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27 Mar 2012, 4:05 am by Marty Lederman
Participating States must also comply with various other requirements, including those that protect against waste, fraud, and abuse; those that protect the health and safety, and the privacy, of Medicaid beneficiaries; those that ensure that the States adequately accomplish the goals of the program (see the recent decision in Douglas v. [read post]
26 Mar 2012, 10:22 am by Alan Rozenshtein
The short version is that in 2002, Congress passed a law providing that  ”[f]or purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary shall, upon the request of the citizen or the citizen’s legal guardian, record the place of birth as Israel” (§ 214(d)). [read post]
26 Mar 2012, 6:00 am by Eugene Kontorovich
Royal Dutch Shell, manages to raise an even broader question: Are there any substantive limits to the federal government’s power to regulate matters occurring outside and having nothing do with the United States? [read post]
Royal Dutch Shell, manages to raise an even broader question: Are there any substantive limits to the federal government’s power to regulate matters occurring outside and having nothing do with the United States? [read post]
24 Mar 2012, 9:30 pm by William Funk
”   Justice Ginsburg wrote a short concurrence stating that the decision involved a case challenging EPA’s jurisdiction, not a case challenging the “terms and conditions” of the order. [read post]
23 Mar 2012, 12:45 pm by Andrew Koppelman
” (Brief at p. 8)Of these, 1 and 2 are doing all the work, since 3 can be satisfied by any limitation at all on federal power – and as I and others have noted, that limitation is already provided by United States v. [read post]
23 Mar 2012, 3:00 am by Ted Folkman
HT to Antonin Pribetic for a pointer to today’s case of the day, Khan Resources, Inc. v. [read post]