Search for: "American Distilling Co. v. State Board of Equalization"
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29 Jan 2025, 6:00 am
In Franchise Tax Bd. of Cal. v Hyatt, the United States Supreme Court recognized that the text and structure of the Federal Constitution not only preserved States' pre-ratification sovereign immunity, but compelled absolute recognition of that immunity in other States' courts as a matter of "equal dignity and sovereignty" (587 US 230, 244-247 [2019] [hereinafter Hyatt III], overruling Nevada v Hall, 440 US 410… [read post]
29 Jan 2025, 6:00 am
In Franchise Tax Bd. of Cal. v Hyatt, the United States Supreme Court recognized that the text and structure of the Federal Constitution not only preserved States' pre-ratification sovereign immunity, but compelled absolute recognition of that immunity in other States' courts as a matter of "equal dignity and sovereignty" (587 US 230, 244-247 [2019] [hereinafter Hyatt III], overruling Nevada v Hall, 440 US 410… [read post]
17 Dec 2022, 4:40 am
The aforesaid Morgan case demonstrates that arbitration-favored policy has boundaries in the context of American law, taking the form of the equal treatment principle. [read post]
19 Sep 2018, 9:00 pm
Based on personal experience with the confirmation of William Rehnquist, and studying the confirmation of Clarence Thomas, it is clear there was an across-the-board failure to fully vet these nominees, and it haunted their careers on the Court, it hurt the Court, and the American people. [read post]
29 Oct 2013, 8:20 pm
For this class we will attempt to understand how it is that the ordinary courts of the American Republic could be vested with the authority to determine the legitimacy of the actions of either the co-equal branches of the federal government, or of the actions of inferior governmental units. [read post]