Monthly Archives: September 2018

Technological Rights Accretion, by Kristelia A. García

by Guest Blogger — Wednesday, Sept. 19, 2018

Recently, a company named Adappcity Inc. launched a new application called UppstArt. The app purports to use blockchain technology to enable visual artists to “track” art they sell such that if and when it is later resold, they are able to enforce a so-called “resale royalty.” A resale royalty is a mandatory, predetermined payment made by […]

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Deference Conservation and the World After Chevron, by Daniel B. Listwa

by Guest Blogger — Tuesday, Sept. 18, 2018

With Judge Kavanagh’s nomination pending, there has been no shortage of speculation among commentators on how his appointment might affect the Court’s jurisprudence. Of particular interest to readers of this blog, many have noted that a Justice Kavanagh would tip the Court toward greater skepticism of Chevron deference. On and off the bench, Judge Kavanaugh […]

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A Broad Look at Immigration Adjudication

by Jill Family — Monday, Sept. 17, 2018

This American Life has produced a broad look at the state of immigration adjudication, from asylum applications to criminal border crossing prosecutions and from applications for legal status to refugee admissions. The discussion about the notebook— a hand-written list of people waiting in line in Mexico to even approach the border– is especially intriguing.  The […]

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New Legislation: Injunctive Authority Clarification Act of 2018

by Chris Walker — Friday, Sept. 14, 2018@chris_j_walker

Yesterday the House Judiciary Committee marked up and reported out favorably legislation that would attempt to prohibit federal courts from issuing certain types of nationwide injunctions: No court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the […]

Maryland files suit to protect the ACA from Texas

by Nicholas Bagley — Thursday, Sept. 13, 2018

Last week’s hearing in Texas v. United States convinced a lot of observers, me included, that a district court judge in Texas is poised to declare that all or part of the Affordable Care Act is unconstitutional. When and if he does so, the judge might also enter an injunction ordering the administration to stop enforcing the Act […]

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Congressional Research Grants Sponsored by The Dirksen Congressional Center

by Chris Walker — Thursday, Sept. 13, 2018@chris_j_walker

NOTE: The next deadline for applications is November 1, 2018. Grant awards will be announced in January 2019. The Dirksen Congressional Center invites applications for grants to fund research on congressional leadership and the U.S. Congress. The Center, named for the late Senate Minority Leader Everett M. Dirksen, is a private, nonpartisan, nonprofit research and educational […]

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Limiting State Flexibility in Drug Pricing

by Nicholas Bagley — Thursday, Sept. 13, 2018

That’s the title of a new perspective piece from Rachel Sachs and me in the New England Journal of Medicine. The Trump administration has refused to allow Massachusetts to experiment with a closed formulary, which would give the state some leverage in price negotiations over low-value drugs. But, as we explain, CMS has offered no written explanation whatsoever for its refusal. […]

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FedSoc Teleforum Tomorrow, 9/13, at Noon: The Future of Chevron Deference

by Chris Walker — Wednesday, Sept. 12, 2018@chris_j_walker

From the Federalist Society’s website: Skepticism of the Chevron doctrine has risen in recent years, with some commentators calling for the Court to overturn or Congress to repeal Chevron.  The addition to the Supreme Court of Justice Neil Gorsuch — a Chevron skeptic — prompted much speculation about Chevron’s future.  The nomination of Judge Brett Kavanaugh […]

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Oh SNAP!: The Battle Over “Food Stamp” Redemption Data That May Radically Reshape FOIA Exemption 4 (Part II)

by Bernard Bell — Wednesday, Sept. 12, 2018

The Supreme Court appears poised to entertain an impending challenging to the well‑developed Circuit law defining the scope of Freedom of Information Act (“FOIA”) Exemption 4 — the National Parks/Critical Mass test.  This post is the second in a series.  The first described the development of the National Parks/Critical Mass doctrine and recounted the somewhat […]