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Forum: General Racing Discussion

12-20-2022, 08:27 AM

Replies: 42

5th Circuit strikes down Horse Racing Integrity Act

Views: 6,537

Posted By dilanesp

That would moot the 5th Circuit case if passed.

That would moot the 5th Circuit case if passed.

Forum: General Racing Discussion

12-13-2022, 11:55 AM

Replies: 42

5th Circuit strikes down Horse Racing Integrity Act

Views: 6,537

Posted By dilanesp

The FTC disapproved the HISA rules without...

The FTC disapproved the HISA rules without prejudice based on the 5th Circuit ruling:

https://www.ftc.gov/system/files/ftc_gov/pdf/order_re_hisa_anti-doping_disapprove_without_prejudice_0.pdf
...

Forum: General Racing Discussion

11-23-2022, 12:09 PM

Replies: 42

5th Circuit strikes down Horse Racing Integrity Act

Views: 6,537

Posted By dilanesp

HISA could very much survive. There is possible...

HISA could very much survive. There is possible en banc review in the 5th Circuit, and absent a reversal en banc, there is likely to be a conflict of the circuits because the 6th Circuit and perhaps...

Forum: General Racing Discussion

11-21-2022, 11:20 AM

Replies: 42

5th Circuit strikes down Horse Racing Integrity Act

Views: 6,537

Posted By dilanesp

The first principle you list is the "rule of...

The first principle you list is the "rule of lenity"- an actual rule lawyers apply in interpretation. Err on the side of narrowing the prohibition.

The rest of it, I can only tell you that to "put...

Forum: General Racing Discussion

11-20-2022, 12:04 PM

Replies: 42

5th Circuit strikes down Horse Racing Integrity Act

Views: 6,537

Posted By dilanesp

No they don't. When money or even liberty turns...

No they don't. When money or even liberty turns on words, it is surprisingly hard to be precise.

The famous example from legal philosophy is HLA Hart's "No Vehicles in the Park" law. Does it apply...

Forum: General Racing Discussion

11-19-2022, 04:49 PM

Replies: 42

5th Circuit strikes down Horse Racing Integrity Act

Views: 6,537

Posted By dilanesp

PAPSA was struck down because it commandeered...

PAPSA was struck down because it commandeered state resources. This may seem like a silly distinction, but our constitutional doctrines treat a law that tells state regulators what to do differently...

Forum: General Racing Discussion

11-19-2022, 12:47 PM

Replies: 42

5th Circuit strikes down Horse Racing Integrity Act

Views: 6,537

Posted By dilanesp

The commerce clause arguments against this sort...

The commerce clause arguments against this sort of regulations were always losers under current precedent.

Let's consider the BEST case for a commerce clause horse racing regulation argument....

Forum: General Racing Discussion

11-18-2022, 04:20 PM

Replies: 42

5th Circuit strikes down Horse Racing Integrity Act

Views: 6,537

Posted By dilanesp

OK, I'll explain the decision and then provide...

OK, I'll explain the decision and then provide some substantive comments.

The decision is based on two premises: the statute creates a private body to regulate horse racing (HISA) and the federal...

Forum: General Racing Discussion

11-18-2022, 01:00 PM

Replies: 42

5th Circuit strikes down Horse Racing Integrity Act

Views: 6,537

Posted By dilanesp

5th Circuit strikes down Horse Racing Integrity Act

You want to dunk on me for being wrong, here's your chance- I NEVER thought any major federal court would do it.

I will discuss this in detail later.

https://t.co/rn9D5cX1qo

Showing results 1 to 9 of 9

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