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April 20, 2023
Seventy years ago, New York and New Jersey teamed up to fight corruption at the docks serving New York Harbor. Using an interstate compact, they created a waterfront commission with police power. That commission sharply reduced the influence of organized crime on both sides of the Hudson River, but
April 18, 2023
Monday’s arguments in Slack Technologies v. Pirani suggest a court leaning toward a split decision, rejecting liability under only one of the two securities-law statutes at issue in the case. Slack Technologies asks the court to apply two provisions of the Securities Act of 1933 to a relatively ne
April 18, 2023
Occasionally – not all that often, but sometimes – the Supreme Court faces a really easy case with an obvious answer. New York v New Jersey is one of those cases. Most cases that come to the court bring decent legal arguments on both sides, because most of the cases the court takes are cases in whic
April 15, 2023
To the surprise of few informed observers, Friday’s decision in Axon Enterprise v. Federal Trade Commission confirmed a new avenue for pre-enforcement challenges to the administrative proceedings of federal agencies. Traditionally, when an agency institutes an administrative proceeding, the defendan
April 13, 2023
Monday’s arguments in Slack Technologies v. Pirani present a stark contrast between text and policy arguments under the federal securities laws. Although Slack Technologies is pretty simple as securities cases go, a bit of background is useful. In response to the catastrophic stock-market declines
March 29, 2023
Tuesday’s decision in Wilkins v. United States broke no new ground, as it followed a steady line of cases applying a rule under which time limits in federal statutes do not create jurisdictional bars unless the statute makes that intent clear. This particular case arises under the federal Quiet Titl
March 23, 2023
As expected, Wednesday’s argument in Jack Daniel's Properties v VIP Products showcased the justices grappling with line-drawing. At issue in the case was how First Amendment trademark principles should apply to a dog toy that pokes fun at Jack Daniel’s whiskey – a toy the size and shape of a Jack Da
March 22, 2023
Independent News and Analysis on the U.S. Supreme Court
December 12, 2022
Radical change may soon come to the short-term lending business. And we’re not talking about the good kind of change. New rules proposed by the Consumer Financial Protection Bureau (CFPB) are bad news for consumers, those who work for short-term lenders, and the people who supply the capital to make these loans.
April 24, 2021
Oops, watchdog doesnt actually have the power to do so, panel unanimously point out Katyanna Quach Fri 23 Apr 2021 // 22:52 UTC Share Copy The US governments consumer watchdog cannot force scammers to return the money they cheated out of their victims, the Supreme Court declared unanimously this week. All nine justices on America’s highest court ruled [PDF] against the Federal Trade Commission on Thursday and, instead, sided with payday loan firm AMG Capital Management...