Tag Archives: Present

Administrative Law Scholarship in Our Present Political Moment

Gillian Metzger, The Supreme Court, 2016 Term—Foreword: 1930s Redux: The Administrative State Under Siege, 131 Harv. L. Rev. 1 (2017).Aaron L. Nielson, Response, Confessions of an “Anti-Administrativist,” 131 Harv. L. Rev. F. 1 (2017).Mila Sohoni, Response, A Bureaucracy—If You Can … Continue reading

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China's Clear and Present Threat – American Greatness

When Trump first brought up the issue of tariffs, a great wailing erupted from the free traders on the Right decrying that he was about to begin a trade war. While it’s a convenient narrative to say that this is … Continue reading

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When “Tigers Eat Their Young” – Federal Preemption Of CEQA In Context Of Railroad Projects Will Continue To Present Complex Issues Following U.S. Supreme Court’s Denial of Certiorari In Friends Of Eel River Case

On April 30, 2018, the United States Supreme Court denied the petition for writ of certiorari filed in North Coast Railroad Authority v. Friends of the Eel River, U.S. Supreme Ct. Case No. 17-915, which presented this issue:  “Whether citizen … Continue reading

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Early antecedents of antitrust – from Mt. Sinai to the present

I was interviewed by PaRR (great reporting, see here) at the ABA Antitrust Spring Meeting. I discussed 5,000 of regulation of competition from Moses at Mt. Sinai to the present (with acknowledgement of the anti-monopoly provision of the Mexican constitution… … Continue reading

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Judge Allows Burned Carnival Cruise Passenger to Present Negligence Claim to a Jury

A Florida judge has recently ruled that a passenger who sustained a burn during a Carnival cruise may present her claim to a jury over the cruise line’s motion seeking to dismiss the lawsuit. The Cruise In October 2016, a … Continue reading

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