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16 Jul 2022, 6:00 am by Lawrence Solum
The Download of the Week is Computational Corpus Linguistics by Jonathan H. [read post]
10 Jul 2022, 10:34 am by Jonathan H. Adler
Rather, the ambiguity must concern a matter delegated to the agency to resolve. [read post]
1 Jul 2022, 1:18 pm by Jonathan H. Adler
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 by Jonathan H. Adler
The subject matter of the regulation here makes the Court's intervention all the more troubling. [read post]
30 Jun 2022, 9:25 am by Jonathan H. Adler
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]
27 Jun 2022, 7:11 am by Jonathan H. Adler
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 by Jonathan H. Adler
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]
24 Jun 2022, 6:30 am by Guest Blogger
”  The “star” of the symposium was the wonderful-in-every-way polymath Jonathan Miller, but in fact everyone was terrific. [read post]
20 Jun 2022, 3:23 pm by Jonathan H. Adler
 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 by Jonathan H. Adler
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 by Jonathan H. Adler
A new administration is of course as a general matter entitled to do that. [read post]
27 May 2022, 9:32 am by Jonathan H. Adler
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 by Jonathan H. Adler
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]