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19 Jul 2019, 8:16 am by Ingrid Wuerth
As John Marshall explained in 1800, to have a “case” there “must be parties to come into court, who can be reached by its process. [read post]
19 Jul 2019, 3:00 am by Jim Sedor
In the late 1990s, his clients included a Russian front group, the government of the Marshall Islands, and a trade association fighting against the minimum wage in a U.S. commonwealth. [read post]
12 Jul 2019, 6:17 am
Posted by Ric Marshall, MSCI Inc., on Friday, July 5, 2019 Tags: Boards of Directors, Controlling shareholders, Dual-class stock, ESG, Institutional Investors, Lyft, Shareholder voting, Uber Director Independence and Oversight Obligation in Marchand v. [read post]
8 Jul 2019, 9:01 pm by Samuel Estreicher
Review for pretext seems an ideal solution for this procedural gap in U.S. administrative law but in fact offers a cure worse than the decision.The first point is that it is not clear that courts have authority to review for “pretext. [read post]
2 Jul 2019, 5:38 am by John Mikhail
” (247 U.S. at 275, emphasis added) Justice Day’s insertion of the word “expressly” in his paraphrase of the Tenth Amendment was an egregious case of constitutional infidelity. [read post]
30 Jun 2019, 6:30 am by Sandy Levinson
Larry Lessig is clearly one of the most interesting and imaginative scholars within the legal academy, and he has written a book that fully vindicates the enthusiastic blurbs it receives (from myself, as well as others). [read post]
28 Jun 2019, 6:30 am by JB
To paraphrase John Marshall, Lessig seems to be saying that “It is emphatically the province and duty of the judicial department to say what the social meaning is. [read post]
27 Jun 2019, 3:53 pm by Mark Walsh
That includes the chief justice, who evidently was scheduled to speak today at the judicial conference of the U.S. [read post]