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17 Sep 2019, 7:58 pm by Jonathan H. Adler
[In a newly filed brief with the Supreme Court, the Justice Department claims the Consumer Financial Protection Board's structure is unlawful.] [read post]
13 Sep 2019, 7:25 am by Bridget Crawford
Johnson ProfMEJohnson1 Baltimore Clinical Teaching     Robert Knowles ProfKnowles Baltimore Civil Procedure National Security Law   Colin Starger ColinStarger Baltimore       Nadia Ahmad nadiabahmad Barry Property Environmental Law Corporate Law Loren Mulraine LorenMulraine Belmont Entertainment Law Media Law Intellectual property Jeffrey Usman Prawfish Belmont       Máiréad  Enright marieadenright Birmingham (UK) Law & Religion… [read post]
10 Sep 2019, 4:58 am by Jonathan H. Adler
[The Notorious RBG counsels against ideological litmus tests for judicial nominees.] [read post]
9 Sep 2019, 2:59 am by Walter Olson
Umbehr case, in which the Supreme Court ruled 7-2 that the First Amendment restrains localities’ discretion to shun contractors because of their politics; Jonathan Adler in 2015 on the Chick-Fil-A controversies; and reporting on the San Francisco supervisors’ resolution to use nicer, not-so-dehumanizing terminology about criminals (Jim Geraghty at National Review noticed this before me). [read post]
28 Aug 2019, 5:34 am by Jonathan H. Adler
[Government officials fail to follow Supreme Court decisions at their own risk.] [read post]
23 Aug 2019, 11:53 am by Jonathan H. Adler
[As we await the Trump Administration to finalize a new definition of "waters of the United States," federal courts continue to reject the Obama Administration's effort] On Wednesday, a federal district court in Georgia concluded held that the Obama Administration's attempt to define "waters of the United States" under the Clean Water Act (CWA), through the so-called "WOTUS" rule, was substantively and procedurally invalid. [read post]
5 Aug 2019, 1:39 pm by Jonathan H. Adler
[Tools exist to modify the incentives for legislative action, and Congress could deploy some of those tools itself to encourage more regular reauthorization and modernization of federal regulatory programs.] [read post]
1 Aug 2019, 11:05 am by Jonathan H. Adler
[Will the courts ever be willing to curb excessive delegation? [read post]
28 Jul 2019, 2:10 pm by Jonathan H. Adler
[Sometimes it is not the breadth of legislative delegation that is a problem, so much as it is the age (and potential obsolescence) of such delegation, and that's something Congress should learn to address.] [read post]
25 Jul 2019, 8:28 am by Jonathan H. Adler
[In recent interview, Justice Ginsburg says it would be a bad idea to increase the number of justices] Some progressive pundits and policymakers have embraced the idea of increasing the number of Supreme Court justices in order to offset the confirmation of Justices Neil Gorsuch and Brett Kavanaugh and enshrine a liberal majority on the Court. [read post]
17 Jul 2019, 2:58 am by Walter Olson
Cato batted 12-4 in Supreme Court term that saw Kavanaugh agreeing nearly as often with Kagan as with Gorsuch [Ilya Shapiro; another roundup of the recently concluded term from Jonathan Adler] Not only is Alan Dershowitz wrong about Supreme Court review of impeachment, he’s wrong in a way that practically invites constitutional crisis [Keith Whittington] High court declines certiorari in challenge to Wisconsin butter grading law [Ilya Shapiro and Matt Larosiere, Mark… [read post]
8 Jul 2019, 8:09 pm by Jonathan H. Adler
[A quick round up and response to Josh Blackman and Randy Barnett] Tomorrow at 1pm Central (2pm Eastern), the U.S. [read post]
8 Jul 2019, 8:32 am by Howard Bashman
As noted here, this year’s panelists (in alphabetical order) are Jonathan Adler; Erwin Chemerinsky; Chris Geidner; Michele Goodwin; and Sarah Harrington. [read post]
8 Jul 2019, 8:32 am by Rick Hasen
The speakers are Jonathan Adler, Erwin Chemerinsky, Chris Geidner, Michele Goodwin, and Sarah Harrington. [read post]
6 Jul 2019, 8:56 am by Walter Olson
Jonathan Adler at Cato’s Regulation magazine: During the 2016 presidential campaign, Donald Trump promised to “eliminate the unconstitutional Waters of the U.S. rule” and constrain federal regulation of private land use. [read post]
2 Jul 2019, 3:57 pm
” Panelists include Jonathan Adler, Erwin Chemerinsky, Chris Geidner, Michele Goodwin and Sarah Harrington; Rick Hasen will serve as moderator. [read post]
1 Jul 2019, 12:13 pm by Andrew Hamm
” Panelists include Jonathan Adler, Erwin Chemerinsky, Chris Geidner, Michele Goodwin and Sarah Harrington; Rick Hasen will serve as moderator. [read post]