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27 Jul 2022, 9:49 am by Michael Froomkin
Group 20: Re-Elect Robert Watson Group 20 pits another previously unelected incumbent, Judge Robert Watson, against a  competent challenger … with a Hispanic name. [read post]
22 Jul 2022, 7:46 pm by Guest Author
Today’s Neo-Brandeisians may have abandoned components of Brandeis’s antitrust program—namely, his commitment to “fair trade” and his distrust of big government—perhaps placing them in closer alliance to Judge Learned Hand’s antitrust logic in U.S. v. [read post]
22 Jul 2022, 5:43 am by Bernard Bell
  On the one hand, Congress could set forth both broad statutory goals and some of the means by which agencies are to further those goals. [read post]
20 Jul 2022, 5:01 am by Eugene Volokh
While our cases prohibiting viewpoint discrimination would fetter the state's power to some degree, see R.A.V. v. [read post]
17 Jul 2022, 5:15 am by jonathanturley
However, these states may again overplay their hand with excessive listings like the one in New York. [read post]
15 Jul 2022, 6:33 am by Randolph J. May
First, West Virginia follows a recent trend in which the Court does not even mention Chevron deference despite the case at hand involving an agency’s interpretation of its statutory authority, which is what Chevron v. [read post]
14 Jul 2022, 10:02 am by Josh Blackman
" Ibid  It must have pained Chief Justice Roberts to reach this conclusion: on the one hand, Marshall said Indian tribes were separate from state territory; on the other hand, more than a century of precedent cuts in the opposite direction. [read post]
11 Jul 2022, 4:06 am by SHG
(For seven months, he tried to move the deciding justices on Dobbs v. [read post]
7 Jul 2022, 2:05 pm by INFORRM
And, in Dunnes Stores v Ryan [2002] IEHC 61 (5 June 2002), Kearns J in the High Court struck down section 19(6) of the Companies Act, 1990 (also here), which required a company to provide an explanation or make a statement to an officer making inquiries about the company, on the grounds, inter alia, that it infringed the right to silence implied into Article 40.6.1(i) (a right now being relocated to Article 38.1 of the Constitution insofar as it relates to… [read post]