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31 Mar 2008, 1:58 pm
For a discussion of the linkage between then and now, see my A Common Lawyer Looks at Constitutional Interpretation, 72 Bost U. [read post]
31 Mar 2008, 12:00 pm
  The question faced by the Court in Hall Street was whether the parties to a dispute governed by the Federal Arbitration Act ("FAA") could, by agreement, provide for more expansive judicial review of the arbitrator's award than the narrow grounds stated in the FAA. [read post]
26 Mar 2008, 11:50 pm
Partisan entrenchment in the judiciary may prevent drastic changes in governance, or as Eric puts it, it may promote "smooth policy variance over time. [read post]
26 Mar 2008, 8:25 pm
The Railway Labor Act: Purpose & Procedure In 1926, Congress enacted the RLA, drawing nearly exclusively from the approach to dispute resolution adopted by railway executives and union officials in response to the violent labor conflicts of the late 19th century. [4] Originally applying only to railway companies, Congress amended the RLA in 1936 to include coverage of air carriers. [5] The federal government's interest in the regulation of carrier labor… [read post]
26 Mar 2008, 5:37 am
"The High Court later concluded that neither the IJC decision in Avena nor the President's Memorandum to the Texas courts constituted enforceable federal law that pre-empted the state rules of procedure.As Chief Justice Roberts wrote for himself and four others:The United States maintains that the President's Memorandum is authorized by the Optional Protocol and the U. [read post]
20 Mar 2008, 7:45 pm
Billionaire Lewis, who controls Tottenham's parent company ENIC, spent about $1.2 billion in building up a roughly 10% stake in Bear Stearns over the last year only to see that essentially wiped out when the bank was sold to JP Morgan over the weekend for about $225 million in a Federal Reserve orchestra take out. [read post]
16 Mar 2008, 10:41 am
It has had a profound influence on the practice of constitutional interpretation and the political contest over the shape of the federal judiciary. [read post]
15 Mar 2008, 7:00 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
11 Mar 2008, 7:58 am
  Of course, the governor's transgression occurred in Washington, D.C., an enclave in which the federal government has general police powers. [read post]
1 Mar 2008, 4:01 pm
The takeover, and the arrest of Premier U Nu, were said to have been designed to prevent imposition of a federal government in which members of the Shan minority would have some governmental power. [read post]
28 Feb 2008, 8:50 am
Supreme Court handed down its opinion in the case of Federal Express v. [read post]
23 Feb 2008, 7:54 pm
  Instead he adopted institutional isomorphism - the reiterated structures eg between federal and state governing structures. [read post]
21 Feb 2008, 6:38 am
Rowan, Comment, Solving the Bluish Collar Problem: An Analysis of the DOL's Modernization of the Exemptions to the Fair Labor Standards Act, 7 U. [read post]
11 Feb 2008, 4:30 pm
Cir. 2007), the Federal Circuit reaffirmed that "[u]nless the corporate structure is a sham, we have held that personal liability for inducement must be supported by personal culpability. ... [read post]