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23 Mar 2009, 9:07 pm
District Court focused mainly on what Congress meant nearly eight years ago in its first response to the 9/11 terrorist attacks, and on what the Supreme Court meant in 2004 in  its first ruling in a  modern detention case (Hamdi v. [read post]
17 Jul 2019, 10:55 am by Pamela S. Karlan
United States: “Let me ask you this question: If we conclude there is a hole in the statute that Congress has to amend, is it more likely that Congress will cure the statute if we rule for you or if we rule against you? [read post]
20 Jul 2021, 9:01 am by Peter S. Lubin and Patrick Austermuehle
As the Court noted, Congress expressly stated that “the court” was tasked with deciding certain issues in Sections 502, 503, 504(c), and 505 but omitted the phrase from Section 504(b). [read post]
15 Feb 2014, 11:18 am
” This statute, like the ones enacted in other states, was interpreted as to allow Medicaid to assert a lien on a recovery up to the amount, regardless of the amount of the recovery which is properly allocable to Medicaid (see, e.g., Baker v. [read post]
29 Jun 2012, 5:40 am by Dan Ernst
Filburn (1942) and United States v. [read post]
5 Nov 2011, 4:06 pm by Josh Sturtevant
While readers might think that the idea that the military using cyber warfare against the US population is alarmist, we would remind them that kill-switch legislation is never far from debate in the halls of congress. [read post]
19 Jan 2009, 7:17 pm
" When Joe and Jane Sixpack (and their elected representatives) are looking for scapegoats, national banks will do just fine.As I said in October 2005, I think the states will continue to lose on these issues "unless Congress changes the law. [read post]
23 Feb 2012, 6:00 am by David Fine
Such communications must use the “magic words” articulated by the United States Supreme Court in Buckley v. [read post]
10 Dec 2006, 5:10 pm
On Monday, December 4, 2006, Judge Joanna Seybert adopted in part the Report and Recommendation of Magistrate Judge Tracy Tomlinson issued only days earlier on November 30 in RX USA Wholesale v. [read post]
13 Mar 2023, 6:00 am by Public Employment Law Press
Finding that the City failed to demonstrate by clear and convincing evidence that the arbitration award should be vacated on the grounds that [1] it was irrational; [2]  exhibited a manifest disregard of the law; [3] that the arbitrator had engaged in misconduct or [4] that the award violated public policy, held that Supreme Court had properly granted Union's petition to confirm the arbitration award and had properly denied the City's cross-motion to vacate the award. * See Matter of… [read post]
13 Mar 2023, 6:00 am by Public Employment Law Press
Finding that the City failed to demonstrate by clear and convincing evidence that the arbitration award should be vacated on the grounds that [1] it was irrational; [2]  exhibited a manifest disregard of the law; [3] that the arbitrator had engaged in misconduct or [4] that the award violated public policy, held that Supreme Court had properly granted Union's petition to confirm the arbitration award and had properly denied the City's cross-motion to vacate the award. * See Matter of… [read post]