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4 Mar 2015, 12:51 pm
The key would be to win not on the basis of Chevron deference but on the basis of the South Dakota v. [read post]
15 Nov 2011, 9:25 am by HealthLawProf Hodnicki
Steven Schwinn over at Constitutional Law Prof, here, addresses the South Dakota v. [read post]
28 Dec 2010, 5:36 am by Ted Frank
Given the space limitations of a newspaper op-ed page, it is perhaps understandable that the discussion does not quite persuasively distinguish the 7-2 South Dakota v. [read post]
14 Nov 2011, 1:18 pm by Calvin Massey
The question squarely presented in that grant is whether the Medicaid expansion that is part of the optimistically named "Affordable Care Act" is void because it is coercive, under the framework established by South Dakota v. [read post]
8 Jun 2015, 10:25 am by Aaron Caplan
The two alcohol-related cases most firmly established in the canon and reproduced in whole or in part in virtually every Con Law casebook are South Dakota v. [read post]
7 Oct 2013, 8:20 am
Tellinghuisen, the Attorney General for the state of South Dakota, whose argument in South Dakota v. [read post]
17 Jun 2012, 2:59 am
 The two war veterans from farm states did not fear going where nobody had gone before.My exposure to all of this came when I was in college in South Dakota and was on multiple occasions able to sort of tag along, or hear from McGovern and his staff. [read post]
17 Aug 2012, 11:14 am by Lawrence Solum
The Court relied on, seemingly modified, and strengthened at least two existing elements of the test for conditional spending articulated in South Dakota v. [read post]
30 Mar 2010, 9:40 am by Rick Hills
Constitution sheds very little light on decisions like South Dakota v. [read post]
22 Jul 2010, 5:25 am by Gerard Magliocca
Another answer, following South Dakota v. [read post]
12 Nov 2010, 9:22 pm by Lawrence Solum
Here is the abstract: The Spending Clause has been interpreted to grant extremely broad discretion for Congress to offer conditional grants to the states - most recently in South Dakota v. [read post]
28 Jan 2013, 6:36 am by Aaron Barkoff
On January 23, 2013, a group of major universities and technology transfer offices filed an amicus brief urging the United States Supreme Court to affirm the Federal Circuit in Monsanto v. [read post]
28 Jun 2012, 8:40 am by Edward A. Fallone
This strikes me as a fairly reasonable gloss on the case of South Dakota v. [read post]
9 Dec 2011, 10:26 am by Nicole Huberfeld
When Chief Justice Rehnquist authored South Dakota v. [read post]
11 Mar 2015, 7:10 am
As I noted in my last post on the case, one possibility is that the Court could give Chevron deference to the IRS, and a second is that the Court could invoke the clear statement rule of South Dakota v. [read post]