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21 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
The most straightforward way to understand his thinking is apparently that the pendency of the inevitable lawsuits would so roil the financial markets that the economy would be damaged in the meantime—AND that doing so would be worse than the alternatives.Again, he is right that there would be a political crisis, and the days, weeks, or months that the world would spend waiting for a resolution would make the 2000 Bush v. [read post]
14 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
(That essay also explains the math that we used to derive the 40,100 percent interest rate stated above.)Our overall bottom line does not change, however, because the fundamental objection to all of the gimmicks has less to do with the exact interaction of the words of the key statutes than it does with a fundamental principle of statutory interpretation. [read post]
8 May 2023, 12:28 am by Christin Thompson
States also have the administrative authority to bar providers from participating in their State Medical Assistance Programs (primarily Medicaid and CHIP).[5] Medicaid exclusion actions[6] are similar to OIG exclusions in many respects, but there are also important differences. [read post]
4 May 2023, 9:05 pm by renholding
Attorney General William Barr stated in the Wall Street Journal that the belief that ESG factors are material to profitability “appears to rest more on hope than fact. [read post]
17 Apr 2023, 6:10 am by Guest Author
(In his concurrence Chief Justice Roberts also clarifies that the case does not limit Chevrondeference.) [read post]
17 Apr 2023, 6:10 am by Guest Author
(In his concurrence Chief Justice Roberts also clarifies that the case does not limit Chevrondeference.) [read post]
8 Apr 2023, 6:00 am by Michael Froomkin
” — West Virginia State Bd. of Educ. v. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
Gerhardt, The Power of Precedent (Oxford 2008) Robert Bennett & Lawrence Solum, Constitutional Originalism (Cornell 2011) Gary L McDowell, The Language of Law & the Foundations of American Constitutionalism (Cambridge 2010) Eric Segall, Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices Are Not Judges (Praeger 2012) Michael Greve, The Upside-Down Constitution (Harvard 2012) Alexander Tsesis, The Thirteenth Amendment and American Freedom (NYU 2004) 2011: H.… [read post]
28 Feb 2023, 9:05 pm by Evelyn Tsisin
This case is one of many to come in the aftermath of the Dobbs v Jackson Women’s Health decision, which gave states the power to regulate any aspect of abortion not regulated by federal law. [read post]