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17 Jan 2024, 5:04 am by Guest Author
The parties’ briefing in Loper Bright and Relentless[1] has utterly ignored statutory sections—and one section in particular—that are crucial for understanding both why the government should lose these cases and, more importantly, why the Chevron doctrine[2] cannot and should not survive in an era of textualism. [read post]
16 Jan 2024, 12:30 pm by Amy Howe
Apparently because of Jackson’s recusal, the court added Relentless, Inc. v. [read post]
16 Jan 2024, 5:01 am by Eugene Volokh
Consistent with that principle, courts in recent years have invalidated broad election-lie statutes in North Carolina, Ohio, Minnesota, and Massachusetts, holding that they are insufficiently clear and narrow to survive First Amendment scrutiny. [read post]
14 Jan 2024, 5:01 am by Eugene Volokh
" But the judge's order didn't give any reasons; and Doe's memorandum, which must have provided various reasons that did sway the judge (whether or not he endorsed them all), had been filed under seal. [read post]
11 Jan 2024, 12:59 pm by Dennis Crouch
Genentech, Inc., 81 F.4th 1362 (Fed. [read post]
11 Jan 2024, 11:15 am by Logan Castellanos
This momentous event provides an opportunity to reflect on the past strengths and weaknesses and future possibilities of a U.S. [read post]
10 Jan 2024, 8:05 pm by John Elwood
” The Missouri Court of Appeals affirmed, holding that the judge’s decision to strike the jurors was proper because it was based on their [read post]
  In both opinions, the OTA ruled in favor of the California Franchise Tax Board, holding each taxpayer failed to meet its respective burden to substantiate the R&D tax credit claimed. [read post]