Search for: "Sword v. Sword"
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12 Dec 2022, 6:00 am
Many liberal and progressive critics have condemned Dobbs v. [read post]
30 Nov 2022, 4:30 am
Back in 2012, it was crystal clear (to me anyway) that Justice Kagan should recuse herself from the important Obama Care case NFIB v. [read post]
27 Nov 2022, 3:06 pm
” In Community Financial Services v. [read post]
24 Nov 2022, 3:03 am
Despite lacking both the sword or the purse, the Court has prevailed throughout our history. [read post]
20 Nov 2022, 9:55 am
Cockrum v. [read post]
20 Nov 2022, 9:53 am
Supreme Court affirmed in New York State Rifle and Pistol Association v. [read post]
Legal Intelligencer: Circuit Split on Materiality Standard in FCA Cases and Choosing the Right Venue
15 Nov 2022, 2:02 pm
See Rose v. [read post]
14 Nov 2022, 9:01 pm
Trump v. [read post]
14 Nov 2022, 4:56 am
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
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
Part V addresses Miller and Tucker's claim that the American Founders were unfamiliar with dramatic technological changes in firearms — a claim that is refuted by Dupuy's data. [read post]
1 Nov 2022, 4:00 am
McLellan v Birbilis In McLellan v Birbilis, 2021 ONSC 7084, Justice Nicole Tellier debunked (again!) [read post]
25 Oct 2022, 9:20 am
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]
21 Oct 2022, 11:33 am
But the concept of "dual insulation" plays a big role in the Fifth Circuit’s decision in Community Financial Services Association of America, Ltd. v. [read post]
21 Oct 2022, 9:40 am
While other courts did not find the CFPB’s funding mechanism combined with its broad authority over consumer financial services constitutionally objectionable (e.g., PHH Corp. v. [read post]
21 Oct 2022, 5:01 am
See Snyder v. [read post]
21 Oct 2022, 4:31 am
Cherepanov v. [read post]
19 Oct 2022, 6:30 am
I do not find the sword vs. shield distinction persuasive here. [read post]
7 Oct 2022, 7:06 pm
Lize Glas & Jasper Krommendijk, A Strasbourg Story of Swords and Shields: National Courts’ Motives to Request an Advisory Opinion from the ECtHR Under Protocol 16 Jeremy Letwin, A Utilitarian Account of Article 3 echr Sarah Ganty, The Double-Edged ECtHR Lăcătuş Judgment on Criminalisation of Begging: Da Mihi Elimo Sinam Propter Amorem Dei [read post]
5 Oct 2022, 7:28 am
Equity does not support parties' strategic use of litigant anonymity as both sword and shield…. [read post]
