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13 Apr 2012, 4:12 am by Broc Romanek
In his "D&O Diary" Blog, Kevin LaCroix provides some analysis of the study, which considers possible alternative approaches to the question of cross-border private securities litigation and provides a detailed overview of the ways in which the lower courts have been approaching these issues in the wake of the Supreme Court's decision in the Morrison v. [read post]
11 Apr 2012, 12:47 pm by Edward A. Fallone
My response to that is to quote Justice Holmes in Lochner v. [read post]
10 Apr 2012, 11:07 am by Brandon Kain
First, the approach taken in Canadian Solar stands in sharp contrast to the one taken by the United States Supreme Court in Morrison v. [read post]
4 Apr 2012, 4:15 am by Louis M. Solomon
Torre — German Discovery Rejected; Many Claims Dismissed Under Morrison (0) Rare FCPA Criminal Conviction Affirmed on Appeal (0) Ninth Circuit Refuses To Permit Case Involving Peppercorns and Trochus Buttons To Proceed Against the Sovereign State of Pohnpei (0) Morrison v. [read post]
3 Apr 2012, 12:46 am
Ever since the US Supreme Court ruled in Morrison et al v National Australia Bank Ltd et al that claimants not residing in the United States or American citizens who purchased shares on a foreign exchange can’t settle or litigate their case in the US, these parties have been seeking other jurisdictions to get their claims resolved. [read post]
2 Apr 2012, 7:07 am by Marty Lederman
Over at the Volokh Conspiracy, my colleague Randy Barnett, who's representing the private plaintiffs in the ACA case, has written a post focusing upon Justice Kennedy's expressed concern that in order for the Court to uphold section 5000A of the ACA, it might have to issue what Randy calls an "unbounded" opinion, one that would permit Congress to require the purchase of virtually any product--an outcome that Justice Kennedy fears would “change the relationship of the… [read post]
30 Mar 2012, 8:25 am
To be sure, during the oral argument, Justice Breyer may have undermined the effectiveness of his hypo by appearing to agree with Michael Carvin (for the NFIB) that the argument for federal power in the inoculation case is of a piece with the argument for federal power in United States v. [read post]
29 Mar 2012, 11:53 am by Nathan Cortez
(Justice Breyer’s colloquy with Paul Clement, counsel for the state plaintiffs, invoking McCulloch v. [read post]
29 Mar 2012, 1:47 am by David Kopel
Ordering New York State to take title to low-level radioactive waste generated within the state (New York v. [read post]