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2 Aug 2022, 6:30 am by Guest Blogger
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s… [read post]
26 Jun 2022, 12:28 am by Bill Henderson
But in this case, because of the subject matter, they are all white men. [read post]
17 Jun 2022, 2:09 pm by admin
” The authors begin their analysis of specific causation with a brief acknowledgement that our legal system could abandon any effort to set standards or require rigorous thinking on the matter by simply leaving the matter to the jury.[9] After all, this laissez-faire approach had been the rule of law for centuries. [read post]
The SEC explained: [W]e believe that NEPA requires and authorizes the Commission to consider the promotion of environmental protection along with other considerations in determining whether to require affirmative disclosures by registrants under the Securities Act and the Securities and Exchange Act . . . . [read post]
16 Jun 2022, 6:13 am by Ryan Goodman
A part of President Donald Trump’s effort to overturn the presidential election involved an effort to misuse the Electoral College in seven battleground states. [read post]
19 Apr 2022, 12:37 pm by Bernard Bell
Recently, the Second Circuit issued a significant Freedom of Information Act (“FOIA”) decision construing the FOIA exemption covering law enforcement records that “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law,” 5 U.S.C. [read post]
16 Apr 2022, 9:05 pm by Carl Custer
ReferencesAlban, L., Poulsen, M.K., Petersen, J.V., Lindegaard, L.L., Meinert, L., Koch, A.G. and Møgelmose, V., 2022. [read post]
7 Feb 2022, 12:56 pm by fjhinojosa
Christopher’s article Normalizing Struggle is cited in the following article: Steven K. [read post]