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17 Jan 2024, 5:04 am by Guest Author
They could not constitutionally be vested with a general discretionary power to fill in the details of the statutory framework without any supervision by a principal officer, and the restrictions on the Secretary’s reviewing powers in the fourth section of the statute make it clear that the Secretary does not have much supervision over the regional councils. [read post]
10 Jan 2024, 2:12 pm by Guest Author
And, for good measure, for some of these multimember agencies like the FTC, their enabling statutes expressly provide that a commissioner may be removed only for “inefficiency, neglect of duty, or malfeasance in office. [read post]
23 Dec 2023, 12:38 pm by Michael Lowe
  The USSC is a part of the judicial branch; however, it does not answer to the courts. [read post]
11 Dec 2023, 9:01 pm by renholding
Key Takeaways Plaintiffs must prove actual unauthorized reproduction; mere usage of or reliance on an already trained model does not suffice for direct copyright infringement based on AI training. [read post]
8 Dec 2023, 8:50 am by Will Baude
It does so in front of an administrative officer who is part of the SEC, not a court or a jury. [read post]
5 Dec 2023, 9:01 pm by Michael C. Dorf
And even if it does, a flood of new cases could strain the federal district courts’ capacity.In light of the looming crisis in administration of federal law, what can be done? [read post]
27 Nov 2023, 8:30 am by Ronald Mann
Chief Justice John Roberts reasoned for the majority in that case that the president “cannot” fulfill his constitutional obligation to “‘take Care that the Laws be faithfully executed’ if he cannot oversee the faithfulness of the officers that execute them. [read post]
20 Nov 2023, 1:40 pm by Tom Joscelyn
This was just five days before Chesebro’s meeting with Trump in the Oval Office. [read post]
20 Nov 2023, 4:00 am by Michael C. Dorf
The rest of Article II makes unmistakably clear that the President does not act alone. [read post]
5 Oct 2023, 6:41 am by Dan Bressler
Dietderich quickly arranged for Sam Bankman-Fried, the exchange’s founder, to step down so that a new chief executive, John Jay Ray III, a specialist in corporate turnarounds, could lead the company. [read post]
4 Oct 2023, 7:41 am by Norman L. Eisen
Trump Case No. 9:23-cr-80101 Charging instruments and Arraignment Superseding Indictment charging a third defendant, Carlos De Oliveira, with four counts, and adding three counts against Trump and two counts against Nauta (July 27, 2023) Indictment of Donald Trump and Waltine Nauta (June 8, 2023) Trump waiver of appearance at arraignment, and entry of not guilty plea (Aug. 4, 2023) Government notice of superseding indictment (July 27, 2023) Minute order for Nauta initial appearance and arraignment… [read post]
15 Sep 2023, 12:30 pm by John Ross
But RLUIPA only lets him sue for "appropriate relief" and that does not include money damages against individual officers. [read post]
1 Sep 2023, 2:39 pm by Eugene Volokh
From Texas Supreme Court Justice John Devine's dissent from denial of petition for writ of mandamus today in In re Hotze: In our republican form of government, the relationship between citizens and their political representatives is sacred and constitutionally protected. [read post]
29 Aug 2023, 6:36 am by jonathanturley
First, he denied that he ever asked White House personnel officer John McEntee to draft a memo to Vice President Mike Pence on how to delay certification of the election. [read post]
25 Aug 2023, 12:30 pm by John Ross
The passenger argues state law does not require a signal when lanes merge, only when a vehicle has to change lanes. [read post]
16 Aug 2023, 10:52 am by Kevin LaCroix
[iii] Historically, the SEC’s use of, and the remedies it could seek with, administrative proceedings was limited. [read post]
31 Jul 2023, 11:50 am by Josh Blackman
The only issue that gets his dander up is any perceived intrusion about the Judiciary (read John Roberts's) powers. [read post]