bob7947 Posted March 19, 2024 Report Share Posted March 19, 2024 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. Quote Link to comment Share on other sites More sharing options...
Vern Edwards Posted March 20, 2024 Report Share Posted March 20, 2024 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/ Quote Link to comment Share on other sites More sharing options...
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