Search for: "Matter of Adler"
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[David Kopel] Restoring the right to bear arms, New York State Rifle and Pistol Association v. Bruen
9 Aug 2022, 9:19 am
Among the articles I look forward to reading are the VC's Ilya Somin on the vaccine mandate cases and Jonathan Adler on West Virginia v. [read post]
3 Aug 2022, 8:20 am
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]
20 Jul 2022, 12:59 pm
It's a matter of policy. [read post]
20 Jul 2022, 3:06 am
As an initial matter, the record raises “a question of fact as to whether the applicable statute of limitations was tolled by the continuous representation doctrine” (Stein Indus., Inc. v Certilman Balin Adler & Hyman, LLP, 149 AD3d at 790). [read post]
10 Jul 2022, 10:34 am
Rather, the ambiguity must concern a matter delegated to the agency to resolve. [read post]
1 Jul 2022, 1:18 pm
This is particularly true where the subject matter concerns questions on the frontiers of science, or in areas that are contested. [read post]
1 Jul 2022, 12:40 pm
The subject matter of the regulation here makes the Court's intervention all the more troubling. [read post]
30 Jun 2022, 9:25 am
And the question whether a court has jurisdiction to grant a particular remedy is different from the question whether it has subject matter jurisdiction over a particular class of claims. [read post]
30 Jun 2022, 7:05 am
As a matter of "definitional possibilities," FCC v. [read post]
27 Jun 2022, 7:11 am
Section 1461, for instance, makes it illegal to mail "obscene or crime-inciting matter," and defines such materials to include "Every paper, writing, advertisement, or representation that any article, instrument, substance, drug, medicine, or thing may, or can, be used or applied for producing abortion, or for any indecent or immoral purpose. [read post]
26 Jun 2022, 7:35 am
It does not, as the Court's substantive due process cases suppose, "forbi[d] the government to infringe certain 'fundamental' liberty interests at all, no matter what process is provided. [read post]
22 Jun 2022, 8:50 am
[No matter how the Supreme Court rules in West Virginia v. [read post]
20 Jun 2022, 3:23 pm
Indeed, even organizations with an interest in exaggerating conservative influence on federal courts, such as Balls & Strikes, do not count senior judges when tabulating the ideological balance of a court -- nor, for that matter, did the New York Times itself, which followed the convention of only counting active judges in prior news stories discussing the balance of circuit courts. [read post]
16 Jun 2022, 8:45 am
Biden could decline to pursue charges as a policy matter, control of the department could flip in the 2024 presidential election, and federal prosecutors could then charge people with crimes, like abortion, retroactively. [read post]
15 Jun 2022, 8:03 am
A new administration is of course as a general matter entitled to do that. [read post]
13 Jun 2022, 4:00 am
From SSRN:Katharine Young, Book Review: Adam Chilton and Mila Versteeg, How Constitutional Rights Matter, New York: Oxford University Press, 2020, (Journal of Legal Education Vol. 70, No. 1 (Fall 2020)).Mingyu Jun, The Best Interests of Children Overlooked: Should Faith Based Agencies Be Forced Out? [read post]
31 May 2022, 6:33 pm
UPDATE: Co-blogger Jonathan Adler, an expert on environmental law, has a post on the case here. [read post]
31 May 2022, 11:59 am
Adler, 195 A.D.3d 452 (1st Dept. 2021) Keimoneia Redish, an asthmatic, went to the emergency room at St. [read post]
27 May 2022, 9:32 am
For that matter, the recent masking reimpositions in Ingham County itself show that this dispute could reasonably recur. . . . [read post]
26 May 2022, 12:00 pm
The theory of the suit, however, was something else, and the initial district court order was wrong on multiple levels, merely as a matter of administrative law. [read post]
