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7 Sep 2023, 9:44 am by Gene Takagi
Alexis de Tocqueville, Of the Use Which Americans Make of Public Associations and Civic Life, Section 2, Chapter V in Democracy in America, Volume II (1840). [read post]
24 Aug 2023, 7:04 pm by Stephen Halbrook
"The Government … points to laws in several colonies and states that disarmed classes of people considered to be dangerous, specifically including … slaves," noted the Fifth Circuit in U.S. v. [read post]
24 Aug 2023, 8:58 am by Michael C. Dorf
True, Jackson opposed the bank on policy grounds, but he also denied that the Supreme Court decision in McCulloch 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]
25 Jun 2023, 5:55 pm by Aaron Moss
A screenwriter might be able to argue that the employer-employee relationship set forth in a loan-out arrangement, while sufficient to satisfy the tax code, doesn’t satisfy the multi-factor agency test used by the U.S. [read post]