Search for: "THOMAS DOE"
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6 Feb 2024, 7:20 am
Just as the Constitution consists of its text and not its legislative history, how much more is it the case that the Constitution does not consist of silence in its legislative history. [read post]
5 Feb 2024, 10:00 am
Horton Thomas at jhortonthomas@foxrothschild.com or a member of the firm’s Labor & Employment Department. [read post]
5 Feb 2024, 10:00 am
Horton Thomas at jhortonthomas@foxrothschild.com or a member of the firm’s Labor & Employment Department. [read post]
4 Feb 2024, 1:01 pm
Second, they acknowledged that the President obviously does not appoint himself, but countered that the Appointments Clause does not define who are the "Officers of the United States. [read post]
3 Feb 2024, 11:29 am
As Thomas Merrill noted on this blog, while parts of Chevron stress the need to determine whether Congress delegated a given policy choice to the agency in question, other parts of the opinion suggest ambiguity or silence is sufficient to justify deference. [read post]
3 Feb 2024, 11:27 am
While the question of presidential removal attracted debate in the first Congress, the same does not appear to be true for these anti-removal features. [read post]
3 Feb 2024, 9:52 am
Supreme Court, however, Trump does not press the “under the United States” Positions Clause argument. [read post]
31 Jan 2024, 2:03 pm
How Does Niz-Chavez Affect You? [read post]
31 Jan 2024, 6:22 am
As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [read post]
31 Jan 2024, 6:13 am
What Does the Agreement Say about It? [read post]
30 Jan 2024, 5:58 am
Possible Pathways Toward Multilateral Rapprochement In this context, the United States does not have easy pathways to rebuild trust with the wider U.N. membership. [read post]
29 Jan 2024, 8:09 am
However, it does make an argument about the framers' intent. [read post]
28 Jan 2024, 9:05 pm
Thomas McCarthy Trustee Chair in Law and Political Science at USC Gould School of Law. [read post]
28 Jan 2024, 8:49 pm
And although a grand jury has charged Trump with several criminal offenses related to those efforts, that indictment does not include an alleged violation of the criminal “insurrection” statute, 18 U.S.C. [read post]
28 Jan 2024, 4:54 pm
If your paper does not yet meet these requirements, but you are confident that it will by mid-September, you are still welcome to submit. [read post]
28 Jan 2024, 4:48 pm
What does Florida’s law actually say? [read post]
27 Jan 2024, 7:54 pm
As their brief and other current commentary does not note their changed intellectual position, we wonder if they realize what they have done. [read post]
26 Jan 2024, 12:37 pm
It’s not entirely clear which of these two positions Carr and Simington take, but there are some indications that they believe HB20 does trigger intermediate scrutiny. [read post]
26 Jan 2024, 6:00 am
"*The Commissioner ruled that Petitioner's appeal must be dismissed and the application denied.The Commissioner noted that an appeal to the Commissioner is appellate in nature and does not provide for investigations and that the Commissioner has no authority to award monetary damages, costs or reimbursements in an appeal pursuant to Education Law §310 , citing Appeal of D.B., 57 Ed Dept Rep, Decision No. 17,244 and Application of Kolbmann, 48 id. 370, Decision No. 15,888). [read post]
26 Jan 2024, 6:00 am
"*The Commissioner ruled that Petitioner's appeal must be dismissed and the application denied.The Commissioner noted that an appeal to the Commissioner is appellate in nature and does not provide for investigations and that the Commissioner has no authority to award monetary damages, costs or reimbursements in an appeal pursuant to Education Law §310 , citing Appeal of D.B., 57 Ed Dept Rep, Decision No. 17,244 and Application of Kolbmann, 48 id. 370, Decision No. 15,888). [read post]