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13 Oct 2011, 5:00 am by Kimberly A. Kralowec
The Ninth Circuit panel's decision endorses the power of state AGs to bring their own cases even when private class actions cover the exact same conduct. [read post]
11 Nov 2016, 9:31 am by Gerard N. Magliocca
Under the Supreme Court's 2015 analysis in Arizona State Legislature v. [read post]
14 Nov 2014, 3:43 am
Jack Goldsmith, Martin Lederman and several others have suggested that the Supreme Court could avoid difficult constitutional decisions about the separation of powers in foreign relations in Zivotofsky v. [read post]
27 Apr 2022, 1:12 pm by Public Employment Law Press
Redistricting — which is "primarily the duty and responsibility of the State" (Perry v Perez, 565 US 388, 392 [2012] [internal quotation marks and citation omitted]; see Growe v Emison, 507 US 25, 34 [1993]) — is a complex and contentious process that, historically, has been "within the legislative power . . . subject to constitutional regulation and limitation" (Matter of Orans, 15 NY2d 339, 352 [1965]). [read post]
27 Apr 2022, 1:12 pm by Public Employment Law Press
Redistricting — which is "primarily the duty and responsibility of the State" (Perry v Perez, 565 US 388, 392 [2012] [internal quotation marks and citation omitted]; see Growe v Emison, 507 US 25, 34 [1993]) — is a complex and contentious process that, historically, has been "within the legislative power . . . subject to constitutional regulation and limitation" (Matter of Orans, 15 NY2d 339, 352 [1965]). [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]
23 Jan 2007, 6:38 pm
The United States Supreme Court bypassed an opportunity to revisit its much publicized 2005 Kelo v. [read post]
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]