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13 May 2021, 12:50 pm by Jonathan H. Adler
[A letter in the prestigious journal Science calls for a full investigation. ] Did COVID-19 originate in a lab? [read post]
12 May 2021, 6:08 am by Jonathan H. Adler
[Focusing on time and the "nondelegation baseline" would be one way to constrain excessive delegation.] [read post]
10 May 2021, 5:46 am by Jonathan H. Adler
[More and more progressive commentators want to see a Supreme Court vacancy this year.] [read post]
28 Apr 2021, 8:32 pm by Jonathan H. Adler
[Two recent papers examine the state experience with nondelegation.] [read post]
28 Apr 2021, 6:55 pm by Jonathan H. Adler
[Senate Democrats vote to repeal a Trump Administration regulation easing restrictions on methane emissions.] [read post]
26 Apr 2021, 5:43 pm by Jonathan H. Adler
[The Biden Administration's effort to moot challenges to the Trump Administration's "public charge" rule scores an initial (yet potentially temporary) victory. ] In 2019, the Trump Administration adopted the so-called "public charge rule," which imposed more stringent requirements on those seeking visas to enter the country to demonstrate that they would not become dependent upon public assistance in the United States. [read post]
26 Apr 2021, 2:47 pm by Jonathan H. Adler
[Adapting to Climate Change: Economic and Legal Perspectives featuring Matthew Kahn and Robin Craig] This Wednesday, at noon EDT, the Coleman P. [read post]
22 Apr 2021, 12:41 pm by Jonathan H. Adler
[My contribution to the online symposium on Sunstein & Vermeule's Law & Leviathan] The Yale Journal on Regulation has just posted my contribution to the "Notice & Comment" blog symposium on Law & Leviathan by Cass Sunstein and Adrian Vermeule. [read post]
22 Apr 2021, 7:28 am by Jonathan H. Adler
[SCOTUS released three decisions this morning, as we await big decisions concerning religious liberty, the Affordable Care Act, and some meaty administrative law questions. ] The Supreme Court issued three opinions this morning, though not in any of the term's most watched cases concerning religious liberty, administrative agencies, and the Affordable Care Act. [read post]
21 Apr 2021, 8:36 am by Jonathan H. Adler
["Super Deference and Heightened Scrutiny" forthcoming in the Florida Law Review] Litigation over state and federal COVID-19 regulations has highlighted the potential conflict between public health measures and constitutionally protected liberties. [read post]
20 Apr 2021, 3:31 pm by Jonathan H. Adler
[A senior judge assails U.S. immigration policy and prompts a sharp response.] [read post]
20 Apr 2021, 6:50 am by Howard Bashman
“Sixth Circuit Grants Habeas Petition for Lower Court’s Objectively Unreasonable Application of the Confrontation Clause; A liberal result (granting a criminal defendant’s habeas petition) from a quite conservative judge (John Bush)”: Jonathan H. [read post]
19 Apr 2021, 3:19 pm by Jonathan H. Adler
[A liberal result (granting a criminal defendant's habeas petition) from a quite conservative judge (John Bush).] [read post]
19 Apr 2021, 3:03 pm by Jonathan H. Adler
[A series of essays weighing Cass Sunstein and Adrian Vermeule's effort to redeem the administrative state.] [read post]
7 Apr 2021, 3:59 am by Jonathan H. Adler
[A liberal justice throws cold water on a pet progressive cause] Associate Justice Stephen Breyer warned against expanding the size of the Supreme Court in remarks at Harvard Law School, reports Robert Barnes of the Washington Post. [read post]
6 Apr 2021, 12:20 pm by Jonathan H. Adler
Paper: Jonathan Marks, Professor and Chair, Department of Politics and International Relations, Ursinus College, author of Let's Be Reasonable: A Conservative Case for Liberal Education. [read post]
5 Apr 2021, 6:40 am by Jonathan H. Adler
[At present, there is nothing in federal law that should preclude vaccination requirements for returns to workplaces and campuses.] [read post]