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15 Aug 2011, 1:33 am
” Judge Wu drew a distinction between the officer defendants (whose dismissal motion he denied) and the director defendants, observing that “the question in assessing the director defendants’ liability vis a vis the Option ARMs and concentration levels is what the director defendants knew at the time that should have dictated to them that they do something more or different from all that they did do. [read post]
14 Aug 2011, 9:03 pm
However, it does not deal with a plea of lack of jurisdiction as regards counterclaim or set off. [read post]
14 Aug 2011, 8:54 pm
VI. [read post]
14 Aug 2011, 10:23 am
Section 10 deals with severability of exempted information and sub-section (1) thereof is extracted below: "(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from… [read post]
12 Aug 2011, 1:42 pm
Here is how I understand Jack’s response: Yes, Wilson does not seem to have actually referred to Resolution VI. [read post]
12 Aug 2011, 7:28 am
Unless of course one intends to assert that the United States and Hezbollah are engaged in an armed conflict separate and apart from the armed conflict in Iraq, by analogy to the situation vis-a-vis al Qaeda. [read post]
12 Aug 2011, 2:55 am
" [2 Farrand at 14, 16-17] You can see that Resolution VI, although it does not speak the modern language of economics, is also concerned with interstate spillovers and potential collective action problems. [read post]
11 Aug 2011, 6:28 pm
And for that reason, to exclusively bestow on quantitative legal scholarship the title “empirical” may give it an unwarranted patina of credibility vis a vis other approaches that equally merit that description. [read post]
11 Aug 2011, 8:11 am
Whether we are right or wrong does not turn on Resolution VI. [read post]
11 Aug 2011, 6:41 am
I argue that the evidence does not support these historical claims.In his last post, Neil Siegel focuses on some of my arguments and concludes that they are either unpersuasive or relatively unimportant. [read post]
10 Aug 2011, 12:18 pm
(iii) The phrase any person not being the accused occurring in Section 319 does not exclude from its operation an accused who has been released by the police under Section 169 of the Code and has been shown in Column 2 of the charge-sheet. [read post]
10 Aug 2011, 10:46 am
Finally, even putting aside all of the above, this episode does not show that the Convention rejected the relevance of the structural principle expressed in Resolution VI to subsequent interpretation of the enumerated powers in Section 8. [read post]
10 Aug 2011, 8:50 am
Whatever it is, it is not Resolution VI and Wilson does not claim that it is.Scholars have simply assumed Wilson was referring to Resolution VI, even as they noticed that Wilson’s principle seemed somewhat different than Resolution VI (as does Jack Balkin, for example). [read post]
9 Aug 2011, 12:45 pm
And, of course, the Commerce Clause must be read against the backdrop of Resolution VI, which resolved to draft a Constitution that gave the national government sufficient power to address issues of federal concern. [read post]
9 Aug 2011, 6:54 am
Collective action federalism does not resolve disagreements over this question. [read post]
8 Aug 2011, 12:39 pm
In answering (v) and (vi), the examiner should seek the advice of his manager in consultation with local counsel. [read post]
8 Aug 2011, 8:04 am
As they put it, only by doing so “does the Commerce Clause effectuate the Framers’ direction that Congress should have authority to ‘legislate in all Cases for the general Interests of the Union, and also in those Cases to which the States are separately incompetent, or in which the harmony of the United States may be interrupted by the Exercise of individual Legislation. [read post]
8 Aug 2011, 6:58 am
The delegates apparently grasped the link between the general principles stated in Resolution VI and the specific powers conferred in Section 8. [read post]
7 Aug 2011, 8:01 pm
In either case it does not attract the doctrine of merger. [read post]
6 Aug 2011, 9:40 pm
The theory of collective action federalism reads the clauses of Section 8 as giving the federal and state governments the power to do what each does best.I’m much looking forward to both Prof. [read post]
