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3 Jul 2022, 7:15 am by Guest Author
How does the major-questions doctrine fit into Chevron’s framework—if it does at all? [read post]
21 Jun 2022, 6:30 am by Guest Blogger
Levinson’s thesis applies with special force to the Constitution, which attempts to freeze language to control future events.[5]Yet few scholars believe the historical meaning of the Constitution can be recovered with certainty.[6]Moreover, even if such an “originalist” approach were possible, the Court does not adhere to it, but instead relies on precedent and political judgments.[7]Nonetheless, the Court’s constitutional interpretations are generally accepted… [read post]
Parrish (upholding minimum wage legislation) and Barnett v. [read post]
24 May 2022, 4:00 am by Eric Segall
It is on a similar principle that Professor Barnett once expressed that he "is sympathetic" with Professor Jack Balkin's claim that Roe v. [read post]
20 May 2022, 1:56 pm by David Kopel
Randy Barnett and the Commerce Clause Koppelman takes aim a [read post]
2 May 2022, 1:48 pm by Jonathan M. Barnett
Barnett of USC Gould School of Law—the eighth entry in our FTC UMC Rulemaking symposium—are developed in greater detail in “Regulatory Rents: An Agency-Cost Analysis of the FTC Rulemaking Initiative,” a chapter in the forthcoming book FTC’s Rulemaking Authority, which will be published by Concurrences later this year. [read post]
2 May 2022, 4:30 am by Eric Segall
" He has made it clear that, in addition to rejecting Roe and Casey, and the delegation doctrine, a particular object of his scorn is Obergefell v. [read post]
28 Apr 2022, 4:34 am by Charles Sartain
He argued that, under the Supreme Court’s opinion in Occidental Chemical Corp. v. [read post]
27 Mar 2022, 10:36 am by Annsley Merelle Ward
  The House of Bruar admitted infringement of the Amira boot, such that it was only the Regina boot that was at issue in the recent judgment of Miss Recorder Amanda Michaels in Fairfax & Favor v House of Bruar [2022] EWHC 689. [read post]