Aroney on Comparative Study of Courts in Federal Systems
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Universal relief is dead; long live universal relief! With the recent decision in Trump v. CASA, nationwide injunctions have been taken off the table as a way to control agency power. But as innocuous footnote 10 of the majority opinion notes, there remains another way for courts to grant universal, non-party remedies: section 706 of the Administrative Procedure Act, a.k.a. vacatur. Since the latter half of the twentieth century, section 706 — which allows courts to “hold unlawful and set aside agency action” — has been read to authorize universal vacatur. And indeed, some have already argued that, in lieu of nationwide injunctions, vacatur will be the tool of choice for attacking executive orders. But not lacking a bit of controversy in its own right, vacatur will have to jump several hurdles before it is cemented as the undisputed successor to bread-and-butter equitable relief. In our own article, we dive into the two questions that loom large…
A devastating semi-truck collision and a passenger vehicle on State Route 36 near Riverbar Road have left two people with significant injuries, highlighting the ongoing dangers of rural highway intersections in Northern California. The crash, which occurred Monday afternoon west of Hydesville, required extensive emergency response efforts and blocked traffic for hours. Details of the Humboldt County Crash The California Highway Patrol (CHP) began receiving 911 calls at 12:05 p.m. on July 14, 2025, reporting a serious collision involving a white Ford passenger vehicle and a westbound logging truck. According to initial radio communications, the Ford had attempted a U-turn at the rural intersection when the loaded semi-truck struck it. The impact created a severe crash scene that required significant emergency response resources. The Ford Fiesta sustained devastating front-end and left-side damage, ultimately resting in the westbound lane of State Route 36. The semi-truck, loaded…
The Chicago Unsuitability Law Firm of Shepherd Smith Edwards and Kantas When Brokers Fail To Make an Appropriate Investment Recommendation and the Investor Loses Money Shepherd Smith Edwards and Kantas Chicago Unsuitability Law Firm (investorlawyers.com) is proud to represent Illinois investors against financial advisors and brokerage firms that made unsuitable investment recommendations. Contact our Chicago unsuitability securities law office if you are someone who would like to explore your legal options. Continue Reading › The post Chicago Unsuitability Law Firm appeared first on Investor Lawyers Blog.
Justice Department unit defending Trump policies is losing nearly two-thirds of its lawyers, report says
The Committee to Protect Journalists (CPJ) called on Senegalese authorities to immediately release news commentator Badara Gadiaga, cease the arrest of journalists, and end retaliation against media outlets critical of the government. CPJ’s Francophone Africa Representative Moussa Ngom described the prosecution as part of “a dangerous conflation between the press and the political opposition.” He also called for the release of Gadiaga along with other commentator Abdou Nguer and Bachir Fofana, and demanded that Senegalese authorities cease reprisal against journalists for expressing critical views. CPJ urged Senegal’s government to drop charges against all journalists currently penalized for reporting, and to reaffirm protections under the Press Code, ensuring that legal provisions are not weaponized against legitimate journalists work. The call followed the arrest of Gadiaga by Senegal’s Cybersecurity Division on July 9 over remarks made on…
Education funding freeze violates ‘multiple statutory and regulatory commands,’ says suit by Democratic states
A significant traffic collision involving up to five vehicles occurred on Interstate 80 West near the Albany offramp on Tuesday, July 15, 2025, at approximately 2:38 PM. The incident, which involved a white Lexus sedan and several other vehicles, blocked the middle lane, causing substantial traffic delays in the area. Emergency services were promptly dispatched to the scene, with units en route by 2:42 PM. The collision’s impact on traffic was immediate, as vehicles were backed up, and drivers were advised to seek alternative routes to avoid the congestion. The exact number of injuries remains unknown, but the presence of multiple vehicles suggests the potential for significant consequences. Motorists are urged to exercise caution when traveling through the area and to remain vigilant for emergency personnel working on the scene. Our thoughts are with those affected by this unfortunate incident, and we hope for their swift recovery. Potential Legal Considerations…
