March 19, 20241 yr comment_81983 If you think this COFC opinion is interesting, did you look at different parts of it to understand the subject matter? Revitalizing Auto Communities Environmental Response Trust, No. 23-192 C, March 19, 2024. Report
March 20, 20241 yr comment_81990 Seventeen pages to deny a motion to dismiss. The ultimate decision is going to be a whopper! Our legal system is a swamp of procedure, and there is nothing to be gained by complaining about it. In fact, our whole government is a swamp of procedure, administrative and legal. Consider the months-long (if not years-long) source selection process. Again, there is no point in complaining about it. All efforts to "streamline" procedure have failed. America is in the grip of a cult of procedure. See: "The Procedure Fetish," by Nicholas Bagley (2021): Quote Inflexible procedural rules are a hallmark of the American state. The ubiquity of court challenges, the artificial rigors of notice-and-comment rulemaking, zealous environmental review, pre-enforcement review of agency rules, picayune legal rules governing hiring and procurement, nationwide court injunctions — the list goes on and on. https://www.niskanencenter.org/the-procedure-fetish/ For a longer version see Bagley, The Procedure Fetish, 118 Mich. L. Rev. 345 (2019). The article has been cited 103 times. https://repository.law.umich.edu/mlr/vol118/iss3/2/ Report
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