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22 Apr 2018, 1:30 pm by Marty Lederman
Ct. 2080, 2087 (2017) (the purpose of interim equitable relief “is not to conclusively determine the rights of the parties, but to balance the equities as the litigation moves forward,” and in awarding a preliminary injunction “a court must also “conside[r] ... the overall public interest”).Third, opponents argue that even if courts have jurisdiction to award such relief, they should be deeply reluctant to do so for various equitable reasons,… [read post]
17 Apr 2018, 11:03 pm by Glen C. Hansen
Johns River Water Management District, 133 S.Ct. 2586 (2013), the Court held that the Nollan/Dolan test applies to a government’s demand for a monetary exaction imposed on a land-use permit applicant on an ad hoc, adjudicative basis. [read post]
17 Apr 2018, 7:21 am by Eugene Volokh
Without an assurance that the laws supply fair notice, so much else of the Constitution risks becoming only a "parchment barrie[r]" against arbitrary power. [read post]
15 Apr 2018, 9:01 pm by Dan Flynn
From the limited perspective of some of their public actions, it appears that Rottenberg and Kiecker are taking a page from World War II Admiral Chester Nimitz, who was famous for saying: “When you’re in command, COMMAND!! [read post]
27 Mar 2018, 5:02 pm by Wolfgang Demino
Plaintiff applied and was approved for three "Law Access" loans between 2000 and 2002 (the "Access Loans"), one loan for each year she attended law school. [read post]
6 Mar 2018, 10:00 am by David Kris
I did not try to make the case that law enforcement is the only, or even necessarily the best, way of combating terrorism. [read post]
6 Mar 2018, 8:01 am by Nate Nead
In February and April, Japan issued laws requiring cryptocurrencies to register with the financial services agency – a step towards the legalization of cryptocurrencies. [read post]
4 Mar 2018, 9:01 pm by Joseph Margulies
In fact, we consider it a moral failing on the part of President John F. [read post]
22 Feb 2018, 4:12 am by Edith Roberts
” At The Employment Law Group, R. [read post]
18 Feb 2018, 7:45 pm by Barry Sookman
While their operations are global, they often seek, as in this case, to have only the laws of the U.S. apply to their businesses.[8] They want all the benefits of carrying on business in Canada and around the world, but want to insulate themselves from liability under local laws. [read post]
14 Feb 2018, 2:57 pm by Kevin LaCroix
According to the Court, disgorgement (i) is imposed as a consequence for violating public laws, (ii) is imposed for punitive purposes, and (iii) in many cases, is not compensatory. [read post]