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21 Sep 2009, 5:00 pm
Introduction In Part IVA (here) we considered whether the question in Stolt-Nielsen was one for the court or the arbitrators to decide, and predicted that at least five Justices of the United States Supreme Court will hold that the court must decide it. [read post]
15 Sep 2008, 2:00 am
United States, 389 U.S. 347, 350 (1967), Boyd v. [read post]
16 Jul 2018, 3:37 pm by Anthony B. Cavender and Amy L. Pierce
Dep’t of Defense, holding that the plain language of the CWA requires the appeal of the Environmental Protection Agency’s (EPA) redefinition of “waters of the United States” (WOTUS Rule) must be heard first in the federal district courts. [read post]
7 May 2017, 9:30 pm by Richard J. Pierce, Jr.
The Supreme Court put a halt to that absurd practice in its opinion in United States v. [read post]
23 Apr 2018, 1:20 am by Kevin LaCroix
Supreme Court issued its unanimous decision in Cyan, Inc. v. [read post]
23 Jan 2014, 10:39 am by Mary Jane Wilmoth
RobbinsCase number: 13-cv-06694 (United States District Court for the Southern District of New York)Case filed: September 23, 2013Qualifying Judgment/Order: November 27, 2013 01/17/2014 04/17/2014 2013-125 SEC v. [read post]
19 Mar 2018, 1:24 pm by Lauren Lynch Flick and Amy Pierce
By Lauren Lynch Flick and Amy Pierce This past Friday, the US Court of Appeals for the District of Columbia Circuit released its long-awaited decision in ACA International et al. v. [read post]
21 Dec 2023, 9:06 pm by Bryn Hines
Pierce explained that in 1983, the Supreme Court’s MVMA v. [read post]
28 Jan 2014, 3:36 pm by Marty Lederman
”  As I explained in an earlier post, Congress intended RFRA to incorporate by reference the Supreme Court’s Free Exercise Clause jurisprudence from the era preceding Employment Division v. [read post]
6 Jun 2014, 11:02 am by Kevin M. Mazza, Esq.
The First Amendment of the United States Constitution guarantees certain freedoms, including the “freedom of speech”. [read post]
20 Mar 2013, 7:00 am by Robert Brammer
In a unanimous decision, the United States Supreme Court held that in order for a public official to prevail in such a suit, it was not enough to show that the statement in question contained some inaccuracies. [read post]
10 Jun 2008, 2:02 pm
Mukasey, No. 06-2477 "In order to establish eligibility for relief based exclusively on activities undertaken after his arrival in the United States, an alien must make some showing that authorities in his country of nationality are: 1) aware of his activities; or 2) likely to become aware of his activities. [read post]
18 Feb 2025, 9:06 pm by Richard J. Pierce, Jr.
In its 2023 decision in Students for Fair Admissions v. [read post]