Search for: "West Virginia v. United States"
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2 Aug 2023, 9:01 pm
If courts are bound to uphold such constructions so long as they are not unreasonable, a simple majority of each House of Congress may be unable to reclaim the broad lawmaking authority, and a delegation problem results.Perhaps another way to think about this is through the lens of the ascendant “major questions” doctrine, which the Court invoked in the West Virginia v. [read post]
1 Aug 2023, 4:27 pm
The United States Securities and Exchange Commission (“SEC”), for example, has focused on ESG by investigating and taking action against companies that tout business practices such as consideration of environmental sustainability, but fail, in practice, to live up to their claims. [read post]
27 Jul 2023, 6:39 am
West Virginia considers whether West Virginia’s law defining girl and woman as biologically female for secondary school sports is valid. [read post]
25 Jul 2023, 6:56 pm
(That "standard" was set by the Supreme Court in Caeteno v. [read post]
25 Jul 2023, 6:00 am
Dale, 530 U.S. 640 (2000), West Virginia Bd. of Ed. v. [read post]
25 Jul 2023, 5:25 am
The environmental groups in the pipeline litigation have relied heavily on the Supreme Court’s 1872 decision in United States v. [read post]
24 Jul 2023, 9:15 am
On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s decision in Williams v. [read post]
20 Jul 2023, 7:59 am
Defendant was arrested, but the woman (a resident of West Virginia) was allowed to leave. [read post]
19 Jul 2023, 9:05 pm
Federal and state rules already require reporting of most Scope 1 emissions, including the pollution from power plants that are others’ Scope 2 emissions. [read post]
18 Jul 2023, 11:39 am
Berryhill (2019) regarding judicial review of factfinding in agency adjudications, West Virginia v. [read post]
12 Jul 2023, 9:05 pm
United States. [read post]
7 Jul 2023, 5:11 pm
Its demand for “clear” authority calls to mind the “clear-statement” version of the doctrine advanced by Justices Gorsuch and Alito in West Virginia v. [read post]
5 Jul 2023, 3:35 am
This post is devoted solely to exposing the ludicrousness of equating 303 Creative to the landmark free speech decision in West Virginia v. [read post]
4 Jul 2023, 11:38 pm
Brief for United States 47–48. [read post]
4 Jul 2023, 9:54 pm
United States v. [read post]
2 Jul 2023, 1:13 pm
Its roots are in the Supreme Court's 1943 decision in West Virginia v. [read post]
1 Jul 2023, 3:49 am
As in the Court’s recent decision in West Virginia v. [read post]
30 Jun 2023, 12:37 pm
" United States Telecom Assn. v. [read post]
30 Jun 2023, 8:20 am
Barnette (1943), this Court found impermissible coercion when West Virginia required schoolchildren to recite a pledge that contravened their convictions on threat of punishment or expulsion. [read post]
30 Jun 2023, 7:57 am
(The 1970s-era standing decision in question is United States v. [read post]
