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11 May 2015, 6:33 pm
As with murder, it’s a matter generally left to the states. [read post]
18 Apr 2015, 4:54 pm by INFORRM
It was not done, and therefore the question is not whether there was a breadth of opinion and voices; it is a question of whether or not the actual issue of the impartiality with regard to the subject matter was being properly presented by the BBC. [read post]
17 Apr 2015, 12:03 pm by Rebecca Tushnet
  Data show a wide range of creators, individuals and firms being much more tolerant of borrowing and copying, often expecting it as a matter of practice. [read post]
31 Mar 2015, 6:09 am
The substance of the cases may shift from larger constitutional questions to matters of administrative procedure and statutory interpretation, but the litigation will go on. [read post]
21 Mar 2015, 1:44 pm
Tribe’s criticisms of the EPA attracted attention not just because he is a prominent liberal law professor, but also because he briefly worked in the Obama Administration (though not on environmental matters) and was one of the president’s professors (and has sometimes been described as a “mentor”). [read post]
9 Mar 2015, 4:04 pm
Burwell, has written a post responding to Jonathan Adler’s and my criticisms of the federalism arguments put forward by defenders of the federal government’s position in the case. [read post]
7 Mar 2015, 10:15 am
Jonathan Adler points out that there are many other federal programs that offer states a choice of adopting state regulations or accepting greater federal regulation of their citizens. [read post]
5 Mar 2015, 3:31 pm
As a matter of doctrine, the NFIB decision is not on point. [read post]
5 Mar 2015, 11:10 am
Dole where where the matter of funding for the highway, suppose Congress said, and if you don’t build the highways, you have to go 35 miles an hour all over the State. [read post]
4 Mar 2015, 8:28 pm
This matters because if all Congress sought to do was reference exchanges established under Section 1311, there would have been no reason to add this additional language, and the SG was able to offer no credible explanation for why this language is there. [read post]
17 Feb 2015, 5:24 am
Federal statutes routinely assert federal jurisdiction over run-of-the-mill crimes based upon any connection to interstate commerce, no matter how tenuous. [read post]
20 Jan 2015, 4:00 am by Kari D. Boyle
” It doesn’t really matter what you call the process itself – as long as it is designed to uniquely meet the needs of the situation and the parties and involved skilled people to guide and assist. [read post]