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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]
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]
18 Nov 2022, 5:22 am by Jonathan H. Adler
It did not matter whether one of the applicants had better political connnections or relationships than the others. [read post]
14 Nov 2022, 6:26 pm by Jonathan H. Adler
., dissenting from denial of certiorari), has found its natural complement in other judges' distaste for correcting errors en banc, no matter how blatant, repetitive, or corrosive of circuit law. [read post]
11 Nov 2022, 7:55 am by Jonathan H. Adler
When suing someone it helps to know where they live, as this can have subject matter or personal jurisdiction significance. [read post]
8 Nov 2022, 12:33 pm by Jonathan H. Adler
This interlocutory appeal raises the question of whether the fact that the appellants testified in their respective depositions resulted in their having waived their Fifth Amendment privileges for the civil trial on the subject matter about which they previously testified. [read post]
7 Nov 2022, 7:19 am by Guest Author
(“No serious congressional scholar believes that Congress speaks clearly when addressing major questions as a descriptive matter. [read post]
4 Nov 2022, 6:00 am by Daniel Gilman
Research still matters, so I recommend video from the Federal Trade Commission’s 15th Annual Microeconomics Conference, if you’ve not already seen it. [read post]
27 Oct 2022, 3:37 pm by Jonathan H. Adler
What judges say only really matters if it's necessary to resolve an ongoing dispute. [read post]
24 Oct 2022, 5:14 am by INFORRM
The claimant was able to establish that the publication of each of the matters complained of was of a sufficient extent 64] and caused serious harm [77]. [read post]
23 Oct 2022, 5:26 am by Jonathan H. Adler
Grand juries—and, for that matter, civil litigants—routinely employ subpoenas for phone records, and any such subpoena necessarily reveals something about a person's associations. [read post]
21 Oct 2022, 1:20 pm by Jonathan H. Adler
The biggest problem, as suggested above, is that the IWG's Social Cost of Carbon estiamte does not, by itself, cause any cognizable injuries, and is not certain to cause any such injuries in the future, as the estimates (even if relied upon by agencies as the President has instructed), will be one of multiple factors influencing agency decisions, and it will be actual agency decisions about discrete matters that will be the source of any injury the states ultiamtely suffer. [read post]
21 Sep 2022, 6:57 pm by Jonathan H. Adler
I doubt any such filing will produce a different result (and would be quite surprised were the Supreme Court to respond quickly enough to matter). [read post]
21 Sep 2022, 9:20 am by Jonathan H. Adler
EPA, the Supreme Court whole-heartedly embraced the major questions doctrine, under which agencies asserting broad regulatory powers implicating matters of exceptional economic or political significance must be able to identify a clear statement from Congress authorizing the exercise of such powers. [read post]
17 Aug 2022, 3:10 pm by Jonathan H. Adler
Were the Fifth Circuit correct, it would be an unconstitutional delegation of power when Congress allows agencies (or any executive official, for that matter) the choice of proceeding civilly or criminally against a regulated entity for related conduct. [read post]
3 Aug 2022, 8:20 am by Jonathan H. Adler
It also missed an opportunity to refocus the major questions doctrine on what really matters in cases like this: What power to Congress delegate to the agency. [read post]