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17 Jan 2024, 5:04 am
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
” As I was saying. . .at least I was in good company. [read post]
9 Jan 2024, 12:05 pm
John F. [read post]
9 Jan 2024, 11:54 am
I. [read post]
23 Dec 2023, 12:38 pm
The USSC is a part of the judicial branch; however, it does not answer to the courts. [read post]
19 Dec 2023, 6:30 am
It does not seem so. [read post]
11 Dec 2023, 9:01 pm
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
This seems basically right to me, and it is what the Court has said in prior cases and what I have written in Adjudication Outside Article III. [read post]
5 Dec 2023, 9:01 pm
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
I disagree,” wrote Justice Thomas. [read post]
30 Nov 2023, 4:28 am
But when Congress has created a new right, a new duty, you know, the duty that exists under the Securities and Exchange Act, that is created by law, I thought Atlas Roofing was saying you’re not worried about stealing a common-law claim and putting it into a non-Article III tribunal. [read post]
29 Nov 2023, 7:55 am
I am deighted to pass along the announcement of the publication of (Anne Wagner and Sarah Marusek (eds)) Research Handbook on Legal Semiotics (Edward Elgar, 2023). [read post]
27 Nov 2023, 8:30 am
” Thus, Congress could create two separate causes of action, assigning one to an Article I tribunal and another to an Article III tribunal (a court), but it cannot create a single cause of action and allow the agency to decide in which tribunal it should be brought. [read post]
20 Nov 2023, 1:40 pm
Kind of wild/creative –I’m happy to discuss. [read post]
20 Nov 2023, 4:00 am
The rest of Article II makes unmistakably clear that the President does not act alone. [read post]
19 Nov 2023, 9:00 pm
Code to provide for such substitution at the Supreme Court level.The “One Supreme Court” Constitutional ObjectionWhen Professor Tucker and I championed the retired-Justice pinch-hitter idea in 2011, we confronted a constitutional objection that it would violate the requirement in Article III that there be “one Supreme Court. [read post]
18 Nov 2023, 10:05 am
Article 2 of the Basic Regulation (“Definitions”) provides for three forms of material injury: (i) actual material injury; (ii) threat of material injury; (iii) material retardation of the establishment of an industry. [read post]
18 Nov 2023, 10:05 am
Article 2 of the Basic Regulation (“Definitions”) provides for three forms of material injury: (i) actual material injury; (ii) threat of material injury; (iii) material retardation of the establishment of an industry. [read post]
31 Oct 2023, 9:05 pm
The Purdue Pharma case does not stand alone. [read post]
20 Oct 2023, 3:30 am
– John Jenkins [read post]
