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14 Nov 2022, 4:56 am by Franklin C. McRoberts
In Benjamin v Koeppel (85 NY2d 549 [1995]), the Court ruled that an attorney was not disqualified from recovering legal fees because of failure to file a biennial registration statement, commenting that “courts are especially skeptical of efforts by clients or customers to use public policy as a sword for personal gain rather than a shield for the public good. [read post]
12 Nov 2022, 10:45 am by Guest Author
  Those Progressives saw the administrative state as the sword of social justice, particularly in the New Deal era. [read post]
1 Nov 2022, 10:23 am by David Kopel
On May 19, 2022, Cornell penned an article castigating in advance the Supreme Court for being likely to uphold the right to bear arms in the case New York State Rifle & Pistol Association v. [read post]
25 Oct 2022, 9:20 am by Brett Natarelli
The panel held that the CFPB’s insulation from congressional appropriations impermissibly granted the executive branch both “the sword,” i.e., the ability to use state power to coerce compliance with laws, and also “the purse,” i.e., the funding necessary to wield that sword. [read post]
19 Oct 2022, 6:30 am by Guest Blogger
              I do not find the sword vs. shield distinction persuasive here. [read post]
20 Aug 2022, 7:18 am by Jacob Katz Cogan
Copper Mesa, Contributory Fault and its AlternativesEsmé Shirlow & Kabir Duggal, The ILC Articles on State Responsibility in Investment Treaty ArbitrationPrabhash Ranjan, Cairn Energy v India: Continuity in the Use of ILC Articles on State ResponsibilitySarah Cassella, Unión Fenosa Gas v Egypt: The Necessity Defense: Much Ado about Nothing? [read post]
11 Aug 2022, 9:14 pm by Ben Allen
 § 851, however, continues, as shown in the Sixth Circuit's opinion in United States v. [read post]
13 Jul 2022, 8:12 am by Eric Goldman
Plaintiff attempts to use Section 230 as a sword on which his state-law abuse of process claim would be predicated. [read post]
27 Jun 2022, 6:05 pm by Mark Graber
That Thomas would overrule New York Times v. [read post]
25 Jun 2022, 6:58 am
 If you live by the sword you die by the sword. [read post]
14 Jun 2022, 4:42 am by Jonathan H. Adler
These three cases are not the first three instances in which Justices Barrett and Gorsuch have crossed swords. they disagreed last term in HollyFrontier Cheyenne Refining, LLC v. [read post]