Archive | May, 2012

Fannie Mae Is Not a Government Actor for Constitutional Purposes, Despite Federal Takeover

So holds yesterday’s Herron v. Fannie Mae (D.D.C. Apr. 30, 2012), citing (among other cases) United States v. Beszborn (5th Cir. 1994): When FHFA [the Federal Housing Finance Agency] steps in as conservator or receiver it immediately succeeds to all rights and powers of the stockholders, officers, and directors of the regulated entity placed into […]

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Judge vs. Blogger Libel Lawsuit Can Go Forward

So holds today’s Lewis v. Rapp (N.C. Ct. App. May 1, 2012). An excerpt: In April 2010, plaintiff was the serving Senior Resident Judge of Judicial District 13B in North Carolina and was engaged in a campaign to retain her seat in the November 2010 election. She was also a vocal supporter of William Rabon […]

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“Three Cups of Tea” Book Fraud Case Dismissed

The opinion is Pfau v. Mortenson (D. Mont. Apr. 30, 2012). I’m swamped right now, but I thought I’d pass along the opinion — which I should note heavily focuses on questions of whether the fraud was pled with enough particularity, something that’s required in fraud cases under the Federal Rules of Civil Procedure — […]

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“The Adventures of Tintin in the Land of the Law”

A very interesting analysis by Dr. Jogchum Vrielink (Institute for Constitutional Law at Leuven University in Belgium) of a recent Belgian court decision (though note that I haven’t read the decision myself): “Tintin,” the brainchild of the late Belgian cartoonist Georges Remi (better known as Hergé) is experiencing new and exciting adventures these days. Not […]

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Victims of Communism Day

Today is May Day. Since 2007, I have been commemorating this day here at the Volokh Conspiracy as Victims of Communism Day. Various other websites and blogs have promoted the same concept. In time, we hope to make this a worldwide commemoration similar to Holocaust Memorial Day. I explained the rationale for this idea in […]

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Bleeding Heart Libertarianism and “Social Justice”

The Cato Unbound website recently hosted an interesting debate over efforts by “Bleeding Heart Libertarians” to incorporate “social justice” into libertarian political theory. In the lead essay, “Bleeding Heart Libertarian” political philosophers Matt Zwolinski and John Tomasi argue that libertarianism is best defended not on the basis of absolute rights to property and self-ownershp, but […]

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Grand Ole Opry v. Army Corps

Following Louisiana victims of post-Katrina flooding, the Grand Ole Opry is suing the federal government over damage resulting from a 2010 flood of Nashville, claiming negligence by the U.S. Army Corps of Engineers was at least possible responsible for over $250 million in damage to the Opry and other buildings. The LAT reports: Monday’s lawsuit […]

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