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Recovering a Role for the Courts in Decisions to Wage War: How Congress Can Overcome the Political Question Doctrine (Some of the Time)
12 Jun 2023, 6:43 am by Aaron X. Sobel
United States (1993) concurrence. [read post]
Just Security - https://www.justsecurity.org/
What to know about E. coli during an Outbreak
9 Jun 2023, 9:07 am by Bill Marler
Worldwide, non-O157 STEC outbreaks emerged in the 1980s, and the first reported outbreaks in the United States occurred in the 1990s. [57, 55] The number of reported outbreaks due to non-O157 STECs remains relatively low in the United States, but experts agree that documented outbreaks probably represent the “tip of the iceberg. [read post]
Marler Blog - http://www.marlerblog.com/
Modernizing Regulatory Review: Assessing All Important Impacts, by Jonathan B. Wiener
7 Jun 2023, 8:30 am by Guest Author
”[9] Today, a core principle of modern administrative law is that “an agency rule would be arbitrary and capricious if the agency has … entirely failed to consider an important aspect of the problem …. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Expert Backgrounder: Secret Evidence in Public Trials
6 Jun 2023, 7:02 am by David Aaron
See, e.g., United States v. [read post]
Just Security - https://www.justsecurity.org/
Can Congress Bar Fully Autonomous Nuclear Command and Control?
5 Jun 2023, 5:16 am by Ashley Deeks, Matthew Waxman
The Supreme Court has offered snippets of its view on this in some cases, stating in Fleming v. [read post]
Lawfare - http://www.lawfareblog.com/
Legal Theory Lexicon: Procedural Justice
4 Jun 2023, 6:00 am by Lawrence Solum
The consequentialist version of imperfect procedural justice finds substantial support in the decisions of the Supreme Court that interpret the Due Process Clauses of the United States Constitution. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Supreme Court Unanimously Rejects After the Fact Excuses
2 Jun 2023, 9:56 am by luiza
Schutte v. [read post]
Whistleblower Insider - https://constantinecannon.com/practice/whistleblower/blog/
[Eugene Volokh] Threatening to Tell Ex's Employer That Ex Was Sleeping With Her Boss Isn't "Obscene Harassment"
1 Jun 2023, 12:37 pm by Eugene Volokh
From State v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The Supreme Court's Latest Ruling on the Dormant Commerce Clause: More Evidence that People Disagree on the Appropriate Degree of Economic Integration
31 May 2023, 8:09 pm by Simon Lester
S. 573 (1986); and Baldwin v. [read post]
International Economic Law and Policy Blog - http://worldtradelaw.typepad.com/ielpblog/
The Supreme Court's Latest Ruling on the Dormant Commerce Clause: More Evidence that People Disagree on the Appropriate Degree of Economic Integration
31 May 2023, 8:09 pm by Simon Lester
S. 573 (1986); and Baldwin v. [read post]
International Economic Law and Policy Blog - https://ielp.worldtradelaw.net/
The President and A Public Debt Emergency – Lincoln’s Precedent, by Alissa Ardito Ashcroft
31 May 2023, 2:01 pm by Guest Author
Constitution grants to Congress the power “to borrow money on the credit of the United States. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
No More Kings? Due Process and Regulation Without Representation Under the UK Competition Bill
31 May 2023, 10:58 am by Stephen Dnes
The case has similarities to Chevron review in the United States, but without the subsequent developments like the analysis of whether policy is properly promulgated to the agencies, following West Virginia v EPA. [read post]
Truth on the Market - http://truthonthemarket.com/
Historical Empiricism and the Schleicher Trilemma
31 May 2023, 6:30 am by Guest Blogger
In Knox Couty v. [read post]
Balkinization - http://balkin.blogspot.com/
Sackett and the Dangers of a New ‘Clear-Statement Rule’
30 May 2023, 8:10 am by Evan George
  Q: West Virginia v. [read post]
Legal Planet - https://legal-planet.org/
John LaVelle on Castro-Huerta
30 May 2023, 3:56 am by Matthew L.M. Fletcher
Castro‑Huerta is an unprecedented attack on the autonomy of Native American nations in the United States. [read post]
Turtle Talk - https://turtletalk.blog/
Humanism and religious education in schools: the landmark case of Bowen
30 May 2023, 12:29 am by Frank Cranmer
The decision in R (on the application of Fox) v Secretary of State for Education [2015] EWHC 3404 (Admin) concerned the new subject content issued for GCSE Religious Studies. [read post]
Law & Religion UK - https://lawandreligionuk.com
Legal Theory Lexicon: Intention
28 May 2023, 6:00 am by Lawrence Solum
What were the original intentions of the framers of the United States Constitution? [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
The Week That Was: All of Lawfare in One Post
26 May 2023, 12:34 pm by John A. Emmons, Avery Schmitz
Annie Antón and Olivia Mauger discussed newfound concerns regarding the United States’s dependency on China for drone technology. [read post]
Lawfare - http://www.lawfareblog.com/
There is No Historical Precedent for Prioritization in a Debt Ceiling Crisis
25 May 2023, 10:22 am by Michael C. Dorf
" The only case on the subject, Perry v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
For Better or Worse, the Supreme Court Rewrote JASTA
25 May 2023, 5:31 am by Jack Hoover
Taamneh and Gonzalez v. [read post]
Lawfare - http://www.lawfareblog.com/