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28 Jul 2014, 5:38 am
The Tucker Act serves as a waiver of sovereign immunity and a jurisdictional grant, but it does not create a substantive cause of action. [read post]
29 May 2014, 10:50 am by Guest Blogger
Despite “the difficulty & awkwardness of operating by force on the collective will of a State,” armed federal intervention in state affairs must be permitted.[4]During the Convention, on three different occasions, Madison tried to grant the federal government this absolute “negative” (what we now call a veto) over all state legislation. [read post]
6 May 2014, 4:56 am by Daniel E. Cummins
Tucker, 621 A.2d 108, 113 (1993)[emphasis in original]. [read post]
7 Feb 2014, 2:14 pm
The New York State courts have departed from the second prong of Strictland, adopting a rule somewhat more favorable to defendants as in People v Turner. [read post]
20 Jan 2014, 2:56 pm by Ben Rubin
 Both sides agree that:  (i) the City leased the airport property to the United States in 1941 to support the war effort, (ii) the United States made substantial improvements to the property, (iii) the United States terminated the lease in 1948, (iv) the 1948 instrument terminating the lease contained a reversionary clause, and (v) the reversionary clause is triggered if any property that was transferred by the instrument is "used, leased, sold,… [read post]