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6 Mar 2024, 9:03 pm
The Supreme Court articulated the meaning of materiality in cases in the 1970s and 1980s.[6] It is this standard of materiality that is reflected in Commission rules.[7] It is this same materiality standard that appears in numerous disclosure rules governing registration statements and public company annual reports.[8] It is this same materiality standard that is used throughout the final rules we’re considering today. [read post]
20 Dec 2023, 12:09 pm
Independent, Non-commissioned Examination of the Cunniff Report (in re the Sagadahoc S.O. [read post]
1 Jun 2023, 4:06 am
Judges, when they're enforcing a rule that comes from outside themselves, might have to enforce a rule that isn't exactly the same as the reasons for the rule. [read post]
29 Jul 2022, 7:16 am
We’re happy to supply both. [read post]
29 Jul 2022, 7:16 am
We’re happy to supply both. [read post]
1 Jul 2022, 5:30 am
We’re happy to supply both. [read post]
7 Jun 2022, 4:27 pm
But I’d also note that some of the facile claims made in these debates – e.g., that Europe has equal environmental performance to the United States so what we’re doing must clearly be wrong – are not necessarily true. [read post]
6 Oct 2021, 5:01 am
Mortensen and Nicholas Bagley have found some strikingly broad delegations. [read post]
19 Apr 2021, 3:03 pm
If you are interested in administrative law (and perhaps even if you're not), this symposium is highly recommended (at least until I contribute). [read post]
4 Oct 2020, 6:30 am
In re Certified Questions, however, essentially ignored Michigan even while ostensibly discussing Michigan’s Constitution. [read post]
8 May 2020, 9:30 pm
Sure, you're on lock down, but that doesn't mean you can't (virtually) browse the George Wythe Room at the Wolf Law Library at William & Mary. [read post]
29 Apr 2020, 9:13 pm
If you're interested in the national injunction or the APA or both, there's plenty to read. [read post]
6 Feb 2020, 9:05 pm
” WHAT WE’RE READING THIS WEEK The so-called nondelegation doctrine—which suggests that the U.S. [read post]
2 Jan 2020, 9:05 pm
WHAT WE’RE READING THIS WEEK In an article published in the Michigan Law Review, Professor Nicholas Bagley of the University of Michigan Law School argued that certain procedural constraints within administrative law should be eliminated as counterproductive and unnecessary. [read post]
1 Jan 2020, 7:03 pm
Good luck getting a copy if you're not a subscriber and don't have access through an institutional library. [read post]
12 Aug 2019, 4:43 am
BAGLEY: Objection.Q. [read post]
23 Jun 2019, 3:28 am
These are the arguments in favor of rule by bureaucracy, and they’re not necessarily wrong. [read post]
6 Jun 2019, 8:07 am
So this really is a thing — we’re not weird or anything. [read post]
23 May 2019, 7:12 am
Bagley, Brady v. [read post]
18 Apr 2019, 2:42 pm
John Elwood reviews Monday’s relists. [read post]
