By Jimmy Hoover | August 14, 2024
One way to do that is by what scholars call "narrowing" precedents, such as by limiting them almost exclusively to the factual circumstances in which they arose. Critics have disparaged this practice as a form of "stealth overruling."
By Avalon Zoppo | August 13, 2024
"I'm not saying it wouldn't be a difficult political slog if somebody thought that there was some disadvantage to their side," Judge Diane Wood said. "But I frankly see no constitutional barrier."
By Jimmy Hoover | August 12, 2024
After the court's June ruling overturning 40 years of deference to regulatory agencies, the "Humphrey's Executor" precedent has emerged as public enemy No. 1 of the anti-administrativist legal movement.
By Emily Saul | August 9, 2024
"This case presents an extreme example of that overreach, in an area of law that demands clarity yet has become perilously muddled," reads the writ from Barry Berke, Dani James and Darren LaVerne of Kramer Levin Naftalis & Frankel.
Daily Business Review | Commentary
By Mark Grafton | August 9, 2024
The recent U.S. Supreme Court ruling in Sheetz v. County of El Dorado has empowered developers and property owners to challenge excessive or unjustified impact fees as unconstitutional and potentially seek damages and attorney fees. This in turn will cause many local governments to revisit the defensibility of their impact fee regimes.
New Jersey Law Journal | Commentary
By Marc Rollo, Charles Dennen and Thomas Tyrrell | August 8, 2024
"A careful review of state law reveals significant similarities between New Jersey agency deference and 'Chevron' that will likely lead to similar challenges and a newfound ability to push back against state regulatory actions," write Marc Rollo, Charles Dennen and Thomas Tyrrell of Archer.
National Law Journal | Commentary
By Alan B. Morrison | August 8, 2024
The high court's failure to address all questions presented in the case will result in much more litigation and uncertainty for private parties and many administrative agencies.
By Avalon Zoppo | August 7, 2024
"The robust consensus doctrine would open up the door a little bit to plaintiffs whose rights have been violated [by law enforcement] being able to get some sort of recovery," said UNC School of Law professor Andrew Hessick.
By Jimmy Hoover | August 6, 2024
Former President Donald Trump's White House chief of staff and longtime personal attorney bring appeals to the justices.
The Legal Intelligencer | Commentary
By Larry E. Coben | August 6, 2024
What course of action exists to address the actions of an executive who fails to follow our laws and employs "intrigues of ambitions," which aspire to tyranny and threaten the existence of government in the name of democracy?
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