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27 Jun 2023, 9:01 pm
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
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]
20 Jun 2023, 6:07 am
Acuff-Rose Music, Inc., 510 U.S. 569 (1994). [read post]
20 Jun 2023, 5:00 am
U.S. [read post]
19 Jun 2023, 5:26 am
Theo-Ben Gurirab argues that “the African art that has found its way into galleries of former European colonial powers and the homes of the rich has deep cultural significance […]. [read post]
29 May 2023, 7:15 am
Warhol Foundation v. [read post]
26 May 2023, 6:30 am
Cheffins and Bobby V. [read post]
26 May 2023, 6:30 am
Cheffins and Bobby V. [read post]
19 May 2023, 11:30 am
Goldsmith, 598 U.S. ___ (2023) [read post]
14 May 2023, 9:00 pm
Thus, with the U.S. rapidly approaching the arbitrary debt ceiling that House Republicans are threatening not to increase unless Senate Democrats and President Joe Biden capitulate to their extreme ideological demands, commentators and the President himself have begun to take seriously various proposals for fully funding the government should those Republicans fail to act in time.We have long argued that should the clock strike midnight with no increase or suspension of the debt ceiling,… [read post]
11 May 2023, 2:32 am
”[8] This plunder disseminated worldwide, with thousands of artworks entering the collections of prominent cultural institutions in Europe and in the U.S.[9] Restituting art looted during the Holocaust not only returns stolen property to rightful owners but also restores cultural heritage and links to history for present generations. [read post]
10 May 2023, 9:30 pm
[All the Berman quotes in what follows are from Thinking Like an Economist: How Efficiency Replaced Equality in U.S. [read post]
2 May 2023, 7:23 am
From The Satanic Temple, Inc. v. [read post]
23 Apr 2023, 9:01 pm
Sam Rayburn and the U.S. [read post]
21 Apr 2023, 12:10 pm
Supreme Court, in one of its most historical decisions, Marbury v. [read post]
20 Apr 2023, 9:05 pm
Share buybacks have returned with a vengeance following the COVID-19 pandemic.[1] The average proportion of buybacks out of aggregate shareholder payouts in 2019-2021 was higher than the historical average during 2005-2019 in the U.S. and Europe.[2] These developments have attracted broad criticism from academics and policymakers, with many seeking to curb share buybacks to reduce the risks of insider trading, market manipulation, the harm to long-term shareholder value, and other… [read post]
20 Apr 2023, 9:01 pm
Colorado responds that the U.S. [read post]
11 Apr 2023, 4:55 pm
The U.S. [read post]
11 Apr 2023, 3:48 am
U.S. [read post]
10 Apr 2023, 11:32 am
In recent years, respect for the U.S. [read post]
