Search for: "Matter of Power"
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11 Jul 2024, 8:43 am
On the taxing power: This "power of the purse" grants Congress a broad power to tax and spend on things it cannot directly regulate through some other enumerated power. [read post]
11 Jul 2024, 6:40 am
Let’s dispense with the legal fiction that only Congress makes law as a matter of function and effect, that only the judiciary interprets law, and that the executive branch is limited to ministerially executing statutory mandates. [read post]
11 Jul 2024, 2:00 am
He deployed federal agents and surveillance to silence Black Lives Matter protesters or anyone he deemed to oppose his policies, threatened to use his power as president to punish his political enemies, and attacked journalists who criticized him. [read post]
10 Jul 2024, 9:01 pm
I’m thrilled to be back at my law school alma mater. [read post]
10 Jul 2024, 9:01 pm
But my larger point was that this will matter even if the Republicans succeed. [read post]
10 Jul 2024, 8:38 pm
Repealing a regulatory or spending program is quick and easy when a party takes power. [read post]
The Hydraulic Effect of Loper Bright Enterprises in Consumer Finance: More Regulation By Enforcement
10 Jul 2024, 8:00 pm
To wit, many federal agencies have both rulemaking and enforcement powers. [read post]
10 Jul 2024, 6:21 pm
One highlight of the workshop was that what matters to regulators, providers, and payors may not align with what matters to patients. [read post]
10 Jul 2024, 12:17 pm
Standing Up to Powerful Interests: Construction sites and insurance com [read post]
10 Jul 2024, 12:00 pm
Contract drafting Legal AI applications can generate contracts that are tailored to specific client and matter needs. [read post]
10 Jul 2024, 11:01 am
The Power of Expert Witnesses In the pursuit of justice, these lawyers leverage the power of expert witnesses. [read post]
10 Jul 2024, 8:42 am
It’s yet another reminder that all of this could have been avoided if Congress had given clear guidance on the issue and settled the matter. [read post]
10 Jul 2024, 7:13 am
Here, it’s hard to do better than quote from Commissioner Holyoak’s dissent: to assert that market conditions have changed is one thing—but to ignore the 2005 Report without conducting a new empirical analysis of market conditions or explaining why the findings, conclusions, and empirical work no longer apply is a different matter entirely. [read post]
10 Jul 2024, 6:00 am
Jarkesy, which weakens the enforcement power of administrative agencies to adjudicate certain matters within the agency itself.Continue Reading › [read post]
10 Jul 2024, 6:00 am
Before reaching the merits, I must address a procedural matter. [read post]
10 Jul 2024, 6:00 am
Before reaching the merits, I must address a procedural matter. [read post]
10 Jul 2024, 5:31 am
United States, I wrote a series of posts breaking down most facets of the opinion as a doctrinal matter (1, 2, 3, 4, 5, 6, 7, 8). [read post]
10 Jul 2024, 3:59 am
Why does it matter? [read post]
9 Jul 2024, 10:30 pm
The Court did not, however, let matters rest there. [read post]
9 Jul 2024, 9:01 pm
If Trump is going to end up in the Oval Office either way, does any of this matter? [read post]