A Latin maxim provides that when the reason for the law ceases, the law itself ceases (cessante ratione legis, cesset ipsa lex).A variation of that maxim would provide that when there is no reason for the law to begin with, enactment of the law is unnecessary.
On Dec. 1, the U.S. Supreme Court heard arguments in Milavetz, Gallop & Milavetz v. United States , which involves Bankruptcy Code amendments in 2005 that added a new term — “debt relief agency” — and proscribed such entities from advising a client to incur more debt in contemplation of filing for bankruptcy. The agency was also required to include in its advertising a statement to the effect that it was a debt relief agency and helped people file for bankruptcy relief. The Eighth U.S. Circuit Court of Appeals unanimously held in 2008 that attorneys were included within the definition.
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