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From the shores of New York Harbor, a scuffle over port security and state sovereignty

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
New Jersey United States New York Hudson River Wikimedia Commons Ronald Mann

Justices lean toward split decision for suits challenging misleading securities registration statements

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
Justice Clarence Thomas Justice Elena Kagan Justice Brett Kavanaugh Kevin Russell Thomas Hungar Justice Neil Gorsuch

Justices validate New Jersey's decision to leave commission for Port of New York and New Jersey

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
New York United States New Jersey Ronald Mann Justice Brett Kavanaugh Supreme Court

Court approves early challenge to agency proceedings

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
Ronald Mann Justice Clarence Thomas Justice Neil Gorsuch Justice Elena Kagan Exchange Commission Free Enterprise Fund

Justices to review standing requirements for suits based on misleading securities registration statements

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
San Francisco United States Justice John Roberts Fiyyaz Pirani Ronald Mann Henry Friendly

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Court holds statute of limitations under Quiet Title Act is not a jurisdictional bar

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
United States Ronald Mann Justice John Roberts Justice Sotomayor William Hennessy Larry Wilkins

Justices appear sympathetic to Jack Daniel's in trademark parody dispute

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
William Hennessy Ketanji Brown Jackson Justice Alito Sonia Sotomayor Ronald Mann Justice Gorsuch

CFPB's Payday Lender Rules: Markets Exploit, Government Saves

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.
Ronald Mann Richard Cordray Consumer Financial Protection Bureau

US Supreme Court puts a stop to FTC extracting big bucks from crooks to refund victims

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...
United States Tim Muir Justice Breyer Scott Tucker Ronald Mann Commission On

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