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13 May 2024, 1:59 pm by Scott Bomboy
In the past, the courts have deferred to Congress and the president on national security matters on certain occasions. [read post]
12 May 2024, 6:00 am by Lawrence Solum
The opponents of living constitutionalism offered their own definitions: for example, in 1976, then Associate Justice William Rehnquist wrote The Notion of a Living Constitution, which explicitly criticized living constitutionalism and implicitly endorsed originalism based on the writings of the framers. [read post]
26 Apr 2024, 12:41 pm by Dennis Crouch
” The Lower Court Decision In 1842, Wood sued William Underhill and Aschel Gerow for infringement. [read post]
13 Apr 2024, 3:33 pm by admin
The agency deferred a proposed 1985 final monograph because of the blood pressure issue. [read post]
10 Apr 2024, 9:01 pm by renholding
So long as Chevron deference remains the law of the land,2 the existence of an express standard of care in the removal provisions and silence in the clawback provision leaves the FDIC free to argue that this difference in the text implies that Congress intended for the clawback provision to have a strict liability standard of care or to delegate to the FDIC the discretion to specify the standard of care, which includes the discretion to specify a strict liability standard. [read post]
31 Mar 2024, 9:01 pm by Austin Sarat
”Follow @ljstprof Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. [read post]
29 Mar 2024, 8:22 am by admin
Before the Federal Rules of Evidence, there was, of course, the famous Frye case, which involved an appeal from the excluded expert witness opinion based upon William Marston’s polygraph machine. [read post]
28 Mar 2024, 2:21 am by David Pocklington
A late complication has arisen unfortunately concerning a Tudor painted roof/ceiling, which, although it will not affect the grant of the faculty may impact on the precise timing of the commencement of works which is dealt with in the Conditions”, The petition sought permission: (i) to install lavatories in the north transept in an area near to the organ, (ii) to enclose the chapel space in the eastern bay of the north transept to create a sound-proof room which can be heated… [read post]
20 Mar 2024, 9:01 pm by Michael C. Dorf
For example, the leading figures driving the liberal rulings of the 1950s and 1960s were Republican appointees Chief Justice Earl Warren and Justice William Brennan. [read post]
16 Mar 2024, 4:04 pm by David Bernstein
Post cites a letter from William Allen White as an illustration of the "innocent confidence of progressives. [read post]
14 Mar 2024, 6:41 pm by Stephen Halbrook
In such cases, "likelihood of success" is "the first among equals" and is typically dispositive,   L.W. by & through Williams v. [read post]
26 Feb 2024, 6:30 am by Guest Blogger
It is profoundly gratifying to have the “mechanics of craft” by which these volumes sought to extract a convincing narrative from “inherently overlapping and inextricably intertwined thematic doctrinal material” recognized and appreciated by so exceptional an historian as William Novak. [read post]
18 Feb 2024, 6:30 am by Guest Blogger
Post cites a letter from William Allen White as an illustration of the "innocent confidence of progressives. [read post]