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New York Law Journal

The 'Chevron' Doctrine Is Dead, Long Live the 'Chevron' Doctrine!

Last month's demise of the judicial Chevron deference doctrine has been well- chronicled. This article vets key cases and pleading realities to weigh the effect of the court's dramatic repudiation.
11 minute read

Daily Report Online

Eleventh Circuit Upholds 'Humiliating' Prison Strip Search of Woman, But Shares Concerns Over Qualified Immunity

Judges Robin Rosenbaum, Kevin Newsom and Gerald Tjoflat formed the circuit's panel. Rosenbaum wrote the majority opinion, issued on July 29, while she and Judge Kevin C. Newsom offered separate concurring opinions calling on the Eleventh Circuit to fix qualified-immunity jurisprudence.
5 minute read

National Law Journal

Term Limits for Justices Are Popular ... and a Logistical Morass

"Amending the Constitution of the United States is something between logistically extremely difficult and practically impossible, especially about a contested issue," said Fordham University law professor Aaron Saiger.
8 minute read

National Law Journal

EPA's Carbon Capture Rule Hits Justices' Emergency Docket

Led by the coal-mining state of West Virginia, a group of Republican attorneys general say the Environmental Protection Agency is trying to circumvent recent court decisions blocking earlier versions of its anti-coal agenda.
5 minute read

New York Law Journal

Court of Appeals Approves Auto Stops Under a Public Safety Doctrine

"The Court of Appeals envisioned that it will be a 'rare' case in which the police stop a vehicle in their community caretaking capacity," writes former New York Supreme Court Judge Barry Kamins.
10 minute read

National Law Journal

Biden Rolls Out Lofty Plans to 'Reform' Supreme Court

The president's proposal calls for term limits for justices, a binding ethics code and a constitutional amendment to overturn the court's recent ruling on presidential immunity.
7 minute read

National Law Journal

Supreme Court Attorney Deepak Gupta Wants More Competition in Plaintiffs Bar

Since 2012, Gupta Wessler has become a mainstay of the Supreme Court bar, and has continued to rack up victories on behalf of consumers and workers even after the court was transformed with the addition of three conservative Trump appointees.
8 minute read

National Law Journal

5th Circuit to Weigh Dueling Readings of Supreme Court's Recently Clarified Gun Test

"Because the [Supreme] Court wasn't more expressive in providing guidance, we're going to continue to see turmoil and confusion in the lower courts," said SMU Dedman School of Law professor Eric Ruben.
4 minute read

National Law Journal

Supreme Court Faces Several Appeals on Transgender Rights

Gender-affirming care for minors. Trans student athletes. School bathroom policies. These are some of the hot-button issues that have landed on the high court's docket in recent weeks.
6 minute read

New Jersey Law Journal

3 New Jersey Supreme Court Decisions Significantly Impact Megan's Law

"It is heartening that ... the New Jersey Supreme Court has taken another step toward bringing the law into line with psychological science," write Robert Perry and Zachary Yeoman.
11 minute read

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