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3 Jul 2022, 7:15 am by Guest Author
Provided the interpretation does not concern a “major question” (however defined), the court moves to Chevron Step 1 and uses the traditional tools of statutory interpretation to assess whether Congress left a gap for the agency to fill. [read post]
1 Jul 2022, 5:34 am by Gus Hurwitz
Justice Roberts’s majority opinion invokes both separation of powers and legislative intent concerns. [read post]
30 Jun 2022, 9:25 am by Jonathan H. Adler
The use of the word "may" in section 1225(b)(2)(C) thus makes clear that contiguous-territory return is a tool that the Secretary "has the authority, but not the duty," to use. [read post]
30 Jun 2022, 8:59 am by Elly Page
While it is somewhat less clear how anti-militia laws would apply to solitary armed individuals marching as part of a protest, or armed individuals claiming to be providing protest security, the laws are important tools available to reduce the presence of guns at protests. [read post]
30 Jun 2022, 4:48 am by Emma Snell
That could push Russia to become more reliant on “asymmetric tools” such as cyberattacks, efforts to try to control energy, or even nuclear weapons in order to project “power and influence,” she said. [read post]
30 Jun 2022, 3:50 am by Kyle Hulehan
Key Findings A year since the global tax deal was agreed to by more than 130 countries, progress on implementing legislation has hit a lull. [read post]
28 Jun 2022, 5:58 am by Bernard Bell
Bell, Secrets and Lies: News Media and Law Enforcement Use of Deception as an Investigative Tool, 60 U. [read post]
27 Jun 2022, 9:00 pm by Eric M. Freedman
And, regardless of what the country was going to ultimately decide to do about segregation, the Court wanted to ensure its own long-term legitimacy as it faced similarly divisive controversies, and the potential need to reverse its own precedents, well into the future.Chief Justice John Roberts has long been mindful of this history. [read post]
26 Jun 2022, 9:00 pm by Jon May
Chief Justice Roberts and Justices Alito, and Thomas have already expressed their opinion that the exclusionary rule is not sufficiently justified as a deterrence to illegal searches and seizures and these Justices believe that, even if it was ever justified by police practices in the past, it is no longer necessary.Finally, Justice Alito’s theory of stare decisis will eliminate any concern by fellow Justices that the exclusionary rule must be upheld because of prior precedents. [read post]
26 Jun 2022, 12:28 am by Bill Henderson
The main residence of Veraton, circa 1907. [read post]
23 Jun 2022, 9:27 am by William Hibbitts | JURIST Staff
Although I agree that history can often be a useful tool in determining the meaning and scope of constitutional provisions, I believe the Court’s near-exclusive reliance on that single tool today goes much too far. [read post]
23 Jun 2022, 6:01 am by Susan Landau
While there is research on how to recognize grooming interactions, there aren’t working tools for doing so. [read post]
21 Jun 2022, 5:55 am by Liam Brennan
There is a fear that if prosecutors do so now, Republicans will see it as a tool to punish a Democratic president in the future. [read post]
20 Jun 2022, 4:00 am by Eric Segall
Being pro-choice all the way down, I hope we fight that battle hard and with every tool we can, including strong civil disobedience all the way up to but definitely not crossing the line of violence. [read post]
17 Jun 2022, 6:27 am
Securities and Exchange Commission, on Friday, June 10, 2022 Tags: Investor protection, Retail investors, Risk disclosure, SEC, Securities fraud, Securities regulation The SEC’s Climate Proposal: Top Ten Points for Comment Posted by Nick Grabar, Cleary Gottlieb Steen & Hamilton LLP, on Saturday, June 11, 2022 Tags: Climate change, Disclosure, ESG, Liability standards, Materiality, SEC, Sustainability … [read post]
17 Jun 2022, 6:27 am
Securities and Exchange Commission, on Friday, June 10, 2022 Tags: Investor protection, Retail investors, Risk disclosure, SEC, Securities fraud, Securities regulation The SEC’s Climate Proposal: Top Ten Points for Comment Posted by Nick Grabar, Cleary Gottlieb Steen & Hamilton LLP, on Saturday, June 11, 2022 Tags: Climate change, Disclosure, ESG, Liability standards, Materiality, SEC, Sustainability … [read post]