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19 Feb 2013, 2:23 pm by James H. Wilson, Jr.
No, a lump sum monetary award is properly enforced as a money judgment and not through the show cause process in Virginia, as explained in Brown v. [read post]
18 Nov 2017, 2:22 pm
One step his two sons took was to use their power of attorney to create a trust for their father and transfer his assets to themselves as trustees. [read post]
17 May 2008, 9:38 pm
Midkiff, 467 U.S. 229 (1984), where the Court held the police power and the public use clause are "coterminous," and Kelo v. [read post]
23 Oct 2019, 3:52 am
In short: no trade, no trademark.Two US Court of Appeals opinions have created the possibility that a plaintiff could bring a passing-off action based on use of its trademark outside of the United States only – a powerful new tool for challenging infringers that are first to use the trademark in the United StatesFollowing the Supreme Court’s 2014 decision in Lexmark International, Inc v Static Control Components, Inc (572 US ___, 134… [read post]
29 May 2012, 6:18 pm by Jonathan H. Adler
The theory of federal power necessary to uphold such a broad assertion of regulatory authority could likewise justify federal regulation of local land-use. [read post]
8 Apr 2008, 9:47 am
In an attempt to stop proposed development of downtown Brooklyn through, in part, the use of eminent domain, the plaintiffs in Goldstein v Pataki claimed that the use of that power, which they claimed, was not for a public purpose and hence violated the Public Use clause of the Fifth Amendment.The District Court dismissed the action, and the Second Circuit, based on the Supreme Court's decision in Kelo v. [read post]
22 Mar 2022, 4:00 am by Catherine Morris
Donziger is an extension of the civil RICO case of Chevron Corp. v. [read post]
25 Apr 2024, 7:57 am by Dan Farber
However, that would largely be a symbolic move because Biden would use his veto power to protect the regulations. [read post]
18 Jun 2023, 9:00 pm by Michael C. Dorf
Congress did just that in the Ethics in Government Act, but SCOTUS upheld the independent counsel in Morrison v. [read post]
20 Feb 2015, 12:54 am by rhapsodyinbooks
On this day in history, US Supreme Court Chief Justice John Marshall, writing for a unanimous Court, ruled in United States v. [read post]
24 May 2020, 5:34 am by Nicholas Mosvick
Davis, the Court upheld the Act as a proper use of the spending power. [read post]
15 Jan 2021, 12:09 pm by John Graubert and Laura Kim
On Wednesday, January 13, the Supreme Court heard arguments in AMG Capital Management LLC v. [read post]
25 Apr 2020, 5:33 am by Matthew Waxman, Samuel Weitzman
Every student of national security law knows about Youngstown Sheet & Tube Co. v. [read post]