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29 Jul 2011, 12:24 am by Lawrence Solum
These devices include, of course, the separation of powers and federalism, as well as the pluralistic principle of church-state separation, correctly understood. [read post]
7 Aug 2019, 2:43 pm
Makes sense, and a well-known principle.But, here, the defendant removes (frivolously), gets remanded, and then later removes again. [read post]
14 Feb 2007, 3:43 am
It is a well-settled principle of statutory interpretation that a statute will not be construed to burden states in the exercise of their traditional powers unless it clearly states its intent to do so. [read post]
7 Jul 2008, 7:20 pm
It doesn't bode well for you when the very first paragraph of the Court of Appeal's factual statement includes the following two sentences: "[Plaintiff] has filed in excess of 400 such actions in state and federal court, and has been declared a vexatious litigant in both jurisdictions. [read post]
11 Apr 2008, 5:08 am
I now shamelessly crib from a lower court decision by Justice Walter Tolub in 2006 against Comptroller Hevesi and the State (citations have been omitted):It is well settled that the Court of Claims has exclusive jurisdiction over actions for money damages against the State, State agencies, or State officials acting in their official capacities in the exercise of governmental functions. [read post]
10 Nov 2010, 2:15 am
“There is no question here that both sides can well afford to litigate in the High Court. [read post]
13 Mar 2023, 5:31 am by Paul Stephan
Moreover, if the Supreme Court decides Türkiye Halk Bankasi A.S. v. [read post]
8 Jan 2015, 12:18 pm
" But it "was clear both newbies, neither of whom has prior judicial experience, had researched the issues deeply beforehand and arrived well-versed" in the cases; they "posed factual questions, tossed off references to case law and state code with apparent fluency, and posed a few hypotheticals. [read post]