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7 Jul 2019, 9:40 pm by Randy Barnett
United States, Judge Reed O'Connor found that the entire Affordable Care Act was unconstitutional. [read post]
14 Oct 2020, 9:05 pm by Randolph J. May
United States, the nondelegation doctrine is “not an element readily enforceable by the courts. [read post]
26 Jun 2015, 8:15 am by John Rich
In the latest case to challenge elements of the Affordable Care Act (“Act”), the United States Supreme Court in a six-to-three vote, ruled on June 25, 2015 in King v. [read post]
5 Jun 2013, 8:19 am by Matthew Kolken
 The United States derives its core strength because we embrace these values and abide by the rule of law. [read post]
30 Sep 2020, 11:48 am by Brian Murphy and Jamie Moelis*
On September 22, 2020, the United States Department of Labor (DOL) released a long-awaited proposed rule (the “Proposed Rule”) providing guidance for determining employee versus independent contractor status under the Fair Labor Standards Act (FLSA). [read post]
4 Jan 2008, 4:48 pm
While jurors in criminal cases may like to see themselves on a quest for truth, their role is actually more circumscribed and technical - and perhaps less satisfying - than that of truthseeker, as the Second Circuit confirmed in an important decision today, United States v. [read post]
11 Dec 2014, 1:54 pm by Frank Remington
This summer, the United States Supreme Court handed down a decision in the case of Executive Benefits Insurance Agency v. [read post]
1 Apr 2013, 3:59 pm
  The alien's actual criminal offense is when he sneaks back into the United States. [read post]
23 Jun 2023, 9:20 am by Eric Goldman
Fyk can bring a claim against the United States government; preventing such a flood of lawsuits is at the core of standing doctrine. [read post]
21 Jan 2014, 11:28 am by Matthew L.M. Fletcher
We learned the terrifically sad news that Barbara Lane, the legendary and heroic anthropologist that served as the lead expert witness in the United States v. [read post]
12 Apr 2016, 8:48 am by Jack Goldsmith
Marty Lederman says in response to my posts that the big difference between the Bush and Obama preemption doctrines was that the Bush Administration “argued that international law permits the United States to engage in a ‘first use’ strike, in a nonconsenting state, against a state or nonstate actor that has not already engaged in an armed attack against the United States, before any threat of attack is ‘fully… [read post]