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19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
19 Feb 2024, 6:30 am by Guest Blogger
Post also argues that the Taft court in its Prohibition jurisprudence, may have paradoxically opened the door to wider legitimacy of state building in the 1930s. [read post]
19 Feb 2024, 4:33 am by Daniel Schwartz
There aren’t a lot of cases on the statute either but there is a Superior Court case from 1996 (Blackwell v. [read post]
19 Feb 2024, 1:45 am by INFORRM
On 14 February 2024 there was a strike out/summary judgment application in the case of Chowdhury-v-Secretary of State for the Home Department KB-2023-003368. [read post]
19 Feb 2024, 1:07 am by Keaoleboga Molefe
In Minister of Agriculture v Bluelilliesbush Dairy Farming (270/07) [2008] ZASCA 60 (29 May 2008), the Supreme Court of Appeal considered compensation following an outbreak of bovine tuberculosis where 7 000 cattle were slaughtered by the State in terms of the Act. [read post]
If PMAC arbitral tribunals are prevented from seeking the correct interpretation of EU competition law from the CJEU, enforcement of PMAC arbitral awards may risk being refused on the ground of public policy – under Article V.2(b) of the New York Convention – every time EU competition law may have been infringed or misapplied. [read post]
18 Feb 2024, 5:29 pm by Franklin C. McRoberts
Under Gam, a corporate fiduciary’s “wrongful taking of [the entity]’s funds for his sole benefit” may constitute cause for judicial removal. [read post]
18 Feb 2024, 6:45 am by Chukwuma Okoli
Jurisdiction involves the exercise of state powers over litigants, and while implied choice of law may indicate a governing law, it does not necessarily imply submission to the jurisdiction of a specific court. [read post]
18 Feb 2024, 6:30 am by Guest Blogger
Quoting an article by Felix Frankfurter from 1916, and also citing Ernst Freund, Post states that Progressives had repudiated Lochner v. [read post]
17 Feb 2024, 6:30 am by Guest Blogger
Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]