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8 Jan 2017, 5:17 pm by Thomas G. Heintzman
The Privy Council held that the power to award extra payments under a fixed price contract is wider than the parties assumed, and upheld the entitlement of the contractor to extra payment. [read post]
29 Jun 2012, 5:40 am by Dan Ernst
Filburn (1942) and United States v. [read post]
9 Aug 2019, 11:15 am by Matthew L.M. Fletcher
Inherent in the recognition of a tribal court’s judgment against a nonmember is a question regarding the extent of the powers reserved to the tribe under federal law. [read post]
17 May 2023, 4:05 pm by Lawrence Solum
With the fishermen hoping to steer their case towards a Chevron-skeptical Supreme Court, this essay examines what role deference played in the DC Circuit's ruling against the fishermen, how the DC circuit's rhetorical framing of the statute in conjunction with Chevron's permissive presumption of delegation allowed the court's majority to imply an enormously consequential funding power, and how a less deferential approach would result in a different assessment of the… [read post]