If you’ve been charged with a crime, one of the most important steps you can take is hiring a criminal defense attorney. But what exactly does a defense attorney do? And how do they help someone facing serious legal trouble? Whether it’s a first-time offense or a more serious charge, a defense lawyer plays a critical role in protecting your rights, guiding you through the court process, and fighting for your freedom. In this post, we break down the key responsibilities of a criminal defense attorney Jersey City and what you can expect when working with one. 1. Protecting Your Rights From the moment you’re arrested, you have legal rights. One of the most important roles of a criminal defense attorney is to make sure those rights are not violated. Your lawyer will make sure: You are treated fairly by the police You are informed of your right to remain silent You have access to legal representation during questioning Any illegal searches or arrests are…
Personal Injury Attorney and Harley Davidson rider Paul Hernandez discusses what it means to be known in the Virginia motorcycle community. This is an excellent episode – if you are considering a niche, listen to every minute of this podcast at least once. We have talked about the benefits of niching down a few times before. We primarily discuss niching as a strategy to attract more clients in saturated markets. It also makes sense when you are a member of a community that is regularly at risk for catastrophic injury. This is especially true in the motorcycle riding community. Visit Attorney Paul Hernandez here: https://www.kalfusnachman.com/attorneys/paul-r-hernandez/. See all episodes or subscribe to the Personal Injury Marketing Minute here: https://optimizemyfirm.com/podcasts/. Transcript: Welcome to the personal injury marketing minute, where we quickly cover the hot topics in the legal marketing world. I’m your host, Lindsey Busfield. We have talked about…
Nicholas Aroney (The University of Queensland - T.C. Beirne School of Law; Emory University - Center for the Study of Law and Religion) has posted A Framework for the Comparative Evaluation of Federalism Jurisprudence Motifs, Taxonomies and Scales of Political Salience on SSRN. Here is the abstract: This article presents a methodological approach to the comparative study of courts in federal systems. The article begins by recounting the fundamental epistemological challenge faced by comparative federalism studies generally: the difficulty of constructing explanatory theories that can account for the common features that all federal systems possess while also accommodating the particular features that each system uniquely exhibits. It is argued that this challenge is best addressed through the development of explanatory concepts that are more finelytextured than those provided by standard definitions of federalism, and which delve more deeply into the variant features of…
Employers that collected payments under the COVID-era Department of the Treasury Payroll Support Program (“PSP”) should heed the $8,100,000 Delta Airlines is paying as a reminder to ensure their own compliance with any COVID-19 relief programs. The Justice Department announced today that Delta Air Lines Inc., headquartered in Atlanta, Georgia, has agreed to pay to resolve allegations that it violated the False Claims Act by awarding compensation to certain corporate officers and employees that exceeded the compensation limits Delta agreed to as part of its participation in the PSP program. The settlement is an example of some of the aggressive audit and enforcement activities the federal government is now pursuing against recipient of COVID relief funds. recipients of such funds should verify that they can demonstrate compliance with all requirements of the program recipients who discover compliance deficiencies, should seek the advice of…
In recent months, the revamping of the FAR has been a big topic of discussion for federal contractors and those who work with them. This project is referred to as FAR 2.0 or the Revolutionary FAR Overhaul or simply RFO. An executive order got the ball rolling, setting forth the mandate to create FAR 2.0 within 180 days from April 15, 2025, which puts the deadline as October 12, 2025. The GSA has described its goals with the FAR overhaul by using some interesting metaphors. It says the FAR overhaul will be like a renovation of an old apartment building, taking things down to the studs while preserving the structural integrity of the original design. GSA acknowledged the inevitable growing pains for this adaption process using another metaphor—the “wobbly” phase of learning to ride a bike. As noted in the GSA post: “Let’s be honest—there will be an adjustment period, and it might be uncomfortable. This discomfort is normal. In fact,…
Early Monday morning, a 37-year-old Janesville man was killed when his Chevrolet Blazer collided with a parked semi-truck on the shoulder of I-39 near Mile Post 157, just outside Stoughton, Wisconsin. According to the Wisconsin State Patrol, the semi was stopped on the right shoulder at the time of the crash. The driver of the Freightliner was not injured, but the driver of the SUV was pronounced dead at the scene. In a case like this, I think it's important to determine whether the semi was parked legally and whether proper precautions were taken to ensure the truck was visible to other drivers. When large trucks are stopped on or near active travel lanes, even small mistakes, like a missing reflective triangle or inactive hazard lights, can lead to serious outcomes. Was the Truck Parked in Accordance With Safety Regulations? When a semi-truck is stopped on the shoulder, federal and state regulations require the driver to activate hazard lights immediately and…
