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28 Jun 2023, 3:42 am by Matthew L.M. Fletcher
Through a critical examination of these decisions, I show how the Supreme Court over the last half century has systematically privileged state interests and the interests of individual non-Indians over tribal interests and that, in so doing, the Court has arrogated to itself the political function of defining tribal sovereignty. [read post]
28 Jun 2023, 1:17 am by Jon L. Gelman
Judges of Compensation will need to review each factual situation on a case-by-case basis to determine the prohibitions and entitlements of the DME so that the power balance is equalized in this pre-trial discovery procedure.DiFIORE v. [read post]
27 Jun 2023, 9:01 pm by renholding
Congress has been very clear in the federal securities laws when it intends to preempt state law, such as in the National Securities Markets Improvement Act[44] or the Jumpstart Our Business Startups Act.[45] Indeed, such a broad claim of Commission authority might raise issues under the major questions doctrine discussed in West Virginia v. [read post]
27 Jun 2023, 6:18 pm by Tom Smith
So state court election rulings will be subject to U.S. [read post]
27 Jun 2023, 5:56 pm by Levin Papantonio
At the same time, he shares his perspective on why the PFAS problem went unchecked and unreported for so long. [read post]
27 Jun 2023, 3:17 pm by Stacie Rosenzweig
We’ve missed a few things while I was gone:The judge in the Mata v. [read post]
27 Jun 2023, 9:34 am by Michael C. Dorf
In so doing, the Court avoids a rather serious charge of bait and switch. [read post]