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27 Mar 2024, 3:39 pm by Guest Author
A failure to enforce this principle infringes the sovereignty of the states and the people–an unconstitutional as well as anti-constitutional outcome.[1] This essay examines the origins of this principle and argues that the accumulation of power by corporations and agencies in the modern era requires the rediscovery and application of the principle’s provisions. [read post]
13 Feb 2024, 9:05 pm by renholding
  Recognition of this may, perhaps, have led a Trump appointee to give a “major questions” argument the back of his hand in a footnote en route to upholding the Department of Labor’s revision to what factors pension fiduciaries could consider.[7]  A much narrower approach to “major questions” was also taken in a securities law decision by Judge Jed Rakoff in the Southern District of New York, where he rejected the idea that the size of the crypto industry was… [read post]
15 Dec 2023, 12:17 pm by Josh Blackman
At the Jan. 8 conference, the three liberals — Justices Breyer, Elena Kagan and Sonia Sotomayor — and the chief justice opposed hearing the case. [read post]
18 Oct 2023, 8:00 am by Eric Segall
It cannot be debated that at this moment in history, talented and careful law professors, some of whom are also serious historians, disagree vehemently on the answers to the many questions surrounding the application of Section 3 to Donald J. [read post]
16 Sep 2023, 5:00 am by Ronald V. Miller, Jr.
I think I have a good handle on the settlement value of ankle fracture cases. [read post]
27 Aug 2023, 3:56 pm by Andrew Warren
But courts have also identified a need to protect states’ authority and interests by limiting removal to situations in which a federal defense is applicable, hence, an additional requirement for removal. [read post]
13 Jul 2023, 4:31 am by Norman L. Eisen
When Pence refused, Trump went to his last resort: triggering an insurrection in the hope that it would throw Congress off course, delaying the transfer of power for the first time in American history. [read post]
4 Apr 2023, 9:33 pm by Anna Bower, Benjamin Wittes
Judge Juan Merchan of the Supreme Court of New York opens the hearing by asking both the government and counsel for former President Donald J. [read post]
27 Mar 2023, 9:01 pm by renholding
Although the number of securities lawsuits filed this year remained steady compared to 2021, we have seen many notable developments in securities law. [read post]
30 Dec 2022, 5:00 am
The new amendments also provide that a trial court judge is no longer able to prohibit juror note taking in trials of less than two days’ duration.On July 1, another notable rule change went into effect, this one applicable to appeals from courthouse arbitrations. [read post]
20 Nov 2022, 9:55 am by David Kopel
Michigan J. of Law Reform 175 (2013) (with Clayton Cramer and Joseph Olson). [read post]
29 Sep 2022, 6:29 am by Ryan Goodman
Undated Trump’s direct knowledge of documents: “Several of the documents [retrieved by the Archives on Jan. 18, 2022] also contained what appears to be FPOTUS’s handwritten notes. [read post]