Search for: "Jonathan H. Adler"
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29 Dec 2024, 7:42 pm
In early December, the Supreme Court heard oral argument in Food and Drug Administration v. [read post]
27 Jun 2022, 6:46 am
[Justice Thomas reiterates his desire to revisit the contours of defamation law and New York Times v. [read post]
6 Jan 2023, 6:06 pm
[A majority of judges concluded the plain language of the statute does not apply to bump stocks, but they also would have denied Chevron deference had they found the statute ambiguous.] [read post]
14 Jun 2024, 3:01 pm
[The court concludes states are likely to succeed in their procedural challenges to the Education Department's decision to extend Bostock to Title IX.] [read post]
25 Mar 2023, 8:05 am
[The Eighth Circuit joins the First, Third, Fourth, Ninth, and Tenth in rejecting the arguments for removal, but Judge David Stras writes an interesting concurrence.] [read post]
5 Mar 2024, 7:47 pm
[Former cobalt miners cannot sue manufacturers for acquiring rare metals in relevant markets.] [read post]
8 Jul 2018, 11:50 am
In tomorrow's WSJ, the Cato Institute's Walter Olson explains why the Supreme Court's landmark decision in OBergefell v. [read post]
1 Nov 2024, 1:26 pm
On Tuesday, in Hanson v. [read post]
23 Aug 2023, 11:23 am
[Further debate on textualism, "common good constitutionalism," and the classical legal method.] [read post]
17 Aug 2022, 1:05 pm
[Five Circuits have considered, and rejected, fossil fuel efforts to get state-law tort and nuisance claims removed to federal court. [read post]
5 Mar 2025, 4:56 pm
[An exploration of some of the thorny issues that divided the Court.] [read post]
6 May 2023, 10:31 am
[A new report purporting to show that Missouri's arguments for standing in Nebraska v. [read post]
15 May 2025, 7:51 am
[The Chief Justice is more consistent than his critics, left and right.] [read post]
11 Feb 2018, 9:08 am
[Herewith is another post wondering what has happened with Mann v. [read post]
21 Jul 2023, 6:43 am
[Judge Rao's 2022 Canary lecture has now been published in the Case Western Reserve Law Review.] [read post]
20 Nov 2024, 4:43 pm
It is not often that federal court opinion begins by referencing the Judiciary Act of 1789, but sometimes it is called for. [read post]
15 Dec 2021, 10:33 am
[A majority of judges on the court did not vote in favor of the petitions for initial hearing en banc, so the challenge will be heard by a three-judge panel] (Note: This post has been updated with excerpts from the opinions.) [read post]
10 Jan 2022, 2:51 pm
[Does it matter that the year Congress enacted the Occupational Safety and Health Act was as proximate to the Spanish Flu as to today?] [read post]
3 Feb 2022, 6:24 pm
[A unanimous panel rejects a Trump Administration change to rules on collective bargaining for government workers.] [read post]
19 May 2022, 2:37 pm
[Language in the American Rescue Plan Act prohibits states from using the funds "directly or indirectly" to offset lost revenues from tax cuts.] [read post]
