The False Marking Statute Is Here To Stay

Law360, New York (March 10, 2011, 1:46 PM EST) -- The Federal Circuit in Stauffer left undecided the issue of whether § 292 violates the “take care” clause of Article II, § 3 of the Constitution because the issue was not properly raised below.[1] The argument is that § 292 violates the constitutional separation of powers set forth in the "take care" clause, which requires that the president "shall take care that the laws be faithfully executed."[2]

The separation of powers argument was carefully analyzed by the U.S. District Court for the Eastern District of Virginia...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.