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Articles 1 - 6 of 6
Full-Text Articles in Law
Administrative Law Judges And The Erosion Of The Administrative State: Why Jarkesy May Be The Straw That Breaks The Camel's Back, Nicholas D'Addio
Administrative Law Judges And The Erosion Of The Administrative State: Why Jarkesy May Be The Straw That Breaks The Camel's Back, Nicholas D'Addio
Catholic University Law Review
The Trump-era unitary executive movement sought to expand presidential
power and shrink the influence of the administrative state through deregulation.
This movement ripples into the present moment, as Trump’s overhaul of the
federal judiciary installed a comprehensive system to delegitimize
administrative agency action— a system that is certain to endure. The
independence and role of administrative law judges (ALJs) has proven a key
target of the movement. Most recently, in the 2022 case of Jarkesy v. Securities
and Exchange Commission, the Fifth Circuit held that the dual-tiered for-cause
removal protections of SEC ALJs violated the Take Care Clause of Article …
The Essentially-At-Home Requirement For General Jurisdiction: Some Embarrassing Cases, David Crump
The Essentially-At-Home Requirement For General Jurisdiction: Some Embarrassing Cases, David Crump
Catholic University Law Review
In Daimler AG v. Baumann, the Supreme Court held that general jurisdiction does not exist unless the defendant is “essentially at home” in the forum. It offered two examples of places fitting this description but gave little further guidance or justification. A metaphor, such as essentially at home, is a bad way to express a legal standards, because the essence of a metaphor is that it substitutes one reality for another, creating a deliberate confusion. The Court also equated general jurisdiction with what it called all-purpose jurisdiction, which is wrong because it is easy to pose cases in which general …
Practical Truth: The Value Of Apparent Honesty In Supreme Court Opinions, Timothy C. Macdonnell
Practical Truth: The Value Of Apparent Honesty In Supreme Court Opinions, Timothy C. Macdonnell
Catholic University Law Review
The focus of this Essay is on the importance that apparent honesty has on the persuasive force of Supreme Court opinions. Legal scholars and Supreme Court Justices have observed the connection between the Court’s legitimacy and the persuasive force of its opinions. Because the Court’s opinions are both an exercise of the Court’s power and the justification for that power, the Justices’ opinions must be persuasive.
The study of rhetoric has long recognized three methods of persuading an audience of the correctness of a particular view. Those methods are appeals to logic, credibility, and emotion. Of theses three methods, I …
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski
A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski
Catholic University Law Review
No abstract provided.
May A Foreign Plaintiff Sue A Foreign Defendant For Conduct Outside The U.S. That Caused Antitrust Injury Outside The U.S.?, Antonio F. Perez
May A Foreign Plaintiff Sue A Foreign Defendant For Conduct Outside The U.S. That Caused Antitrust Injury Outside The U.S.?, Antonio F. Perez
Scholarly Articles
May the respondents, five foreign companies that purchased goods outside the United States from other foreign companies, pursue Sherman Act claims seeking recovery for overcharges paid in transactions occurring entirely outside U.S. commerce under the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA), 15 U.S.C. § 6a? Do such foreign plaintiffs lack standing under Section 4 of the Clayton Act, 15 U.S.C. § 15(a)?