The $250,000 a Mississippi employer is paying for discriminating in favor of non-citizen visa holders warns all US employers against discriminating against legally authorized workers based on national origin. The settlement agreement with H2A Complete II Inc., that the Justice Department announced today reminds US employers not to discriminate among workers, legally authorized to work in the United States in employment practices based differences in the basis of their eligibility to work or national origin. The settlement resolves charges that H2A Complete II Inc. violated the Immigration and Nationality Act (“INA”) by unfairly favor H-2A visa holders over U.S. workers for agricultural employment opportunities. The second “Protecting U.S. Workers Initiative” settlement under the second Trump Administration, the settled demonstrates the Administration’s commitment to targeting, investigating, and bringing enforcement actions…
A crash involving an 18-wheeler shut down a major intersection on Caratoke Highway in Currituck County Tuesday morning. The incident occurred at the intersection with Shawboro Road. While details remain limited, a MedFlight helicopter was seen departing the scene and an ambulance was also observed leaving at high speed, suggesting that serious injuries may have occurred. Officials have not yet confirmed how many vehicles were involved or what caused the crash. When a crash involves a semi-truck at a busy intersection, it’s essential to investigate every factor that could have played a role, especially when the exact cause isn’t yet known. Could Driver Distraction or Fatigue Have Been a Factor? Given the time of the crash and the involvement of a large commercial vehicle, investigators may need to consider whether distraction or fatigue impaired the truck driver’s ability to react. Reviewing work schedules, electronic logging device data, and mobile…
Third Circuit Judge Paul Matey argues no, dissenting in Qatanani v. Attorney General. (The two judges in the panel majority seem to disagree, stating that "the [Board of Immigration Appeals] penalized Qatanani for quintessential First Amendment activity," but declines to discuss the matter in detail because it concludes Qatanani should prevail on statutory and procedural grounds.) Here's an excerpt: Qatanani entered the United States in 1996 on a H-1B nonimmigrant visa with authorization to serve as an imam at The Islamic Center of Passaic Country (ICPC) until April 1, 1999. Rather than leave, he applied to adjust his status to lawful permanent residence (LPR). After almost two decades of administrative proceedings, an Immigration Judge (IJ) found Qatanani eligible for a status adjustment and deserving one as a matter of discretion. But the Board of Immigration Appeals (BIA) disagreed [in April 2024], noting Qatanani's lack of candor, admitted association…
Supreme Court decision allowing mass firings at Education Department ‘is indefensible,’ dissenters say
One person dies every 42 minutes in this country from drunk driving, according to the National Highway Traffic Safety Administration (“NHTSA”). Drunk driving is infamous for causing fatal car accidents and semi-truck crashes. Still, many people choose to get behind the wheel after drinking alcohol despite the well-known risks and the severe criminal penalties for driving under the influence of alcohol. Why is drinking so dangerous for a driver? Having been absorbed into the body through the digestive system, alcohol enters the blood stream, moves through the liver, and begins to interact with the central nervous system. It doesn’t take long. It doesn’t take much, either. Even a blood alcohol concentration (“BAC”) of .01 is enough to cause a crash. Rise to .02 BAC and there is altered mood; some loss in judgment; and declining abilities in vision and in being able to do two things at the same time (like braking and steering). It is…
Pix credit here I have been teaching the introductory course on corporation law in the United States for quite some time. That repetition over decades provides a space, if one is willing to enter it, for reflection. That reflection is not merely an invitation to ponder the way that time alters all things--as banal a waste of time as many one could think of. Instead, that banality sometimes provides the seeds for perhaps more useful reflection. For me that touches on two related matters. The first is pedagogy; the second is on the object of pedagogy--that is on the nature of knowledge that is to be conveyed in an active state, where the iterative details change constantly, swirling, however, around a core that is less likely to be moved quickly, and even if it did, to move around a core within a much more compressed orbit. Putting the two together may provide some utility to both teacher and student, each invited to partake at a level contextually…