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The argument that the United States made is: “Look, to the extent that Idaho doesn’t allow doctors to provide the kind of stabilizing care that EMTALA requires them to provide, the federal statute trumps the state law, and the Idaho law has to fall. [read post]
9 Sep 2024, 3:43 pm by Shane Pennington
United States Department of Labor continued the Fifth Circuit’s exploration of agency authority under Loper Bright. [read post]
4 Sep 2024, 2:07 pm by David Kopel
Cooley, General Principles of Constitutional Law 271 (2d ed. 1891) (discussing the implicit right to train with weapons)); United States v. [read post]
4 Sep 2024, 9:00 am by Jack Goldsmith
Supreme Court in support of the unsuccessful petition for certiorari in Edgar v. [read post]
4 Sep 2024, 6:30 am by Guest Blogger
  On the individual rights side, the Guarantee Clause implicitly grants United States citizens who are residents of states the right to vote for state legislative offices. [read post]
2 Sep 2024, 5:46 am by Norman L. Eisen
United States — and when and how to apply the tests the Supreme Court ordered her to administer. [read post]
1 Sep 2024, 6:00 am by Lawrence Solum
  Such a typology might look like this: Constitutions: The United States Constitution and the constitutions of the several states are examples. [read post]
30 Aug 2024, 6:30 am by Guest Blogger
Yet collective action problems, while serious, aren’t the only problems that the United States faces. [read post]
29 Aug 2024, 4:05 pm by Lawrence Solum
United States employs in determining whether the acts of a former President are immune from prosecution. [read post]
27 Aug 2024, 9:01 pm by renholding
SDNY Judge Holds SEC Failed to Adequately Plead Risk Disclosure and Controls Claims in SolarWinds On July 18, 2024, the United States District Court for the Southern District of New York issued an opinion in Securities and Exchange Commission v. [read post]
27 Aug 2024, 7:01 am by Katitza Rodriguez
The United Nations Convention on Cybercrime, even before negotiations began, raised significant alarm within the global human rights community. [read post]