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25 Mar 2021, 1:02 pm by Jonathan H. Adler
[A long awaited decision in a challenge to the Trump Administration's "bump stock" ban tees up some interesting questions for the High Court's review.] [read post]
25 Mar 2021, 7:41 am by Jonathan H. Adler
[In two decisions today, Chief Justice Roberts and Justice Kavanaugh aligned with the Court's liberals.] [read post]
24 Mar 2021, 2:32 pm by Jonathan H. Adler
[If there is an urgent need for emission reductions, regulatory ossification and legal risks counsel the consideration of other approaches, such as a carbon tax. ] The Environmental Protection Agency is reportedly working on new regulations to control greenhouse gas emissions from power plants, according to newly confirmed Administrator Michael Regan. [read post]
18 Mar 2021, 6:45 pm by Jonathan H. Adler
[An argument that Congress lacks the authority to reject electoral votes.] [read post]
18 Mar 2021, 1:54 pm by Jonathan H. Adler
[Rioters who ransacked a Senate office may have prevented a few Trump policies from taking effect.] [read post]
9 Mar 2021, 7:04 pm by Jonathan H. Adler
[Presenting an alternative view as a minority witness before the Senate Judiciary Committee.] [read post]
28 Feb 2021, 9:26 am by Jonathan H. Adler
[An examination of how reconceiving animal rights might aid wildlife conservation ] On Monday afternoon, I will be moderating a webinar on Wildlife as Property Owners: A New Conception of Animal Rights by ASU law professor Karen Bradshaw. [read post]
22 Feb 2021, 1:46 pm by Ilya Somin
As Jonathan Adler notes, Justice Clarence Thomas wrote a forceful dissent lamenting the sorry state of the doctrine and the Court's seeming unwillingness to improve it: I recently explained that "it would be desirable for us to take a fresh look at our regulatory takings jurisprudence, to see whether it can be grounded in the original public meaning of the Takings Clause of the Fifth Amendment or the Privileges or Immunities Clause of the Fourteenth Amendment. [read post]
22 Feb 2021, 1:00 pm by Jonathan H. Adler
[The election systems company is taking its fight to the conspiratorial My Pillow CEO.] [read post]
22 Feb 2021, 9:58 am by Jonathan H. Adler
[Justice Thomas dissented from denial of certiorari by himself to urge a revamp of Takings Clause jurisprudence.] [read post]
10 Feb 2021, 12:48 pm by Jonathan H. Adler
[The Department of Justice is now willing to defend the constitutionality of the Affordable Care Act and the severability of the penalty-less mandate.] [read post]
10 Feb 2021, 9:20 am by Jonathan H. Adler
[Either these police really love playing Sublime at the office, or they came up with a creative way to discourage video streaming of police conduct.] [read post]