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31 Oct 2022, 4:58 am by Andrew Lavoott Bluestone
In the civil context, the claim “accrues when the malpractice is committed” (Ruggiero v Powers, 284 AD2d 593, 594 [3d Dept 2001], lv dismissed 97 NY2d 638 [2001]), “not at the time that the injury is discovered” (Lavelle-Tomko v Aswad & Ingraham, 191 AD3d 1142, 1143 [3d Dept 2021]; see McCoy v Feinman, 99 NY2d 295, 301 [2002]). [read post]
28 Jun 2012, 10:05 am by Lawrence Solum
Sibelius) is to uphold the ACA while simultaneously creating a judicially imposed limit on the power of Congress to withold federal funds from the states. [read post]
31 Aug 2012, 7:07 am by Lyle Denniston
Knowles (11-1450) and Descamps v. [read post]
21 Jun 2011, 7:30 am by Medicare Set Aside Services
As you may recall, MAO's were granted all the powers of the Secretary of Health and Human Services and the right to bring suit for MSP recoveries lies only with the United States. [read post]
2 Sep 2020, 2:09 pm
This is the sovereign power at its nadir, not its zenith. [read post]
20 Jan 2016, 7:00 am by Samantha Knights, Matrix
Of interest to constitutional lawyers, the Court embarked upon a detailed consideration of an earlier decision in Quark Fishing Ltd v UK, App. [read post]
17 Jul 2020, 12:34 pm
  Efficient and just solution to a thorny problem.The only doctrinal complexity is that it's not obviously true that the judiciary has the power to amend a statute. [read post]
29 Mar 2010, 12:57 pm by Eugene Volokh
I don’t know of any cases specifically on this, but I think this has to be unconstitutional: A state may no more seize federal property than tax the Bank of the United States, see M’Culloch v. [read post]
20 Apr 2009, 6:02 am
Flores, No. 08-294 (consolidated with Arizona State Speaker v. [read post]
16 Apr 2024, 6:42 am by Matthew L.M. Fletcher
This Article argues that the generally accepted understanding of Hawaii Housing Authority v. [read post]
8 Sep 2007, 2:52 am
Such usage of power leads to rash consequences on the Rule of Law and democracy. [read post]