Yet neither the federal government nor any other legal commentator has previously identified the way in which the very features of the case that contribute to its political salience also require that it be dismissed for lack of statutory subject-matter jurisdiction. The Supreme Court has placed limits on statutory subject-matter jurisdiction over declaratory judgment actions in which a state seeks a declaration that a state statute is not preempted by federal law—precisely the relief sought in Virginia v. Sebelius. These limits insulate federal courts from the strong political forces surrounding lawsuits that seek federal court validation of state nullification statutes. This Essay identifies these heretofore neglected limits, shows why they demand dismissal of Virginia v. Sebelius, and explains why it is appropriate for federal courts to be closed to this type of suit.

An allegedly unfair or deceptive business practice can’t be the basis of a California cause of action if the conduct has been deemed lawful. Here, the allegations were “nothing more than a clever attempt to plead around the statutory bars to relief for exclusion of card counters.” The right to exclude others is a fundamental element of private property ownership, extending to gaming establishments. Thus, Nevada casinos are under no duty to admit card counters and may exclude them as a matter of business judgment.

A recognized study of the disparate roles that corporate attorneys play in representing and advising their institutional clients. Long passed around and cited by scholars and practicing lawyers as an unpublished manuscript, this book insightfully explores the choices that lawyers, managers and executives make about how lawyers are involved in corporate processes.

Michigan resident Leon Walker faces a peculiar predicament: he’s been charged with a felony for secretly checking out his wife’s email account.

Using his wife’s password, Walker accessed her Gmail account and learned she allegedly was having an affair, according to this article in the Detroit Free Press.

State prosecutors in Michigan have charged Walker under a statute used typically to prosecute identity theft or theft of trade secrets, the Free Press Reports. (Hat tip: JonathanTurley.org)

Plaintiffs alleged that Compucredit deceptively marketed a subprime credit card, the Aspire Visa (some interesting reviews here), to consumers with low or weak credit scores as a way to "rebuild your credit," "rebuild poor credit," and "improve your credit rating." The ads stated that there was "no deposit required," and that consumers would immediately receive $300 in available credit, but in fact, the issuer required a twenty dollar purchase payment to activate the card and immediately assessed numerous fees. These fees, which were hidden in fine print among other information, reduced the available funds by more than half.