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10 Mar 2024, 6:30 am by Guest Blogger
Instead, because of the very nature of constitutional amendment in the U.S., it would be the political branches taking the lead and setting out the terms. [read post]
24 Jan 2013, 6:16 pm by Lyle Denniston
The Court on December 7 agreed to review the constitutionality of Section 3 in the case of U.S. v. [read post]
13 Sep 2023, 5:38 am by Stephen E. Sachs
(It also depends on whether legislatures can rescind their ratifications, as some may have done; for more on that, see Michael Stokes Paulsen's General Theory of Article V.) [read post]
27 Mar 2012, 7:36 am
Filburn as a demonstration that the judicial branch is subject to and conscious of the relationship between popular opinion and the ability of the courts to exercise their power; less sharp law students fondly remember Wickard v. [read post]
27 Mar 2012, 7:36 am
Filburn as a demonstration that the judicial branch is subject to and conscious of the relationship between popular opinion and the ability of the courts to exercise their power; less sharp law students fondly remember Wickard v. [read post]
7 Jul 2010, 7:53 am by Adam Chandler
Martinez “is noteworthy not just for what it says about public colleges and their student organizations, but also for what it may suggest about Perry v. [read post]
24 Nov 2010, 4:26 am by Russ Bensing
Washington and Hammon v. [read post]
15 May 2012, 3:38 am by Russ Bensing
The other decision was State v. [read post]
28 Mar 2016, 3:28 am by Peter Mahler
While “[t]he Limited Liability Company Law does not expressly authorize a buyout in a dissolution proceeding'” (Mizrahi v Cohen, 104 AD3d 917, 920, quoting Matter of Superior Vending, LLC [Tal-Plotkin], 71 AD3d 1153, 1154), “in certain circumstances, a buyout may be an appropriate equitable remedy upon the dissolution of an LLC” (Mizrahi v Cohen, 104 AD3d at 920 [emphasis added]). [read post]
28 Mar 2016, 3:28 am by Peter Mahler
While “[t]he Limited Liability Company Law does not expressly authorize a buyout in a dissolution proceeding'” (Mizrahi v Cohen, 104 AD3d 917, 920, quoting Matter of Superior Vending, LLC [Tal-Plotkin], 71 AD3d 1153, 1154), “in certain circumstances, a buyout may be an appropriate equitable remedy upon the dissolution of an LLC” (Mizrahi v Cohen, 104 AD3d at 920 [emphasis added]). [read post]
4 May 2015, 7:09 am by Ilya Shapiro
If you chose the first option, you may also think that mandates are synonymous with taxes and that United States v. [read post]
28 Mar 2016, 3:28 am by Peter Mahler
While “[t]he Limited Liability Company Law does not expressly authorize a buyout in a dissolution proceeding'” (Mizrahi v Cohen, 104 AD3d 917, 920, quoting Matter of Superior Vending, LLC [Tal-Plotkin], 71 AD3d 1153, 1154), “in certain circumstances, a buyout may be an appropriate equitable remedy upon the dissolution of an LLC” (Mizrahi v Cohen, 104 AD3d at 920 [emphasis added]). [read post]
27 Mar 2020, 1:30 pm by Guest Blogger
As evidence of this trend, consider the Court’s decision in American Legion v. [read post]
24 Jan 2011, 6:50 pm by David Lat
As you may recall, an Article II vs. [read post]