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12 Apr 2025, 10:24 am by Nicholas Mammel
Agencies were built on decades of regulatory knowledge and practical expertise, and they are meant to withstand such administrations via the power of Congress. [read post]
8 Aug 2012, 2:51 am
  The court repeatedly noted that it was only deciding whether Great American had asserted a claim that could withstand a motion to dismiss. [read post]
16 Oct 2013, 10:25 am by Doorey
  Do you think a law ordering a union to provide free professional services to non-members could withstand a Charter ‘freedom of association’ complaint? [read post]
4 Nov 2020, 11:15 am by Bob Ambrogi
When it was TR’s turn to respond, Cendali argued that TR’s complaint had met the requirements to withstand a motion to dismiss. [read post]
12 Mar 2012, 1:23 am by Kevin LaCroix
In order to address these concerns, a group of lawyers and academics have proposed a new form of enterprise, the benefit corporation. [read post]
29 Jun 2011, 11:42 am by Lyle Denniston
”  His opinion questioned the action/inaction dichotomy that has been the central thrust of the constitutional challenges to the mandate, but went on to find that the mandate was simply too sweeping an intrusion into private lives and state authority to withstand a challenge.. [read post]
23 Oct 2012, 9:01 pm by Michael C. Dorf
Notwithstanding the recent ruling in the Hamdan case, perhaps the government will eventually construct a system of detention and military trials that withstands court scrutiny. [read post]
15 Aug 2014, 8:49 am by Michael M. O'Hear
He argues: [R]etribution is based on a commonsense, folk psychology model of human behavior that does not withstand scrutiny. [read post]
22 Aug 2012, 3:02 pm by Drew Kershen
”); and “heritage” animal breeds better able to withstand diseases and harsh environments and grow fat and happy on pastureland alone. [read post]
23 Dec 2010, 10:51 am by Nathan
 It’s one of the things that we absolutely love about being a lawyer. [read post]
22 Feb 2021, 3:24 pm by Rankings
The student-athlete is considered recovered from the injury and can withstand the rigors of competition. [read post]
27 Jun 2012, 9:30 pm by Jack Beermann
  That the Romney proposal does not withstand scrutiny as a promising blueprint for administrative law reform should not obscure its value as a political document. [read post]
7 Feb 2007, 3:42 am
However, you provided them with a prepared statement (not therefore an instant response to questions put without warning,) which, with the assistance of your lawyer, you had devised. [read post]
30 Aug 2024, 2:34 pm by Eugene Volokh
Defendants, on the other hand, argue that we should apply rational basis review, which they contend the exemption easily withstands. [read post]
21 Mar 2019, 1:05 pm by BFEliteJasmine
To think about it a different way: If a car cannot withstand the forces involved in a collision, there is simply no way that a piece of clothing is going to fully protect you. [read post]
5 Dec 2010, 2:25 pm by Stephen Page
Examples from the evidence before his Honour include:- An acknowledgement, put forward by the husband to the Child Support Agency, that “not withstanding the current market”, the husband’s “experience and skills, employment history” were such that he could “have employment in months”;The husband confirmed clearly in his evidence that this was in fact his expectation;The husband conceded that any expected employment would “be in a similar… [read post]
24 Jan 2023, 4:00 am by Guest Author
I suppose this is part of what people mean when they talk about learning how to “think like a lawyer,” and there is surely great value in the kind of analogical reasoning that this entails. [read post]
13 Jun 2016, 9:30 pm by Elizabeth Warren
Yet, even if an agency manages to jump through all of the procedural hoops and withstands all the pressure, and actually ultimately issues a final rule, companies will sue. [read post]
20 Jun 2023, 3:04 am by Seán Binder
Germany’s military needs to build up an inventory of some 230,000 shells by 2031 to comply with NATO goals to have enough artillery to withstand 30 days of intensive combat. [read post]