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6 Mar 2023, 3:35 pm by Jonathan H. Adler
[A NewYorker essay on why no one studies English anymore.] [read post]
2 Mar 2023, 2:36 pm by Jonathan H. Adler
[By an amazing coincidence, a current poroperty dispute is occurring at the site of a storied property law case.] [read post]
1 Mar 2023, 5:40 pm by Jonathan H. Adler
[Thoughts on recent oral argument exchanges on whether the Administrative Procedure Act contemplates (let alone requires) universal vacatur.] [read post]
28 Feb 2023, 12:21 pm by Jonathan H. Adler
[The Bank Secrecy Act divides the justices in an unusal way, and Justice Barrett authors her fourth opinion in an argued case.] [read post]
28 Feb 2023, 11:59 am by Jonathan H. Adler
[To the junior-most justice goes a case arising out of the Supreme Court's original jurisdiction concerning the Abandoned Money Orders and Traveler's Checks Act.] [read post]
27 Feb 2023, 2:38 pm by Jonathan H. Adler
[Professor Michael McConnell writes to suggest that even if VIce President Pence was performing legislative functions on January 6, the Constitution's text does not extend the privilege to him.] [read post]
26 Feb 2023, 6:27 am by Jonathan H. Adler
[The January 6 invistigations have renewed interest in this somewhat obscure constitutional provision and the scope of its protections.] [read post]
22 Feb 2023, 9:21 am by Jonathan H. Adler
[Justice Barrett has produced two majority opinions before most of her colleagues have produced one. ] Justice Ruth Bader Ginsburg was "notorious" for many things, including being one of the fastest opinion writers on the Court. [read post]
22 Feb 2023, 6:58 am by Jonathan H. Adler
[For the second time, Justice Jackson dissents from the Supreme Court's refusal to hear a case.] [read post]
21 Feb 2023, 6:19 pm by Jonathan H. Adler
[A Ninth Circuit opinion concludes that when a federal agency seeks a voluntary remand of a contested rule, that is not enough to vacate the regulation. ] Among the Trump Administration's more controversial regulations was an Environmental Protection Agency rule that narrowed the ability of states to block projects by denying certification under Section 401 of the Clean Water Act. [read post]
14 Feb 2023, 11:52 am by Jonathan H. Adler
[The nation's control over the air above our heads is less settled than some may think.] [read post]
14 Feb 2023, 11:23 am by Jonathan H. Adler
[FTC Commissioner Christine WIlson is resigning from the Commission. [read post]
14 Feb 2023, 11:04 am by Jonathan H. Adler
[A trial judge's decision to hold Donald Trump in contempt for failing to comply with a demand for documents is upheld. ] Today a New York state appeals court upheld a $110,000 contempt sanction against Donald Trump for failing to comply with a court order demanding the production of particular documents necessary for an investigation into the former President's business dealings conducted by the New York state attorney general. [read post]
8 Feb 2023, 8:11 am by Jonathan H. Adler
[The Biden Administration suggests that the Title 42 case before the Supreme Court will be moot before it is decided.] [read post]
8 Feb 2023, 5:04 am by Jonathan H. Adler
[A new study challenges the conventional wisdom on voter ID laws.] [read post]
7 Feb 2023, 3:51 pm by Jonathan H. Adler
[A proposal to limit state AG (and other) forum-shopping for national injunctions.] [read post]
7 Feb 2023, 3:37 pm by Jonathan H. Adler
[ Amna Khalid and Jeffrey Aaron Snyder argue that we should not kid ourselves about the threat university DEI bureaucracies pose to academic freedom, but is there a better way?] [read post]