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3 May 2022, 4:30 am by Michael C. Dorf
In the balance of today's essay, I'll discuss a hypothesis first floated by Professor Stephen Vladeck and reported by the NY Times last month: perhaps the Biden administration is hoping that once the mandate expires of its own force (as it will tomorrow), the case will be moot; then, invoking the Munsingwear mootness doctrine (named for the 1950 SCOTUS case of United States v. [read post]
8 Apr 2008, 4:20 am
However, in two published opinions in 2002 in the federal death penalty case of United States v. [read post]
5 Oct 2011, 4:47 am by Rosalind English
The influence of a “graduated approach to proportionality” had two benefits; it took root in society without being perceived as being imposed from above, and it even influenced Strasbourg case law – see for example the extensive quotations from Lord Bingham’s judgments in Pretty v DPP when the Strasbourg Courts came to consider the case in Pretty v United Kingdom. [read post]
12 Apr 2018, 6:00 am by Ed Stein
(As discussed in an earlier post, some argue that the review provision runs afoul of Immigration and Naturalization Service v. [read post]
27 Sep 2017, 11:47 am by Garrett Hinck
The Treasury Department added eight North Korean banks and 26 individuals to the Office of Foreign Asset Control’s sanctions lists, blacklisting them from any dealings with the United States, the New York Times reported. [read post]
6 Oct 2008, 10:16 am
The United States presented no r other evidence to controvert that offered by Knellinger. [read post]
14 Dec 2009, 7:08 am
In the Chrysler bankruptcy case (Indiana State Police Pension Trust, et al., v. [read post]
6 Feb 2022, 4:18 pm by INFORRM
United States On 31 January 2022, the EARN IT Act was reintroduced to the Senate by Senator Richard Blumenthal and 18 co-sponsors from both parties. [read post]
28 Nov 2017, 2:43 am by Ugonna Eze
Those who believe that the Dodd-Frank Act displaces the FVRA – and therefore, that English should sit as CFPB interim director – rely on a theory of statutory construction that says that when two statutes conflict, the more specific statute should be given greater strength (see United States v. [read post]
30 Oct 2018, 8:00 am by Guest Blogger
Magliocca makes a good case for why such appeals to fixity were likely unavoidable in the United States. [read post]
2 Nov 2009, 8:05 am
In 1993, the Swaps Monitor, an industry newsletter, reported that the derivatives market amounted to a total of US$24 trillion, representing approximately four times the size of America’s domestic product by that time. [3] Just recently, the International Swaps and Derivatives Association reported that at the end of 2006 the derivatives market amounted US$283 trillion, an exorbitant amount when compared with the US$34 trillion resulting from the sum of the gross domestic product of the… [read post]
12 Jun 2020, 6:30 am by Guest Blogger
Religious belief is presented as adamant, full of feeling, and insulated from both intellectual content and broader critique. [read post]