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1 Jul 2024, 5:11 am by Daniel M. Kowalski
As discussed in our previous blog , Jarkesy involved an investment advisor who was charged with violations of securities law and challenged the SEC’s enforcement action on the grounds that he was deprived of his constitutional right to a jury trial, that “Congress unconstitutionally delegated legislative power to the SEC by failing to provide it with an intelligible principle by which to exercise the delegated power”, and that restrictions on the removal of Administrative… [read post]
28 Jun 2024, 12:34 pm by David Super
  House Budget Committee Chairman Jodey Arrington (R-TX) has introduced a resolution to call such a convention on the (highly contestable) premise that they already have the requisite 34 states. [read post]
27 Jun 2024, 2:32 pm by Perez Mayoral, P.A.
2024 New Florida Condo Law: Analysis of the Condo rights bill (HB 1021) Signed by Governor DeSantis and effective on July 1, 2024 The 2024 Condo Rights Bill (HB 1021), now being commonly referred to as the “DeSantis Condo Law,” “Condo 3.0,” and the “New Condo Law,” introduces significant amendments to the statutory framework governing community associations in Florida. [read post]
26 Jun 2024, 11:26 am by Asheesh Agarwal
By narrowing the RFI to topics that relate directly to the antitrust laws and merger analysis, and that have grounding in the statutory language and historical precedent, the agencies would gather more useful information and would increase public confidence in the necessity and utility of this inquiry. [read post]
25 Jun 2024, 12:59 pm by Sarah Kane
Professor May encouraged us to find novel legal claims and be creative, yet realistic, about our topics and provided some basic ideas to help get our research off the ground. [read post]
23 Jun 2024, 1:24 pm
Beyond the core distinction between regimes grounded in mandatory versus guidance measures,  other differences emerge, One focuses on the nature of mandatory measures. [read post]
23 Jun 2024, 9:31 am by Giles Peaker
AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin) This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster. [read post]
23 Jun 2024, 1:01 am by Frank Cranmer
MacDonald J held that none of the grounds advanced by the claimants amounted to “an arguable ground for judicial review having a realistic prospect of success” [50]. [read post]
20 Jun 2024, 3:30 am by Wendy Wagner
Most of us in administrative law think not, but when push comes to shove, we must concede that we have precious little idea of how agency staff operate on the ground to fulfill their statutory commands. [read post]
17 Jun 2024, 6:49 pm by Eleonora Rosati
Crocs, Inc. brought an appeal (R 0590/2024-3) against that decision on 19/03/2024, with the grounds of appeal being due 27/05/2024 (not available).It will be interesting to see whether the third challenge for life will eventually result in a quiet passing or whether RCD No 257001-0001 will resort to a fourth life (albeit only way too short given that the 25-year-protection will end on 22/11/2024 anyhow). [read post]
17 Jun 2024, 1:54 pm by Jonathan M. Mofsky
This does not apply to a licensed attorney giving legal advice to a client. 718.112(r)(1), Florida Statutes and 718.112(r)(2), Florida Statutes Establishes additional director or officer offenses, including charges or indictment with specific crimes, that result in the removal of the officer or director from office. [read post]
17 Jun 2024, 6:08 am by Keith Mines
A middle ground would be to differentiate the patronage networks and gang leadership from the foot soldiers. [read post]
16 Jun 2024, 8:56 pm by Béligh Elbalti
These include (i) the treatment of foreign summary enforcement judgments as ordinary “enforceable titles” (sanadat tanfidhiyya – titres exécutoires) under domestic law including domestic judgments rendered in criminal matters; (ii) the assimilation between summary judgment in common law jurisdictions and hukm musta’jil (“summary interlocutory proceedings order” – “jugement en référé”); and (iii) the… [read post]