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28 Jun 2023, 3:42 am by Matthew L.M. Fletcher
I argue that Congress should reject the Court’s relentless subordination of Indian interests to non-Indian interests and reassert its role in defining and defending a robust conception of tribal sovereignty. [read post]
27 Jun 2023, 9:01 pm by renholding
Congress has been very clear in the federal securities laws when it intends to preempt state law, such as in the National Securities Markets Improvement Act[44] or the Jumpstart Our Business Startups Act.[45] Indeed, such a broad claim of Commission authority might raise issues under the major questions doctrine discussed in West Virginia v. [read post]
27 Jun 2023, 1:33 pm by Amy Howe
It argued that a decision from 1945, International Shoe Co. v. [read post]
26 Jun 2023, 9:01 pm by renholding
Sixty years ago, the Supreme Court handed down its decision in United States v. [read post]
26 Jun 2023, 9:06 am by Amy Howe
Article I of the Constitution requires Congress to apportion any “direct taxes” among the states. [read post]
26 Jun 2023, 8:04 am by Jonathan H. Adler
Today the Supreme Court granted certiorari in Moore v United States, which considers the estent to which the 16th Amendment constrains Congress's ability to impose different sorts of taxes and, in particular, whether Congress may tax unrealized income without apportionment. [read post]