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22 Apr 2014, 9:05 pm by Walter Olson
" — Walter Olson (@walterolson) April 22, 2014 Scalia: Hunter-Seattle case line also clashes with Holt Civic Club line of SCOTUS cases letting states decentralize power as they please — Walter Olson (@walterolson) April 22, 2014 What was the Coalition to Defend Affirmative Action thinking? [read post]
20 Jun 2011, 7:00 am by Jasper Ozbirn
Finally, Part V will provide a brief Conclusion. [read post]
18 Mar 2025, 10:05 am by JB
This collective action problem keeps the largest platforms rich and powerful, and helps them maintain their power over public discussion and politics.In my recent article on Moody v. [read post]
15 Jul 2007, 5:57 am
It's an obligation when they take that oath to faithfully uphold and defend the Constitution of the United States. . . . [read post]
20 Apr 2011, 11:46 am by Jonathan H. Adler
Adler) Last night I reviewed the transcript of the oral argument in American Electric Power v. [read post]
9 Jan 2019, 2:33 pm by Richard M. Re
Chemerinsky responded that there is in fact a power disparity between the states and that the problem does not actually arise with great frequency. [read post]
8 Aug 2017, 1:27 pm by Sean Toomey
Earlier this year there was hope in the food and drug industries that the Supreme Court would revisit and possibly revise the Responsible Corporate Officer Doctrine, also known as the Park Doctrine, by granting certiorari to the Eighth Circuit’s decision in United States v. [read post]
22 Jan 2010, 3:50 pm by Joshua L Sturtevant
After years of first ignoring the justiciability of districting questions based on Guaranty Clause concerns, then comparatively overreaching its powers using a [read post]
5 Feb 2012, 11:55 am by Benjamin Wittes
Department of State, has the following analysis of the International Court of Justice’s decision Friday in Jurisdictional Immunities of the State (Germany v. [read post]
5 Jul 2022, 1:16 pm by Derek P. Hartman
In a 5-4 decision, the United States Supreme Court held state agencies are not immune from claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the case Torres v. [read post]
22 Aug 2012, 8:29 am by Allison C. Smith
Circuit Court of Appeals issued a decision in EME Homer City Generation, L.P. v. [read post]
21 Jan 2020, 9:01 pm by Michael C. Dorf
Just as one might think that Congress cannot impose deadlines (except in the text of an amendment itself) because the Article V process says nothing about deadlines, so one might conclude that states may not rescind a prior ratification because the Article V process gives them only one power: to ratify. [read post]
24 Nov 2012, 7:14 am by Allard Knook
For advantages to be capable of being categorised as aid within the meaning of that Article , they must, first, be granted directly or indirectly through State resources, and, second, be imputable to the State (Case C‑303/88 Italy v Commission [1991]; Case C‑482/99 France v Commission [2002]; Case C-126/01 GEMO [2003]).The Court furthermore held that it followed from the wording of Art. 87(1) EC that only advantages granted directly or indirectly… [read post]