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22 Feb 2011, 8:44 am by Lawrence Solum
Since judicial authority consists of the power to "say what the law is" (Marbury v. [read post]
11 Feb 2019, 9:38 am by Stephen Honig
A couple of weeks ago, a three-judge panel of the United States Circuit Court (for the non-lawyers: the highest Federal courts except for the Supreme Court) decided the case of SEC v Scoville, which in effect held that the SEC has enforcement powers against alleged securities frauds which are primarily extra-territorial. [read post]
11 Feb 2019, 9:38 am by Stephen Honig
A couple of weeks ago, a three-judge panel of the United States Circuit Court (for the non-lawyers: the highest Federal courts except for the Supreme Court) decided the case of SEC v Scoville, which in effect held that the SEC has enforcement powers against alleged securities frauds which are primarily extra-territorial. [read post]
15 Apr 2024, 6:32 am by Matthew L.M. Fletcher
United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal sovereignty. [read post]
31 Oct 2016, 5:51 am by Adam Steinman
Clark, which presents the question: "Whether the FAA preempts a state-law contract rule that singles out arbitration by requiring a power of attorney to expressly refer... [read post]
1 Dec 2017, 2:11 pm by Adam Steinman
Supreme Court granted certiorari in Salt River Project Agricultural Improvement & Power District v. [read post]
14 Jul 2017, 6:45 am by Margo Schlanger
The plenary-power doctrine was born in 1889, in Chae Chan Ping v. [read post]