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30 Jan 2018, 1:43 pm by Rebecca Tushnet
  Thus,  courts limited standing to conduct that is “consumer-oriented,” a rule that “strikes an appropriate balance by preventing businesses from tacking deceptive practices claims onto their purely commercial disputes while also allowing affected businesses to act as vicarious defenders of consumers. [read post]
5 Jan 2018, 2:52 pm by Mark Weidemaier
The case deals with a limited issue: Whether Delaware law imposes liability for the fraudulent transfer of an asset on an entity that is not itself a debtor. [read post]
21 Dec 2017, 4:38 am by RUTH SMITH, MILLS & REEVE
Based on EU jurisprudence the decisive test is whether the authority “manifestly and gravely disregarded the limits on its discretion”. [read post]
18 Dec 2017, 6:00 am by Josh Blackman
For example, Daniel Hemel and Eric Posner assert that the removal would be improper if it was done for improper motives: namely “personal, pecuniary, or purely partisan ends. [read post]
16 Dec 2017, 8:50 am
(pix credit; here)The Statement on Visit to the USA, by Professor Philip Alston, United Nations Special Rapporteur on extreme poverty and human rights has just been posted to the UN's website. [read post]
6 Dec 2017, 1:19 pm by ligitsec
105 S.Ct. 2218 85 L.Ed.2d 588 HARPER & ROW, PUBLISHERS, INC. and the Reader’s Digest Association, Inc., Petitionersv.NATION ENTERPRISES and the Nation Associates, Inc. [read post]
30 Nov 2017, 9:01 pm by Vikram David Amar
By reference to authority, which can take the form of, among other things, judicial or other precedent, textual analysis of words enacted by a legislative body, and sometimes pure logic, empirical data or old-fashioned common sense.How do you most effectively use these materials? [read post]
30 Nov 2017, 12:30 pm by Susan Hennessey
In order to develop a sensible framework, we must disentangle pure election-security issues from broader information operations or covert influence campaigns. [read post]
24 Nov 2017, 2:13 pm by Mark Weidemaier
But the answer is less obvious in cases where alter ego liability is premised purely on control. [read post]
13 Nov 2017, 4:00 am by John Gregory
Purely electronic records do not need enabling by functional equivalence as provided in this text. [read post]
8 Nov 2017, 5:51 am
Dismissing as entirely unhelpful the wealth of Western engagements with Chinese Marxist Leninist constitutionalism—precisely because eat their base this literature starts from the presumption of illegitimacy and the premise that constitutionalism and Marxism Leninism is an oxymoron (and thus tell us more about the state of Western self-conceptions than of the object studied)—most commentators on the rich and quite dynamic evolution of constitutionalism in China break down into… [read post]
2 Nov 2017, 4:20 am by Sasha Volokh
The precise constitutional language probably matters less than the general attitudes of judges in different states.) [read post]
1 Nov 2017, 9:01 pm by Vikram David Amar
” According to many cities, this is precisely what Attorney General Sessions is trying to do.There are many questions about whether Printz would continue to command majority support at the Supreme Court today, whether there might be an “immigration exception” to the Printz doctrine, and whether Printz by its own terms even applies to information-only demands by the feds (which would mean § 1373 would be ok, regardless of whether the demands for access to persons in… [read post]
30 Oct 2017, 8:30 am
Forman, ed., The Problem of Pure Consciousness: Mysticism and Philosophy (Oxford University Press, 1990). [read post]
29 Oct 2017, 5:32 pm by Rebecca Ruth Gould
One example was the general strike, a form of mass mobilization that Benjamin regarded as “a pure means, a purified, immediate form of violence which deposed the whole legal order founded upon violence” even as it “diminished the incidence of actual violence. [read post]
29 Sep 2017, 6:46 am by Daniel Byman
The killing or capturing of key leaders could bring a group to a temporary halt or at least severely limit operations. [read post]
28 Sep 2017, 12:52 pm by Josh Blackman and Seth Barrett Tillman
But even if such an implied structural constitutional bar exists, that limitation against concurrent officeholding is not rooted in the text of the incompatibility clause and its “Office under the United States” language. 2. [read post]