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[Jonathan H. Adler] Whether Chevron Stands or Falls, Any Deference Should Be Based Upon Delegation, Not Ambiguity

3 Feb 2024, 11:29 am by Jonathan H. Adler

Recall that in 2018, in Pereira v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”

3 Feb 2024, 9:52 am by Marty Lederman

” Some amici, such as Professor Kurt Lash, have filed briefs arguing that the presidency is not a “disqualified” office covered by the Positions Clause—in other words, that Section 3 permits someone to serve as President (or Vice-President) even if they are a covered person who has engaged in insurrection or rebellion against the United States (indeed, even if they’ve “given aid or comfort” to foreign… [read post]

Balkinization - http://balkin.blogspot.com/

Lenity and Agency Deference in Garland v. Cargill, by Tess Saperstein

31 Jan 2024, 6:22 am by Guest Author

As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

The Supreme Court and the Future of Commercial Regulation by the Administrative State

30 Jan 2024, 9:05 pm by renholding

”). [3] Beth Israel Hosp. v. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

[Kurt Lash] Section Three and the "First Insurrection" … That Wasn't

29 Jan 2024, 8:09 am by Kurt Lash

Akhil Reed Amar (Yale) and Vikram David Amar (Illinois) in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

How a Commitment Rule Would Improve the Choice of Cross-Border Insolvency Forum

28 Jan 2024, 9:05 pm by renholding

Thomas McCarthy Trustee Chair in Law and Political Science at USC Gould School of Law. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

A User’s Guide to Trump v. Anderson, Part One: Why the U.S. Supreme Court Might Resolve the Case Even Though Its Decision Probably Won’t Affect the Colorado Presidential Primary Election Ballot

28 Jan 2024, 8:49 pm by Marty Lederman

Trump v. [read post]

Balkinization - http://balkin.blogspot.com/

FAQs about the NetChoice Cases at the Supreme Court, Part 1

28 Jan 2024, 4:48 pm by Daphne Keller

How do the NetChoice cases relate to Murthy v. [read post]

Stanford Center for Internet and Society Blogs - http://cyberlaw.stanford.edu/blog

[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution

27 Jan 2024, 7:54 pm by Josh Blackman

[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

A Response to Brendan Carr and Nathan Simington on Texas HB20, by Thomas Berry

26 Jan 2024, 12:37 pm by Guest Author

Like any newspaper in a given market, X (f.k.a. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Case Comment: TUI Limited v Griffiths [2023] UKSC 481

26 Jan 2024, 1:15 am by CMS

The claimant obtained reports from a gastroenterologist, Dr Thomas, and a microbiologist, Professor Pennington. [read post]

UK Supreme Court Blog - http://ukscblog.com/

[Stephen Halbrook] Second Amendment Roundup: Agency "Guidance," Interpretive Regulations, and Chevron

25 Jan 2024, 6:55 pm by Stephen Halbrook

In Guedes v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Eugene Volokh] Prof. Thomas Merrill on "The Chevron Argument: Ambiguity Versus Delegation"

25 Jan 2024, 5:01 am by Eugene Volokh

Raimondo and Relentless, Inc. v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Clean Water Act is Substantially Restricted by the Supreme Court’s Decision in Sackett v. EPA

23 Jan 2024, 8:53 am by A. Hunter Faulkner, Esq.

Rapanos v. [read post]

Florida Commercial Real Estate and Land Use Law Blog - https://www.jimersonfirm.com/blog/category/florida-commercial-real-estate-and-land-use-law-blog/

Law and Media Round Up – 22 January 2024

22 Jan 2024, 1:10 am by INFORRM

” In July 2023, the High Court ruled part of the article carried defamatory meaning, in part because it could have been read as alleging Harry “was responsible for trying to mislead and confuse the public as to the true position, which was ironic given that he now held a public role in tackling ‘misinformation,’” The Duke of Sussex v Associated Newspapers Ltd [2022] EWHC 1755 (QB). [read post]

Inforrm's Blog - https://inforrm.wordpress.com/

When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

17 Jan 2024, 8:07 am by Eleonora Rosati

The author of a critical edition is required to ‘reconstruct’ the meaning of the text and convey the original message, given that such text is likely to be missing ‘pieces’.Translated into copyright language: a critical edition is an example of derivative work.Despite (or rather because of?) [read post]

IPKat - http://ipkitten.blogspot.com/

SCOTUS: “Chevron Deference” on the Chopping Block?

17 Jan 2024, 3:30 am by John Jenkins

Raimondo and Relentless Inc. v. [read post]

TheCorporateCounsel.net Blog - http://www.thecorporatecounsel.net/Blog/

Supreme Court Employment Law Cases: What to Watch For in 2024 (and Why)

12 Jan 2024, 3:08 am by Margaret House and Stephen “Steve” Pershing, Kalijarvi, Chuzi, Newman & Fitch, P.C.

Circuit case, Chambers v. [read post]

Human Resources News - https://hrdailyadvisor.blr.com/

Munoz v. Superior Court (9th Cir. - Jan. 9, 2024)

10 Jan 2024, 8:09 am

Thomas. [read post]