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30 May 2020, 7:48 am by Jonathan H. Adler
[The available evidence suggests that police unions are a major obstacle to holding rogue police officers accountable.] [read post]
27 May 2020, 11:08 am by Jonathan H. Adler
[A former Bush Administration Justice Department official responds to Judge Michael Luttig's critique of Judge Sullivan.] [read post]
21 May 2020, 5:55 am by Jonathan H. Adler
[The judges of the Sixth Circuit want to review the panel decision discovering a constitutional right to literacy, but the parties claim to have settled the case.] [read post]
20 May 2020, 10:51 am by Jonathan H. Adler
[A local judge has concluded the State Health Director likely exceeded her powers under the Ohio Constitution] Earlier today a judge on the Lake County Court of Common Pleas issued a preliminary injunction against the Ohio department of Health and Lake County General Health District barring enforcement of the state's shutdown order as applied to gyms and health clubs, insofar as such businesses comply with all applicable safety regulations. [read post]
20 May 2020, 9:12 am by Jonathan H. Adler
[John Baker and Robert Miller identify an alternative] Some states experiencing enlarged deficits due to Covid-19 are hoping for a bailout from Congress. [read post]
18 May 2020, 2:45 pm by Jonathan H. Adler
[Does the text of Title VII prohibit discrimination on the basis of sexual orientation or transgender status?] [read post]
17 May 2020, 4:48 pm by Jonathan H. Adler
[An under-the-radar environmental lawsuit could provide the Supreme Court another opportunity to revive the nondelegation doctrine.] [read post]
17 May 2020, 2:42 pm by Jonathan H. Adler
[A new paper by Thomas Frampton suggests most recent commentary concerning the Michael Flynn prosecution gets it wrong.] [read post]
15 May 2020, 2:02 pm by Jonathan H. Adler
[In a brief exchange during a recent oral argument, the Justice suggested the Court should reconsider giving states "special solicitude" under Massachusetts v. [read post]
12 May 2020, 8:52 am by Jonathan H. Adler
[There was a potentially pivotal exchange in today's Supreme Court oral argument over the House subpoenas seeking the President's financial records.] [read post]
11 May 2020, 7:28 am by Howard Bashman
“How Supreme Court Doctrine Protects Cops Who Kill (or Otherwise Use Excessive Force); A Reuters report suggests changes in qualified immunity doctrine have immunized police officers sued for misconduct”: Jonathan H. [read post]
11 May 2020, 5:57 am by Jonathan H. Adler
[A Reuters report suggests changes in qualified immunity doctrine have immunized police officers sued for misconduct.] [read post]
6 May 2020, 10:55 am by Jonathan H. Adler
[Why does it matter is a federal agency is independent of Presidential control? [read post]
5 May 2020, 8:04 am by Jonathan H. Adler
[CNN reports that Attorney General Barr is (again) voicing opposition to DOJ's argument that zeroing out the mandate penalty should upend the entire law.] [read post]
2 May 2020, 12:01 pm by Jonathan H. Adler
[A review of Richard Epstein's latest book: The Dubious Morality of Modern Administrative Law] In the latest issue of National Review, I review Richard Epstein's latest book, The Dubious Morality of Modern Administrative Law. [read post]
1 May 2020, 6:36 am by Jonathan H. Adler
[No, the United States is still not able to test all those that it should.] [read post]
27 Apr 2020, 7:56 am by Jonathan H. Adler
[Three opinions, no blockbusters, but an odd (and unprecedented?) [read post]