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Some have argued that, because the Nation’s approach to climate change is politically contested,[1] and since these matters affect major policy questions over which Congress has not granted the SEC new, explicit powers, the Commission lacks authority to require disclosure in this area.[2] For the reasons given below, the Commission should disregard these claims, focusing instead on the challenging policy choices that any finalization of the proposal would require. [read post]
16 Jun 2022, 9:05 pm by Nabil Shaikh
Richman noted that in Gundy v. [read post]
16 Jun 2022, 8:45 am by Jonathan H. Adler
Most of these strategies would require particularly aggressive assertions of executive power. [read post]
16 Jun 2022, 4:00 am by Sherry F. Colb
Such power resembles that of the commanders in A Handmaid's Tale, and it is the law that grants that power. [read post]
16 Jun 2022, 3:30 am by Richard Murphy
The scope of the federal courts’ equitable power associated with Ex parte Young remains remarkably unsettled. [read post]
15 Jun 2022, 9:34 am by John McFarland
A recent Texas Supreme Court decision on pipeline eminent domain, Hlavinka v. [read post]