Search for: "Matter of Adler"
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16 Jun 2022, 8:45 am
Biden could decline to pursue charges as a policy matter, control of the department could flip in the 2024 presidential election, and federal prosecutors could then charge people with crimes, like abortion, retroactively. [read post]
14 Nov 2022, 6:26 pm
., dissenting from denial of certiorari), has found its natural complement in other judges' distaste for correcting errors en banc, no matter how blatant, repetitive, or corrosive of circuit law. [read post]
28 Sep 2023, 3:07 pm
This matters because, whatever the risks of vaping, the use of vaping products is far less dangerous than smoking. [read post]
26 May 2021, 6:07 am
With only three months until the proffered resolution date, the district court should treat this matter expediently and hold a hearing to determine what remedy (if any) is appropriate. [read post]
8 Mar 2017, 6:22 am
I have only respect and best wishes for those who agree to serve despite the deterioration of the confirmation process over the years, but everyone who knows me in this town knows that I would never accept a job that requires Senate confirmation or, for that matter, willingly place myself in any situation (e.g., a hearing room) in which convention requires that I be civil to Chuck Schumer. [read post]
3 Aug 2022, 8:20 am
It also missed an opportunity to refocus the major questions doctrine on what really matters in cases like this: What power to Congress delegate to the agency. [read post]
12 Dec 2022, 2:57 pm
The Administrative Procedure Act ("APA") enshrines this principle by explicitly withholding judicial review of matters "committed to agency discretion by law. [read post]
2 May 2014, 8:54 am
We read §109, which was silent on the matter, to prohibit Agency reliance on cost considerations. [read post]
4 Mar 2022, 9:33 am
This authority permits federal courts to handle a range of matters, big and small, that fall in the gaps of governing statutes and formally adopted procedural rules. . . .But here, the First Circuit did not adopt a rule regulating its own proceedings—it adopted a blanket rule that all district courts in its jurisdiction must follow on pain of reversal. [read post]
25 Jun 2023, 12:06 pm
Judge Sentelle summarized it as follows: Appellants, individual protestors and Black Lives Matter D.C., brought these consolidated actions against federal law enforcement officers, alleging that officers' actions in clearing protestors from Lafayette Park in June 2020 violated their First, Fourth, and Fifth Amendment rights and seeking damages under Bivens v. [read post]
28 Feb 2023, 12:21 pm
The Court agrees with Bittner and holds that the failureto file a legally compliant form is a single violation, no matter how many accounts a citizen fails to report. [read post]
21 Oct 2022, 1:20 pm
The biggest problem, as suggested above, is that the IWG's Social Cost of Carbon estiamte does not, by itself, cause any cognizable injuries, and is not certain to cause any such injuries in the future, as the estimates (even if relied upon by agencies as the President has instructed), will be one of multiple factors influencing agency decisions, and it will be actual agency decisions about discrete matters that will be the source of any injury the states ultiamtely suffer. [read post]
3 Jul 2015, 2:22 pm
It’s one thing to defer to the EPA over technical matters concerning pollution control, but quite another to defer to the EPA on legislative process, particularly where (as with the CPP) the outcome of the dispute will have “deep ‘economic and political’ significance. [read post]
15 Jun 2022, 8:03 am
A new administration is of course as a general matter entitled to do that. [read post]
20 Jun 2022, 3:23 pm
Indeed, even organizations with an interest in exaggerating conservative influence on federal courts, such as Balls & Strikes, do not count senior judges when tabulating the ideological balance of a court -- nor, for that matter, did the New York Times itself, which followed the convention of only counting active judges in prior news stories discussing the balance of circuit courts. [read post]
29 Apr 2020, 6:59 am
More broadly, any regulatory scheme which allows a regulatory agency to punish comments about public policy matters, particularly when there is no evidence the comments have any relation to actual or potential unionizing activity, is itself problematic. [read post]
1 Jul 2022, 12:40 pm
The subject matter of the regulation here makes the Court's intervention all the more troubling. [read post]
5 May 2016, 10:22 am
As a practical matter, this means that just about all e-cigs must go through a new approval process if they are to continue to be sold. [read post]
29 May 2015, 7:55 am
Wouldn’t this mean that academic freedom doesn’t extend to academics discussing matters involving their own workplaces? [read post]
12 Aug 2011, 5:31 am
Copyright Subject Matter Olufunmilayo B. [read post]
