Tag Archives: limit

Should Owner Motivation Limit the Exercise of Property Rights?

Lee Anne Fennell, Owning Bad: Leverage and Spite in Property Law, in Civil Wrongs and Justice in Private Law (Paul B. Miller & John Oberdiek, eds.) (forthcoming Oxford University Press), available at SSRN. Gregory M. Stein People sometimes exercise their … Continue reading

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Fifty Person Limit

The Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) precludes any “covered class action” based upon state law that alleges a misrepresentation in connection with the purchase or sale of nationally traded securities.  The defendants are permitted to remove the … Continue reading

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Trump Administration Aims to Limit States Use of the Clean Water Act Carve Out Under the Natural Gas Act

Generally, the Natural Gas Act (NGA) preempts a state’s ability to enforce its own state laws with limited exceptions.  The purpose of the NGA preemption of state law is to expedite interstate energy projects such as natural gas pipelines that … Continue reading

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How Can Data Privacy Regulations Limit the Ability to Present Evidence in a Litigation?

Stéphanie Martinier and Mathilde Pepin The French Supreme Court sanctions a company for having produced complete employee pay slips in a litigation. It is not news that the rules of evidence and data privacy laws may be conflicting. A recent … Continue reading

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Indiana Solicitor General: It's Constitutional to Seize a Car for Driving 5 MPH Over the Speed Limit – Hit & Run : Reason.com

Defending civil asset forfeiture means defending the government's power to seize your car if you were going 5 miles-per-hour over the speed limit. Thankfully, it seems like none of the nine justices were willing to buy Indiana's argument (and more … Continue reading

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