Search for: "Matter of Power"
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27 Jun 2024, 9:30 pm
Confronted with the many congressional statutes that broadly delegated power in the 1790s, they claim that each of those acts falls into some exceptional category to which the nondelegation doctrine was supposedly inapplicable or weakly applicable, especially non-coercive matters or non-domestic matters. [read post]
27 Jun 2024, 2:49 pm
As I have noted before, this is the best way to understand why the Court stayed the EPA's Clean Power Plan back in 2016. [read post]
27 Jun 2024, 2:08 pm
The Dissent: “Today’s decision is a power grab. [read post]
27 Jun 2024, 2:06 pm
The cumulative effect of individual freedom and its exercise is transformed into the power of digital mass opinion and its conditioning shadow. [read post]
27 Jun 2024, 1:28 pm
However, I’ve found that in the majority of cases, mediation offers a powerful, less stressful alternative for negotiation. [read post]
27 Jun 2024, 1:15 pm
Below, we break down why the case matters, and what happens next. [read post]
27 Jun 2024, 11:19 am
That is the very opposite of the separation of powers that the Constitution demands. [read post]
27 Jun 2024, 10:06 am
EMTALA invokes only the Spending power and not the Commerce Clause power. [read post]
27 Jun 2024, 9:59 am
That standard led Ryan Goodman and Justin Hendrix to worry that Murthy might be a landmark Supreme Court decision that, ironically given its subject matter, would come out incorrectly due to deliberate misinformation in the trial record, presented by the plaintiffs and swallowed whole by the district judge. [read post]
27 Jun 2024, 9:29 am
Perhaps the Court found that because the statute lacked a jurisdictional hook, it didn't matter whether Lopez's individual conduct fell within the scope of the interstate commerce power. [read post]
27 Jun 2024, 8:55 am
Confronted with the many congressional statutes that broadly delegated power in the 1790s, they claim that each of those acts falls into some exceptional category to which the nondelegation doctrine was supposedly inapplicable or weakly applicable, especially non-coercive matters or non-domestic matters. [read post]
27 Jun 2024, 7:56 am
Japan, in this sense, may have substantially more maneuvering room than a developing state, but it is still exposed to and must react/protect itself against inward projections of foreign (regulatory and market) power, or adjust to them to the extent that their own projections of economic power makes that necessary. [read post]
27 Jun 2024, 7:00 am
Accordingly, an Institutional Manager must report a say-on-pay vote for a security if the manager: (1) has the power to vote, or direct the voting of, a security; and (2) exercises this power to influence a voting decision for the security. [read post]
27 Jun 2024, 6:44 am
Technological innovation remains at the forefront, with several companies introducing advanced AI-powered solutions. [read post]
27 Jun 2024, 6:19 am
If you are puzzled, will the lawyer clarify things in a considerate matter? [read post]
27 Jun 2024, 5:51 am
Much of the attention on Bill C-63 enforcement has focused on the proposed Digital Safety Commission, which has been granted incredibly broad ranging powers. [read post]
27 Jun 2024, 5:39 am
The stakes are high, as these legal matters often involve the most intimate aspects of our lives. [read post]
26 Jun 2024, 3:55 pm
Second, if this aspect of rhetoric is understood, we will notice when it is offered in a way that marginalizes some citizens by excluding them from its audience and implying that they don’t matter and that their concerns are beneath notice. [read post]
26 Jun 2024, 2:57 pm
" But as the [Fifth Circuit] recognizes, context matters. [read post]
26 Jun 2024, 2:01 pm
At the same time, those conversations can feel coercive to private sector entities because the government has a myriad of regulatory powers over the private sector, and every government communication necessarily carries an implied threat that non-compliance could trigger some negative consequence. [read post]