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31 Jan 2024, 9:01 pm by renholding
If the court rules in Jarkesy’s favor on his Seventh Amendment claim, the SEC may be required to bring certain civil penalty actions for securities violations in federal court. [read post]
31 Jan 2024, 7:10 am by Marty Lederman
House of Representatives and the Senate already have determined that Donald Trump’s conduct on January 6, 2021 “warrants … disqualification to hold and enjoy any office of honor, trust, or profit under the United States. [read post]
31 Jan 2024, 7:07 am by Daniel M. Kowalski
Gonzales , 435 F.3d 172 (2d Cir 2006) , and held that the one-year period in which a timely application for asylum may be made runs from the applicant’s literal “last arrival” even when that last arrival followed a relatively brief trip outside the United States pursuant to advance parole granted by immigration authorities (which the Second Circuit had held would not restart the one-year clock). [read post]
31 Jan 2024, 6:22 am by Guest Author
Sweet Home Chapter of Communities, the Court distinguished its previous decision in United States v. [read post]
30 Jan 2024, 9:02 pm by renholding
 The absence of a public record specific to the adoption of the policy, the conclusory explanation of its necessity, and the absence of actual evidence of a problem weigh in favor of reexamining the policy. [read post]
30 Jan 2024, 7:16 am by Daniel Deacon
Much of that reorientation from deference to delegation was already accomplished in United States v. [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
Constitution which provides that, “The United States shall … protect each [state] against invasion. [read post]
29 Jan 2024, 4:46 am by Franklin C. McRoberts
If so, it will be interesting to see if the First Department adopts the Second Department’s entity-favorable “liquidation” standard, applies a more shareholder-favorable strict construction of BCL §§ 909 and 910, or adopts a different standard of its own. [read post]
28 Jan 2024, 9:05 pm by renholding
For instance, while the United States and Singapore determine the COMI based on the date of the application for recognition is filed, the United Kingdom and Australia use the date of the filing of the foreign proceedings and the date of the hearing of the recognition application, respectively, as the relevant dates to determine the debtor’s COMI. [read post]
A footnote from the majority opinion of that case states: The United States as amicus curiae contends that race-based admissions programs further compelling interests at our Nation’s military academies. [read post]
26 Jan 2024, 9:01 am by Just Security
At minimum, the implementation of all provisional measures should be a condition before the United States, or any country, considers further military or diplomatic support of Israel. [read post]
26 Jan 2024, 6:24 am by Mary Szarkowicz
International Court of Justice Issues Provisional Measures in South Africa v. [read post]
25 Jan 2024, 9:29 pm by Ryan Goodman
(Before today, a handful of States already said they would intervene in later proceedings – including Germany in favor of Israel, and Bangladesh, Jordan, and Nicaragua in favor of South Africa.) [read post]