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27 Aug 2020, 1:04 pm by Kevin LaCroix
U.S. corporate boards that have not already done so would be well served to address the subject of stockholder-aligned interests, including those, if any, on which they should focus (see Principle 6 below), how they should design their ongoing oversight function and how they should communicate the operation of the board’s oversight role. [read post]
17 Aug 2020, 8:40 am by Randy E. Barnett
City of New London and the Limits of Eminent Domain (2015) 2015: Damon Root, Over Ruled: The Long War for the Control of the U.S. [read post]
11 Aug 2020, 9:55 pm by Kevin Kaufman
For instance, if the U.S. were to apply a 21 percent minimum tax rate, and a company had a foreign effective tax rate of 5 percent, the U.S. would be able to tax the difference between the 5 percent and 21 percent rates to collect the “tax deficit. [read post]
10 Aug 2020, 11:34 am by Steve Gottlieb
— This commentary was scheduled for broadcast on WAMC Northeast Report on August 11, 2020. [1] https://www.npr.org/2020/06/27/884213464/dc-statue-of-lincoln-standing-over-a-formerly-enslaved-man-sparks-controversy [2] United States v Cruikshank, 92 U.S. 542 (1875). [3] I don’t know if Goldman ever wrote up his lecture but here’s a link to someone else’s reconstruction,… [read post]
10 Aug 2020, 5:06 am by James Romoser
Montana Department of Revenue, highlighting a ruling last week from the U.S. [read post]
5 Aug 2020, 2:52 pm by Ben Berwick, Rachel Homer
This scenario—high-ranking officials wielding the immense power of the U.S. government without being subject to the advice and consent of the Senate—is exactly what the Founders sought to avoid when they included the Appointments Clause in the Constitution. [read post]
27 Jul 2020, 12:47 pm by ernst
Supreme Court's recent Eighth Amendment decision in Bucklew v. [read post]
19 Jul 2020, 4:30 pm by Dennis Crouch
  See Booker, 543 U.S. at 268 (“we must apply . . . our remedial interpretation of the Sentencing Act – to all cases on direct review”) (citing Reynoldsville, 514 U.S. at 752; Harper v. [read post]
18 Jul 2020, 4:57 pm
This announcement was merely China’s latest salvo in a series of actions that have increasingly denied autonomy and freedoms that China promised to the people of Hong Kong under the 1984 Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong (Joint Declaration). [read post]
17 Jul 2020, 8:31 am by Kenneth Propp, Peter Swire
From Edward Snowden to Luxembourg The case, Data Protection Commissioner v. [read post]
16 Jul 2020, 9:01 pm by Vikram David Amar
In Part One of this series, I explained why last week’s opinions in Chiafalo v. [read post]
16 Jul 2020, 12:58 pm by Peter Margulies
U.S. asylum officers are in the main dedicated and capable, but judicial review of asylum decisions at the U.S. border is exceedingly limited—limits that the Supreme Court upheld on June 25 in Department of Homeland Security v. [read post]
14 Jul 2020, 3:00 am by James Romoser
” Writing for the U.S. [read post]