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9 Aug 2013, 7:13 am by Rebecca Tushnet
Rigidity v. flexibility: advocates for more specific defenses. [read post]
8 Aug 2013, 10:37 am by Alexandra Allan
In Sea Glory Maritime Co v Al Sagr National Insurance Co (The Nancy) [2013] EWHC 2116 (Comm), the First Claimant (the vessel’s registered owner) and Second Claimant (a party representing itself as the vessel’s commercial and technical manager) sought an indemnity under a policy of marine insurance taken out with the Defendant. [read post]
7 Aug 2013, 6:26 am by Keith R. Fisher
FisherWhen the State National Bank of Big Spring case challenging the constitutionality of several titles of the Dodd-Frank Wall Street Reform & Consumer Protection Act (“Dodd-Frank”) was originally filed in June 2012, I immediately identified its vulnerability to a motion to dismiss for lack of standing. [read post]
2 Aug 2013, 7:00 am by Barbara S. Mishkin
MishkinYesterday, the CFPB’s motion to dismiss was granted in State National Bank of Big Spring, Texas, et al. v. [read post]
1 Aug 2013, 2:10 pm by Rahul Bhagnari, ACLU
The legislative history of Section 230 refers specifically to a New York state case — Stratton Oakmont, Inc. v. [read post]
31 Jul 2013, 8:50 am by Ilya Somin
Scarcely touched by the nation’s housing recovery and tired of waiting for federal help, Richmond is about to become the first city in the nation to try eminent domain as a way to stop foreclosures... [read post]
30 Jul 2013, 4:00 am by Barbara S. Mishkin
MishkinIt looks like the court is finally set to rule on the CFPB’s motion to dismiss in State National Bank of Big Spring, Texas, et al. v. [read post]
25 Jul 2013, 1:16 am by Kevin LaCroix
Supreme Court’s decision in National Australia Bank v. [read post]
23 Jul 2013, 9:01 pm by Sherry F. Colb
  What makes the case stronger is that the group is far more sympathetic. [read post]
16 Jul 2013, 1:25 pm
  (c) Debts (including bonds, promissory notes, bills of exchange, bank deposits and insurance, except bonds or other negotiable instruments in bearer form and such debts for which specific provisionis otherwise made in this Article) shall be deemed to be situated at the place where the debtor resides. [read post]
14 Jul 2013, 10:59 am by Jon
The closest one finds is the 14th Amendment, except that it only authorizes penal legislation applicable to state actors, not to private persons generally, and the offenders in this case were not state actors.The authority cited for all of these charges is the Commerce Clause, interpreted as authorizing criminal penalties under the Necessary and Proper Clause, mainly based on the Supreme Court precedent in Wickard v. [read post]
14 Jul 2013, 5:45 am by Barry Sookman
Again http://t.co/y0unOiUO3M -> Computer and Internet Law Weekly Updates for 2013-07-06: Computer and Internet Law Updates for 2013-06-28: Com… http://t.co/68wn0271oo -> Crass and Offensive Tweets by Student May not Justify Suspension — Rosario v. [read post]
10 Jul 2013, 10:17 am by Alexandra Allan
In Bank Mellat v HM Treasury [2013] UKSC 39, the Appellant (an Iranian bank with UK subsidiaries) appealed against a decision upholding measures taken by the Treasury to restrict its access to the UK financial market. [read post]