Search results for: "AnD" (4476 results)
doctrines and defends a historically grounded version of strict scrutiny that does not require judicial balancing.
domestic law through multiple pathways, including self-executing executive agreements and discretionary agency instruments.
have increasingly set their sights on transgender rights as the next legal frontier. This Essay explores why, for over twenty-five years, transgender litigants have not invoked ...
earlier anticolonial struggles, are no longer sufficient. It argues instead for a plural and flexible conception, centered on a broader vision of the
the revolution that Chevron deference fostered to provide a coherent and workable finality doctrine for interpretative rules.
misconduct. It also illuminates debates about expertise and deference beyond the criminal law.
form of stare decisis. But in many circumstances, OSG best serves governmental interests and those of the Supreme Court by submitting positions that it believes are right, even if ...
controversies. This Essay traces how platforms’ choices during the COVID-19 pandemic became so politicized, and how the category “medical
their final rules. This Article explores this phenomenon, tracing its rise and beginning to draw out its normative implications.
technical issues and questions the conceptual alignment of the methods with their application.