Search for: "ALLES v. INTERSTATE POWER CO."
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2 Dec 2020, 2:45 am
QUARTET: MCNALLY, SKILLING, MCDONNELL, AND KELLY The federal wire fraud statute[v] prohibits the use of the interstate “wires” to further a “scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises. [read post]
23 Nov 2020, 9:01 pm
For example, in Winston v. [read post]
10 Nov 2020, 3:00 am
The case and the Court’s summary is as follows: County of Butte v. [read post]
9 Nov 2020, 9:01 pm
Five Justices in 2012 thought that Congress lacked the authority to impose a purchase mandate under its power to regulate interstate commerce, but a different five Justices (with Chief Justice Roberts providing the swing vote) said that the mandate was nonetheless valid as a conditional exercise of the power to tax. [read post]
9 Oct 2020, 6:30 am
One involves their discussion of the National Popular Vote Interstate Compact (NPVIC), which is a specific application of the more general concept of a National Popular Vote (NPV] replacing the constitutional electoral vote. [read post]
1 Oct 2020, 9:01 pm
At the very least, don’t the expressed views of five Justices that these powers are insufficient create something that is, as fellow Verdict columnist Mike Dorf put it in an amicus brief co-authored with Marty Lederman, “for all practical purposes precedential”? [read post]
30 Aug 2020, 10:28 pm
In McKeon v. [read post]
8 Jun 2020, 10:13 am
Rather than describing the exchange of a specific envelope of cash, the silica MDL opinion described an ongoing course of corrupt remuneration paid to medical professionals who were all too willing to bend their opinions and subvert medical standards. [read post]
29 May 2020, 3:00 am
United States v. [read post]
20 May 2020, 9:01 pm
In New Energy Company Co. v. [read post]
14 May 2020, 12:09 pm
See U.S. v. [read post]
12 May 2020, 3:58 pm
Once you're in the interstate commerce and [Congress] can regulate it, pretty much all bets are off . . . . [read post]
11 May 2020, 9:01 pm
Last week, the Supreme Court unanimously reversed their convictions.Writing for the Court in Kelly v. [read post]
22 Apr 2020, 2:46 am
—reveal more of an individual's life and associations than does an ALPR trained on an interstate highway. [read post]
15 Apr 2020, 9:59 am
This is the old problem of how to have decentralized regulation of what's in a state when there is interstate commerce and travel and the states all affect each other. [read post]
7 Apr 2020, 10:37 pm
Regina Metropolitan Co. v. [read post]
24 Mar 2020, 2:16 pm
The Supreme Court famously struck down that action as an unconstitutional usurpation of the authority of Congress, notwithstanding the exigency, in Youngstown Sheet & Tube Co. v. [read post]
18 Mar 2020, 3:46 pm
Co. v. [read post]
7 Feb 2020, 6:22 am
When the scope of the interstate commerce authority expanded during World War II, with the Supreme Court’s 1942 Wickard v. [read post]
20 Dec 2019, 11:59 am
While in theory, Congress could preempt all state regulation on matters substantially affecting interstate commerce, in practice preemption remains the exception rather than the rule.Late eighteenth and early nineteenth century legal thinkers were very confused about the idea of concurrent powers. [read post]