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21 May 2019, 3:01 am by Walter Olson
but there is that extra layer that at least you can train them and they are likely to have the time on the job that allows them to build up their expertise,” said Walter Olson, a senior fellow at the Cato Institute. [read post]
15 May 2019, 4:06 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Walter Olson writes that “[t]he wider worry … is that the majority (significantly joined by [Justice Brett] Kavanaugh) did not merely resolve a technical puzzle about how the law’s language applies to an unusually designed supply chain, but seemed inclined along the way to adopt an ungenerous and narrow reading” of a prior case that “serves as a major check against runaway litigation. [read post]
11 May 2019, 7:18 am by Jack Goldsmith
(Two other OLC opinions, one written by William Barr in 1989, the other by Ted Olson in 1984, applied the different but related constitutional avoidance canon to read a criminal statute to exclude the president.) [read post]
24 Apr 2019, 4:04 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Walter Olson observes that three new additions to next term’s docket that ask whether federal employment discrimination law prohibits discrimination based on sexual orientation or gender identity will bring to the forefront the “philosophical divides on statutory interpretation” that “play out every term in lower-profile cases. [read post]
9 Apr 2019, 3:26 am by SHG
As Walter Olson argues, the scientific evidence that glyphosate, the active ingredient in Roundup weed killer, does not cause cancer is strong, if not irrefutable. [read post]
7 Apr 2019, 6:45 am by John Floyd
Olson upheld a misprision of a felony conviction involving an individual charged with “concealing and failing to notify authorities of her business partner’s submission of false statements” to the USDA’s Rural Development Program in connection with a grant application. [read post]
20 Mar 2019, 3:53 am by Edith Roberts
” At the Cato Institute’s Cato at Liberty blog, Walter Olson worries that “[t]he implications of assigning retrospective liability to actions lawful at the time loom large and disturbing over continuing expansions of liability like the one announced in today’s case. [read post]
4 Jan 2019, 6:20 am by Jack Goldsmith
A 1995 Office of Legal Counsel (OLC) opinion written by then-Assistant Attorney General Walter Dellinger to Bill Clinton’s White House counsel correctly stated that the plain-statement requirement that Barr invoked “has been applied frequently by the Supreme Court as well as the executive branch with respect to statutes that might otherwise be susceptible to an application that would affect the president’s constitutional prerogatives, were one to ignore the constitutional… [read post]
31 Dec 2018, 3:46 am by Edith Roberts
At Reason, Walter Olson urges the court to rule in Air and Liquid Systems Corp. v. [read post]
3 Dec 2018, 10:06 am by Schachtman
See also Walter Olson, “Asbestos awareness pre-Selikoff,” Point of Law (Oct. 19, 2007); “The U.S. [read post]
25 Sep 2018, 9:05 pm by Walter Olson
Riley quotes some of my misgivings: “As Walter Olson of the Cato Institute notes, increasing the number of mandated reporters could ‘incentivize’ people ‘to resolve uncertain, gray areas in favor of reporting. [read post]
19 Sep 2018, 9:05 pm by Walter Olson
SIMON LECTURE The Administrative Threat to Civil Liberties by Philip Hamburger IMMIGRATION AND NATIONAL SECURITY The Travel Bans by Josh Blackman POLITICAL GERRYMANDERING The Ghost Ship of Gerrymandering Law by Walter Olson THE CRIMINAL LAW Katz Nipped and Katz Cradled: Carpenter and the Evolving Fourth Amendment by Trevor Burrus and James Knight Class v. [read post]
29 Aug 2018, 3:50 am by SHG
Like Walter Olson, I had been highly critical of the “new” ACLU which had forsaken the defense of civil liberties for the appeal to social justice. [read post]
8 Jul 2018, 11:50 am by Jonathan H. Adler
In tomorrow's WSJ, the Cato Institute's Walter Olson explains why the Supreme Court's landmark decision in OBergefell v. [read post]
24 Jun 2018, 9:05 pm by Walter Olson
Details and registration here: Panelists include Walter Olson, Senior Fellow, Cato Institute, Robert A. [read post]
20 Jun 2018, 4:10 am by Edith Roberts
” Additional commentary and analysis come from Justin Levitt in an op-ed for The Washington Post, Richard Pildes in an op-ed for The New York Times, Mark Joseph Stern at Slate, Vann Newkirk at The Atlantic, Eric Segal in an op-ed for NBC News, Galen Druke at FiveThirtyEight, Carolyn Shapiro in an op-ed at The Hill, Thomas Mann at Brookings, Medium’s Flippable blog, Jeffrey Toobin at The New Yorker, and Walter Olson at the Cato Institute’s Cato at Liberty blog, who… [read post]
12 Jun 2018, 4:06 am by Edith Roberts
At the Cato Institute’s Cato at Liberty blog, Walter Olson remarks that the court’s “unanimity is significant,” showing as it does that “[o]n procedural and jurisdictional issues, at least, today’s liberal wing on the Court has sometimes been willing to unite with the Rehnquist-Scalia-Roberts wing to recognize and rein in the dangers of lawyer-driven overlitigation, the tactical use of lawsuits as a weapon, and so forth. [read post]
23 May 2018, 4:18 am by Edith Roberts
At the Cato Institute’s Cato at Liberty blog, Walter Olson maintains that decision “was neither surprising nor novel as a legal matter,” “[n]or – notwithstanding the variously breathless, furious, and apocalyptic reactions it has drawn from stage Left – is it objectionable as a matter of policy, or ‘anti-worker. [read post]