Tag: Due process
Appellate Court Casts Doubt on Acceptability of ‘Obey-the Law’ Injunctions
We recently blogged about the recent decision of the U.S. Court of Appeals for the 11th Circuit in Securities and Exchange Commission v. Goble, 2012 WL 1918819 (11th Cir. May 29, 2012). There, we discussed the appeals court’s limitation on the reach of the concept of “securities fraud” under Section 10(b) of the Exchange Act… Read More
Private Lawyers on Contract to Represent States: Is That Fair?
What do a medical malpractice victim and the Kentucky Attorney General have in common? The same lawyer representing them. A fact little known to the public is that a growing number of state government enforcement actions are not being litigated by state-employed attorneys but rather by private lawyers working for the state on contingency fee… Read More
Civil Forfeiture: More Safeguards Needed to Protect the Innocent
Civil forfeiture is a legal fiction premised on two notions: that (i) property bears guilt when put to unlawful use; and (ii) monarchs are the creator’s appointed representatives on the earth. In such a world, it would make sense for guilty property to be seized and returned to the monarch. In the monarch’s hands, stained… Read More