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[Jonathan H. Adler] Does the Quality of Brief Writing Affect the Outcome of Supreme Court Decisions?
27 Aug 2023, 6:42 pm
Thus, it is important to understand whether quality argumentation matters, both orally and in writing. [read post]
23 Aug 2023, 4:00 am
Professor Jonathan Adler linked to my initial SLATE piece on the libertarian blog the Volokh Conspiracy, writing, "Eric Segall, a self-described 'liberal constitutional law professor,' who believes the individual mandate is constitutional, argues in Slate that Justice Kagan should recuse herself in the individual mandate litigation. [read post]
15 Aug 2023, 8:52 am
The Foundation has plausibly alleged that when chalking the "Black Pre-Born Lives Matter" message, its advocates were similarly situated to advocates who painted and marked the "Black Lives Matter" message. . . . [read post]
14 Aug 2023, 5:36 am
It has provided virtually no guidance on what it means for a matter to present a “major question,” it has provided little guidance on what it means for a matter to present a “major question,” it has provided little guidance on the degree of statutory specificity necessary to provide agency authority over a major question . . . . [read post]
12 Aug 2023, 10:30 am
Although Congress may act to strip federal court jurisdiction, that is not the last word on the matter. [read post]
17 Jul 2023, 4:15 am
The cases which produce such outcomes may be a larger share of the Court's overall decisions, and such cases may have a more consistent ideological valence than before, but as a quantitative matter, the Court is still doing less. [read post]
8 Jul 2023, 5:47 am
Does the nature of the federal judicial power or for that matter Article III permit such sweeping relief? [read post]
30 Jun 2023, 1:51 am
Katya Adler reports for BBC News. [read post]
26 Jun 2023, 4:30 am
But if an exercise of coercive power matters so much to the Article III standing inquiry, how to explain decisions like Massachusetts v. [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]
8 Jun 2023, 8:30 pm
Now there was something else out there that compared it kind of to the law of attraction theory and to this 1920s theory from Alfred Adler that he used to treat his patients who had dysfunctional behaviors. [read post]
31 May 2023, 8:09 pm
(Here are some other takes: Walter Olson of Cato; Jonathan Adler at the Volokh Conspiracy). [read post]
31 May 2023, 8:09 pm
(Here are some other takes: Walter Olson of Cato; Jonathan Adler at the Volokh Conspiracy). [read post]
25 May 2023, 2:10 pm
After he had returned to private practice I had the opportunity to work and interact with him on a range of environmental and administrative law matters and questions. [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]
22 May 2023, 10:04 am
Lindell, expectedly, refused to pay, and the matter went to arbitration. [read post]
22 May 2023, 9:22 am
The proper course for the Sixth Circuit after finding that the Board had erred was to remand the matter back to the FDIC for further consideration of petitioner's case. [read post]
22 May 2023, 7:46 am
–Adler v. [read post]
15 May 2023, 8:23 am
For those interested in more historical perspective on the use of debt ceiling standoffs to pursue other political goals, I recommend this paper from 1993 explaining how "the use of the debt ceiling vote as a vehicle for other legislative matters," had become a "pattern" in the mid-1970s and 1980s, and this Washington Post fact check noting the history of attaching non-budget items to debt ceiling increases. [read post]
6 May 2023, 10:31 am
The authors of the report are essentially trying to argue that because MOHELA revenues are higher than they used to be, it does not matter that, without loan cancellation, they would be higher still. [read post]
