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30 Jun 2024, 2:55 pm
So when judges get there, they tend to agree that the agency wins. [read post]
30 Jun 2024, 2:36 pm
" Or, stated differently, it has been riddled with so many exceptions that Chevron is no longer a coherent doctrine. [read post]
30 Jun 2024, 2:12 pm
Insurance companies often try to take advantage of passengers who are not represented by an attorney, so you should consider seeking legal advice. [read post]
30 Jun 2024, 2:10 pm
Update: In my post, I initially attributed the following quote to Chief Justice Roberts, but it was from Justice Gorsuch's dissent: The dissent suggests that we need not take the APA's directions quite so seriously because the "finest administrative law scholars" from Harvard claim to see in them some wiggle room. [read post]
30 Jun 2024, 1:46 pm
Since the death row opened in 1999, the Texas Department of Criminal Justice created a Faith-Based Program whose purpose “is based on the belief that individuals, no matter their past, can change if given the right tools and opportunity to do so. [read post]
30 Jun 2024, 1:45 pm
In doing so, the court explained that under the ACCA, a defendant convicted of unlawful possession of a firearm by a convicted felon is subject to a mandatory minimum sentence of fifteen years if he has three prior convictions for a violent felony or a serious drug offense. [read post]
30 Jun 2024, 1:32 pm
Most states, including Texas, concluded from Furman that at least seven justices (the four dissenters and the three in the majority) believed the death penalty was constitutional so long as the statutes permitting it were properly fashioned. [read post]
30 Jun 2024, 1:07 pm
Rather, they can only do so in cases where the relevant religious property owner considers it a religious duty (usually a duty to provide for the poor and needy). [read post]
30 Jun 2024, 12:52 pm
As to Reyes’s Article 20 defense, the district court concluded that “[Galaviz’s] inability to be present with the children, as required so that they can attend school, effectively denied the children the fundamental right to an education,” and “[t]he denial of an education to two special needs children in their most formative years utterly shocks the conscience of the court. [read post]
30 Jun 2024, 12:28 pm
Roberts returns to Federalist No. 37 in his discussion of ambiguity: As the Framers recognized, ambiguities will inevitably follow from "the complexity of objects, . . . the imperfection of the human faculties," and the simple fact that "no language is so copious as to supply words and phrases for every complex idea. [read post]
30 Jun 2024, 11:49 am
In the realm of civil rights litigation, few legal doctrines have sparked as much debate and controversy as qualified immunity. [read post]
30 Jun 2024, 11:49 am
In the realm of civil rights litigation, few legal doctrines have sparked as much debate and controversy as qualified immunity. [read post]
30 Jun 2024, 11:49 am
In the realm of civil rights litigation, few legal doctrines have sparked as much debate and controversy as qualified immunity. [read post]
30 Jun 2024, 11:24 am
If so, why didn’t Congress specify both wire and cable? [read post]
30 Jun 2024, 11:24 am
If so, why didn’t Congress specify both wire and cable? [read post]
30 Jun 2024, 11:18 am
The freeholder could replace the heating system, but could not, under the lease unilaterally add to the leaseholder’s repairing obligations in doing so. [read post]
30 Jun 2024, 11:01 am
(Okay, the details of what EPA is proposing may be a little inside baseball, but the minutiae and inner workings of what happened here are as fascinating as they are significant, so read on ..) [read post]
30 Jun 2024, 10:39 am
So they have to make it about something else. [read post]
30 Jun 2024, 10:05 am
He testified he worked odd construction jobs, so the number of jobs he did each year varied. [read post]
30 Jun 2024, 9:40 am
And so we also get some language endorsing de novo review. [read post]
