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4 May 2024, 4:00 am
READ MORE Avoiding the Tyranny of Federal ‘Guidance’ The Supreme Court seems likely to curtail federal agencies’ interpretations of laws passed by Congress, but Washington bureaucrats have another way to exercise unaccountable power over state and local governments. [read post]
3 May 2024, 8:49 am
But do you think it's likely that courts will indeed reliably accept such distinctions? [read post]
3 May 2024, 6:30 am
Reilly, where the Supreme court invalidated restrictions on tobacco products on First Amendment grounds.[8] One might assume that tobacco products have avoided meaningful regulation because of their widespread use and lobbying by politically powerful tobacco companies. [read post]
1 May 2024, 9:29 am
The Supreme Court denial leaves in place, at least for now, an appeals court ruling that said Texas can enforce the law. [read post]
30 Apr 2024, 8:55 am
This outcome-drive approach is exemplified by the so-called “canonical cases” argument, which evaluates positions in normative constitutional theory on the basis of its counterfactual implications for a handful of prior decisions of the Supreme Court. [read post]
29 Apr 2024, 10:00 pm
For L&E-specific podcasts, see: The Metaverse and L&E Podcast (Tim Taylor) Recent Supreme Court Rulings Impacting Labor & Employment Podcast (Tim Taylor) The Court Closes with LGBTQ Rights and Biden Debt Plan Podcast (Law 360) The Supreme Court Guts Affirmative Action Podcast (Law 360) Want the Sabbath Off? [read post]
28 Apr 2024, 11:33 am
To give the reader some idea of the artificial flavor of Egilman’s pomposity, paragraph 8 of his remarkable declaration avers” “My views on the scientific standards for the determination of cause-effect relationships (medical epistemology) have been cited by the Massachusetts Supreme Court (Vassallo v. [read post]
26 Apr 2024, 11:05 am
One respondent explained: “I don’t think it will reach the Supreme Court because either a Republican Administration won’t want to appeal it to the Supreme Court, or because a Democratic Administration will read the Circuit court opinion and realize that, with this Supreme Court, the rule stands no chance. [read post]
26 Apr 2024, 9:08 am
The Supreme Court is back in the relist business with a vengeance. [read post]
26 Apr 2024, 8:55 am
Part IV explores how the point-of-order interpretive canons might be applied in practice using the Supreme Court case Bankamerica Corp. v. [read post]
26 Apr 2024, 7:38 am
See West Virginia v. [read post]
26 Apr 2024, 7:38 am
See West Virginia v. [read post]
26 Apr 2024, 6:36 am
Supreme Court. [read post]
25 Apr 2024, 11:44 am
I’ve previously explained why the Supreme Court case in question, West Virginia v. [read post]
25 Apr 2024, 8:07 am
The rules came in response to a Supreme Court decision in West Virginia v. [read post]
25 Apr 2024, 7:57 am
Opponents see the new rules as vulnerable because the Supreme Court struck down Obama’s earlier rules in West Virginia v. [read post]
25 Apr 2024, 5:00 am
District Court for the Eastern District of Virginia; and Gebhart v. [read post]
24 Apr 2024, 8:55 pm
Here is the abstract: The Supreme Court’s recent decision in West Virginia v. [read post]
22 Apr 2024, 3:23 pm
Court of Appeals for the 5th Circuit, which hears appeals from federal trial courts in Texas, declined to put O’Connor’s ruling on hold, the Biden administration came to the Supreme Court, asking the justices to step in. [read post]
22 Apr 2024, 7:00 am
The Supreme Court could consider this a Major Question, subject to the analysis of West Virginia v. [read post]