Search results for: "IF" (3925 results)
accept, de- fer, or reject the suggestion. If accepted, the suggestion will be drafted as an amendment and published for public comment. The
violation of some legal duty” under positive law if performed by a private person. But the Justices who are receptive to positive-law arguments have not yet
argument might seem to duplicate the formalist argument already made. If Hively were a man dating a woman, she would conform with gender stereotypes. But
community’s contemporary standards about the relevant punishment practice. If enough states prohibit a practice, or allow the practice but do not
—that congressional obstruction is equivalent to constitutional malfeasance. Part II raises my central policy objection: even if one accepts Pozen’s
If an agency cannot ultimately justify its decision, then equity follows the law and will not preserve the agency’s action. But if an agency might
vacatur o�en responds to substantive failures like in- adequate reasoning.16 If an agency cannot ultimately justify its decision, then equity follows
closing the justice gap and maximizing fairness, it is insufficient if there is not also some level of shared commitment and coordination across—and
would unduly complicate the regulatory process. If Kavanaugh were to question the Mortgage Bankers dictum regarding the duty to respond to comments
Namely, it prevents negative reputational externalities—or the depreciation of the value of an artist’s works if one of them is changed in a way that