [read post]
2 Nov 2009, 1:21 pm
E.g, H. [read post]
15 Nov 2010, 11:44 am
ADMINISTRATIVE LAW.Cannon, Jonathan. [read post]
11 Jun 2018, 8:35 pm
The reason the suit matters is because the states claim that the individual mandate – even now that it is unenforced and unenforceable – is inseverable from the rest of the ACA, so if the mandate is unconstitutional, the rest of the law must go with it. [read post]
22 Dec 2016, 10:40 am
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]
25 May 2023, 1:33 pm
" He writes: In sum, we hold that the CWA extends to only those wetlands that are "as a practical matter indistinguishable from waters of the United States. [read post]
19 Aug 2021, 2:09 pm
[Two professors have proposed using the CRA to authorize agency actions and avoid the filibuster. [read post]
24 Jun 2014, 8:29 pm
In late 2011 an intra-sect feud within an Amish community in eastern Ohio became violent as followers of Samuel Mullet Sr. assaulted several of their co-religionists because they were “Amish hypocrites. [read post]
