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New York Law Journal

D.C. Circuit Rulings Shed Light on FSIA Expropriation Exception Issues

In recent years, a number of cases have sought compensation from Germany or Hungary for property the Nazis or their allies seized. Plaintiffs relied upon the "expropriation exception" of the Foreign Sovereign Immunities Act (FSIA) to secure jurisdiction over the foreign sovereign. The authors discuss two such cases, 'Toren v. Federal Republic of Germany' and' Republic of Hungary v. Simon.'
10 minute read

National Law Journal

Outgoing ACLU Legal Director David Cole Reflects on Wins, Losses in Trump Era

"We definitely disagree with the NRA on most everything. But we agree that they have the same First Amendment rights as we do or as anyone else does," David Cole said.
9 minute read

National Law Journal

Federal Judge Dismisses Trump Documents Case, Calls Smith's Appointment Unlawful

"Mr. Smith is a private citizen exercising the full power of a United States Attorney, and with very little oversight or supervision," U.S. District Judge Aileen Cannon wrote.
5 minute read

National Law Journal

'A Right Turn': Roberts Leaves Broad Consensus Behind in Blockbuster Supreme Court Term

Throughout the October 2023 term, Chief Justice John G. Roberts Jr. reminded court watchers that, despite his reputation as an "institutionalist" who prizes consensus and moderation, he also holds strong conservative convictions.
8 minute read

The Recorder

If They Meant It, Then Make Them Say It: Lower Courts Should Put Immunity Ruling to the Test

The special prosecutor and the trial court should force the Supreme Court to answer whether the fraudulent and corrupt actions of a lame-duck president who has lost an election, taken intentionally to obstruct the results by fraud and violent trespass, is really, absolutely immune.
13 minute read

New Jersey Law Journal

New Jersey's Experience Shows That 'Chevron' Deference Not Essential to the Administrative State

Without more, we are as yet unprepared to join those who believe that the overruling of "Chevron" in and of itself will result in the disassembly of modern administrative regulatory programs.
7 minute read

National Law Journal

2nd Circuit Revives Challenge to NY Law Requiring Photographer to Work Same-Sex Weddings

The Second Circuit sent the case back to the district court to weigh issuing a preliminary injunction.
3 minute read

National Law Journal

Views From Two Trenches: Supreme Court Limits SEC's Ability to Use Internal Proceedings

Without its home-court advantage, the SEC will have to litigate its cases in federal court—a process that is more complex and resource-intensive. But the SEC has been preparing for this eventuality for years.
9 minute read

New York Law Journal

NY Top Court Affirms November Ballot Question Asking to Codify Abortive Rights

The top court said it dismissed the appeal by Senate Republican Minority Leader Robert Ortt, R-Lockport, on the basis that he and other appellants were not aggrieved parties.
2 minute read

National Law Journal

3rd Circuit Weighs Constitutionality of Fishery Management Council Appointments

The council is charged with creating fishery management plans for regulating fisheries, which the U.S. commerce secretary reviews for legality and then decides whether to adopt a regulation to implement the plan.
4 minute read

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