Chevron deference
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Courts
Remembering Chevron Deference
Chevron isn't gone yet, but it doesn't look good for the case that's the foundation of administrative law. -
Courts
Supreme Court Oral Arguments Don't Look Great For The Future Of The Administrative State
What Chevron deference? - Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so… -
Courts
Chevron Is Heading Back To The Court. This Totally Isn't A Ploy To Strengthen The 6-3 Justice Skew.
For some reason, the non-political branch keepings finding itself in politicking.
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Courts
Clarence Thomas Urges Overturning SCOTUS Decision Written By Clarence Thomas
It's enough to make your head explode. -
Non-Sequiturs
Non-Sequiturs: 08.26.18
* Jane Genova explores the implications of Jones Day’s representation of the embattled Cardinal Donald Wuerl, former bishop of Pittsburgh. [Law and More]
* Why did President Trump (or his personal lawyers) allow White House Counsel Don McGahn to speak so freely to special counsel Robert Mueller? Here are some thoughts from veteran litigator Joel Cohen. [The Hill]
* As I recently discussed with Judge Jeffrey Sutton, Chevron-style deference to administrative agencies is being reconsidered in a number of states — and you can add Ohio to that list, as Eugene Volokh notes. [Volokh Conspiracy / Reason]
* Charles Glasser calls out the Washington Post for its selective invocation of the value of transparency. [Daily Caller]
* If you’re an ambitious law student or lawyer, then you need to watch your words on social media, as this report from Patrick Gregory makes clear. [Big Law Business]
* The justices will consider more than 1,000 certiorari petitions at the “long conference” on September 24 — and Adam Feldman identifies some of the standouts. [Empirical SCOTUS]
* Speaking of SCOTUS, if you’ll be in or near New Haven this coming Wednesday, please join me and Linda Greenhouse for a wide-ranging discussion of President Trump’s transformation of the federal judiciary. [Yale Federalist Society]
* The World Bank launches the world’s first BONDI, or “blockchain operated new debt instrument,” with an assist from King & Wood Mallesons. [Artificial Lawyer]
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Courts
From Laid-Back Law Student To SCOTUS?
You don't need to be a gunner to wind up in the running for a Supreme Court seat. -
Morning Docket
Morning Docket: 01.13.17
* The University of Houston Law Center and the South Texas College of Law Houston (formerly known as the Houston College of Law and the South Texas College of Law) still haven’t been able to resolve their trademark tiff. A judge has encouraged both law schools to “keep at it” to avoid a trial. [Houston Chronicle]
* Earlier this week, the House of Representatives passed the Regulatory Accountability Act of 2017, a bill ending Chevron deference — perhaps the most important principal of administrative law. Apparently it will be much better for job creation and economic growth if judges ignore regulatory agencies’ legal interpretations. [Law360 (sub. req.)]
* Leslie Caldwell, the head of the Justice Department’s criminal division, will be stepping down from her post today. She has no idea what’s ahead of her aside from a trip to the Caribbean next week. As far as her prospective successor is concerned, she thinks accessing data on encrypted devices will be “problem No. 1 to address.” [WSJ Law Blog]
* A New Jersey judge has refused to dismiss a gubernatorial candidate’s criminal complaint against Governor Chris Christie over the Bridgegate scandal, noting that a lower court judge “improperly denied counsel [to Christie] at a critical stage” of the case. If probable cause is found, Christie may face charges, just like his colleagues. [Reuters]
* “Even if we could justify the need … it is far from clear that the funding case could be made….” Given the turmoil at Charlotte Law, people are wondering whether it would be a good idea for UNC Charlotte to open a law school. Just because one law school may be closing, it doesn’t mean that another needs to open in its place. [Charlotte Observer]
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Law Revue, Law Schools, Music, Videos
Law Students Teach Administrative Law -- Through Dance!
Think of this as dessert for the Law Revue competition -- a clever song about administrative law. - Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get… -
Antonin Scalia, Benchslaps, Constitutional Law, John Roberts, Politics, SCOTUS, Supreme Court
Righteous Indignation: Conservatives Benchslapping Conservatives
Oh no he didn't! Watch Justice Scalia ladle out the sauce to Chief Justice Roberts. -
California, Health Care / Medicine, Money
After Refinery Fire, Residents Want to Get Paid, But It's Not That Simple
After a fire at a massive oil plant in California, residents want compensation. But it's not that easy…