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4 Feb 2024, 1:01 pm
[Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.] [read post]
3 Feb 2024, 11:29 am
The Court's willingness to reconsider Chevron has been a long time coming. [read post]
3 Feb 2024, 11:27 am
Eighteenth-century Americans had been debating executive power since long before declaring independence, but the question that had animated that debate for close to a century began to change after the Constitution was ratified. [read post]
3 Feb 2024, 9:52 am
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
2 Feb 2024, 12:10 am
As the Missouri essay explains, Thomas Hart Benton shot a guy in the throat on Bloody Island in 1817, and after he lived, Benton challenged and shot him again a few months later. [read post]
30 Jan 2024, 9:05 pm
The FTC, on the other hand, argues that the language of “unfair methods of competition” lacks such a settled definition, which might be, when combined with the assertion of deference to the FTC, an argument that Congress has not provided any “intelligible principle” to the FTC.[20] It has been a long time since commercial issues have been at the forefront of constitutional law, but recent developments are evidence that the court is again interested in the… [read post]
30 Jan 2024, 5:58 am
Linda Thomas-Greenfield, Biden’s well-liked ambassador to the U.N., has lobbied the White House not to block humanitarian initiatives in the Security Council. [read post]
29 Jan 2024, 8:09 am
Floyd's treachery was part in the one great insurrection called the Civil War, and his treasonous actions occurred long before the 1861 counting of the electoral votes and the inauguration of Abraham Lincoln. [read post]
29 Jan 2024, 6:32 am
Thomas, Ms. [read post]
29 Jan 2024, 6:32 am
Thomas, Ms. [read post]
28 Jan 2024, 8:49 pm
Early in 2021, overwhelming majorities of both the U.S. [read post]
28 Jan 2024, 4:54 pm
The Duke Law Journal’s Administrative Law Symposium has been the premier administrative law event for five decades and has a long history of hosting the top administrative law scholars. [read post]
28 Jan 2024, 4:48 pm
Both laws are quite long, and include provisions that are not at issue in the cases. [read post]
27 Jan 2024, 7:54 pm
This admission goes a long way to support our conclusion: the meaning of "officers of the United States" did not drift from 1788 to 1868. [read post]
26 Jan 2024, 5:03 pm
Israel has long maintained that Hamas operates in civilian areas and has sparred with the UN over UNRWA activities and the UN’s criticism of Israel’s actions. [read post]
26 Jan 2024, 12:37 pm
Next month, the Supreme Court will hear arguments in constitutional challenges to a pair of laws from Florida and Texas that would force social media sites to disseminate a wide range of third-party speech that they do not wish to carry. [read post]
25 Jan 2024, 6:55 pm
" Turning to "guidance" documents at the federal level, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) has long history of issuing what I'll call "advisories" that had better be followed unless you want to risk license revocation or criminal charges. [read post]
24 Jan 2024, 7:51 pm
They are one step in the long march through prosecution to issuance. [read post]
23 Jan 2024, 5:50 am
Their argument was that Brand X is a necessary consequence of Chevron (presumably for the reasons that Justice Thomas articulated for the Court in Brand X itself)--and that this shows that Chevron is wrong. [read post]
22 Jan 2024, 12:15 am
When it came to asbestos, profit overpowered any concerns about its long-term effects on public health. [read post]
