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10 Feb 2024, 11:12 pm by Josh Blackman
Tillman and I discuss this history in depth in Part III of our series (pp. 387-390): The drafting history of the Appointments Clause is, admittedly, complex. [read post]
6 Feb 2024, 5:22 am by Eliav Lieblich
Second, the United States is not party to API, and the DoD Manual does not explicitly embrace the Fundamental Guarantees regime as binding. [read post]
3 Feb 2024, 8:34 am by Russell Knight
John Heart Clinic, S.C., 225 Ill. 2d 52, 70 (2006) A material breach is a big breach. [read post]
22 Jan 2024, 4:00 am by Brooke MacKenzie
Don’t panic Receiving a Law Society complaint does not mean you are a bad lawyer. [read post]
17 Jan 2024, 5:04 am by Guest Author
In other words, the Department of Commerce does not have the sort of rulemaking power that the EPA was given in the Clean Air Act and that was expressly exercised in writing the regulations sustained in Chevron. [read post]
10 Jan 2024, 2:12 pm by Guest Author
” Whether intended or not by Justice John Paul Stevens, who authored the unanimous opinion, the Chevron regime has come, over the years, to be viewed as significantly altering the then-existing understanding of the judiciary’s role in reviewing agency decisions. [read post]
23 Dec 2023, 12:38 pm by Michael Lowe
  The USSC is a part of the judicial branch; however, it does not answer to the courts. [read post]
16 Dec 2023, 4:37 am by Just Security
Does A Shift Towards ‘Peace Enforcement’ Spell a Death Knell for UN Peacekeeping? [read post]
13 Dec 2023, 9:05 pm by renholding
The assumption seems reasonable given that PitchBook does not report race. [read post]
11 Dec 2023, 9:01 pm by renholding
Key Takeaways Plaintiffs must prove actual unauthorized reproduction; mere usage of or reliance on an already trained model does not suffice for direct copyright infringement based on AI training. [read post]
8 Dec 2023, 8:50 am by Will Baude
Something like this argument can be found in John Harrison's article on Public Rights and Public Privileges. [read post]
5 Dec 2023, 9:01 pm by Michael C. Dorf
And even if it does, a flood of new cases could strain the federal district courts’ capacity.In light of the looming crisis in administration of federal law, what can be done? [read post]
4 Dec 2023, 8:11 am by Unknown
She met that challenge with undaunted determination, indisputable ability, and engaging candor,” said Chief Justice John G. [read post]