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26 Feb 2023, 6:27 am by Jonathan H. Adler
I further wonder whether any such privilege that Pence could claim has been waived because some of his staff have already testified on these matters. [read post]
10 Feb 2023, 12:00 am by Brett Surbey
If there are glaring errors, your entire point will fall apart, no matter how strong it is. [read post]
15 Jan 2023, 2:58 pm by Jonathan H. Adler
" Accordingly, when parents find themselves in court fighting over custody, child support, or other matters, arguments are typically framed in such terms, even if the parents are pursuing their own selfish interests. [read post]
6 Jan 2023, 6:30 pm by Jonathan H. Adler
Mitchell said that some of the matters he handles are ones that the big law firms "would never touch with a ten-foot pole" for fear of offending liberals. [read post]
6 Jan 2023, 6:02 am by Richard Hunt
Jonathan Adler Enterprises, LLC, 2022 WL 17978906, at *2 (S.D.N.Y. [read post]
30 Dec 2022, 6:36 pm by Jonathan H. Adler
There simply is no limiting principle to cabin that definition of "sex" to the regulatory carve-out for bathrooms under Title IX, as opposed to the regulatory carve-out for sports or, for that matter, to the statutory and regulatory carve-outs for living facilities, showers, and locker rooms. [read post]
29 Dec 2022, 7:34 am by Jonathan H. Adler
But such instances seemed more a matter of tossing in a few lines here and there to support a particular result than any application of an established doctrine. [read post]
21 Dec 2022, 11:03 am by Jonathan H. Adler
In the Supreme Court, the only number that truly matters is five. [read post]
14 Dec 2022, 10:15 am by Jonathan H. Adler
Then, it read Title IX to cover virtually anyone who sets foot on campus, no matter the reason. [read post]
13 Dec 2022, 5:51 pm by Jonathan H. Adler
The piece begins: In early June 2020, as Black Lives Matter protests flowered across the United States following the murder of George Floyd, businesses and other institutions rushed to enhance their diversity efforts. [read post]
12 Dec 2022, 2:57 pm by Jonathan H. Adler
The Administrative Procedure Act ("APA") enshrines this principle by explicitly withholding judicial review of matters "committed to agency discretion by law. [read post]
3 Dec 2022, 3:26 pm by Ilya Somin
I will only note that the extent to which trust matters to important social outcomes is highly contested by experts in the field. [read post]
1 Dec 2022, 5:14 pm by Jonathan H. Adler
The Richey test has been in place for nearly fifty years; its limits apply no matter who the government is investigating. [read post]
1 Dec 2022, 1:26 pm by Ilya Somin
As a practical matter, I think that if a majority of justices expected to rule in favor of the plan, they would probably have also lifted the temporary injunction. [read post]
28 Nov 2022, 6:27 pm by Jonathan H. Adler
" Because "there is only one reasonable construction" of the Guideline, the "court has no business deferring to any other reading, no matter how much the [Commission] insists it would make more sense. [read post]