@OrinKerr How does fit with the annual decision of some group of student leaders that each student group will or will not receive X dollars in funds from a university account?
@DAlperovitch There is a major geopolitical problem with this option. Most of the major Russian pipelines serve our Nato allies. They would not appreciate the adverse effects on them.
@seanhecht@jadler1969 I like and admire Hari, but I would urge her to decline this position if the description of the search procedure is accurate. The Dean's job is hard in the best of circumstances, and this is a bad way to start.
@Aaron_L_Nielson I agree with Aaron. This is an important contribution to the literature. I was Ken's co-author for years, and I was unaware of this part of the history of the APA.
2 studies are important. 90% of a choir got CV-19 from one asymptomatic positive and 60% of a dinner party had the same experience even with social distancing. Duration of exposure is a major factor.
@VolokhC My answer is "maybe" but the incentives that Adler and Walker urge are insufficient. At a minimum we would have to change our method of choosing candidates for office and of choosing the Speaker of the House. See my essay in Regulatory Review and my forthcoming article.
@jadler1969@reason@VolokhC This is a wonderful article that forces us to look at nondelegation in a new way. Notwithstanding my admiration for it, I plan to respond to it by questioning whether Congress has the capacity to engage in the kinds of legislative reviews and revisions that the authors envision.
@chris_j_walker I agree that Kisor will cause courts to reduce Auer deference but Auer deference was never as powerful as many believe. My empirical study found only a 76% affirmance rate even before the Court qualified Auer in Christopher. 63 ad l rv 77.
Super interesting. My initial reaction was that Kisor would lead to lower courts narrowing Auer in a similar way that #SCOTUS has been narrowing Chevron at steps zero and one: https://t.co/G78ommzPV3