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8 Dec 2020, 8:14 am by Jonathan H. Adler
Under current practice, states ask the Court for permission to file such suits—hence the Motion for Leave—and the Court does not always oblige. [read post]
18 Nov 2022, 4:47 pm by Jonathan H. Adler
" An agency does not have meaningful oversight if it does not write the rules, cannot change them, and cannot second-guess their substance. [read post]
14 Feb 2023, 11:23 am by Jonathan H. Adler
That Khan's leadership style ruffles feathers or departs from precedent does not mean (necessarily) mean that she's doing anything wrong, nor does it mean that her policy initiatives won't survive legal challenge. [read post]
29 Feb 2024, 8:26 am by Jonathan H. Adler
No, a failure of the Senate to convict an impeached President does not preclude subsequent prosecution for the same or related acts. [read post]
29 Nov 2022, 3:06 pm by Jonathan H. Adler
And does it have a discriminatory policy of broadly denying religious exemptions but broadly granting secular ones? [read post]
2 May 2014, 8:54 am
The fact of the earlier error, however, does underscore that Justice Scalia is not the only one on the Court, who finds environmental law a bit elusive to grasp, which should come as no surprise to those of us who teach (and love) it partly for that reason. [read post]
28 Feb 2023, 12:21 pm by Jonathan H. Adler
Does someone who fails to file a timely or accurate annual report commit a single violation subject to a single $10,000 penalty? [read post]
21 Oct 2022, 1:20 pm by Jonathan H. Adler
When executive agencies or officials take or propose to take specific actions based on reliance on the interim SC-GHG estimates, E.O. 13990 does not exempt them from complying with statutory duties imposed by the APA, including providing opportunities for notice and comment. [read post]
26 May 2016, 7:22 am by Gritsforbreakfast
The assessment does not consider race, gender, past drug use, national origin or income.Matt Alsdorf, vice president of criminal justice at the Arnold Foundation, said the diagnostic tool was developed using more than 1.5 million cases across the country. [read post]
9 Sep 2011, 12:37 pm by Michael O'Hear
 Does one motion to dismiss suffice for all, even if the motion does not specifically cite the whole lot of them? [read post]
7 Mar 2022, 7:34 am by Jonathan H. Adler
Today, the Court does not consult lenity's rule, but neither does it forbid lower courts from doing so in doubtful cases. [read post]
5 Mar 2015, 11:10 am
What seemed to bother Justice Kennedy is that the PPACA does not simply condition the receipt of money on state cooperation (though it certainly does that), but also imposes a form of conditional regulation. [read post]
14 Jan 2022, 6:48 am by Jonathan H. Adler
OSHA, the OSHA rule is effectively done, but that does not mean that OSHA can do nothing to address the spread of Covid-19 in the workplace. [read post]