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31 Aug 2020, 3:31 pm
This appeal pushes the boundary of that territory, but the due process implications of sanctioning litigants for pursuing frivolous appeals (see id. at pp. 652-651) persuade us against exercising that power at this juncture.In today's DJ, Kevin O'Brien has Prevailing parties in trust and estate litigation can defeat an appeal before it is filed which highlights a key way in which probate appeals differ from regular civil appeals:   Section 1310(b)… [read post]
16 Aug 2020, 7:01 am by Kurt M. Campbell, Ali Wyne
Poor and deteriorating bilateral ties make these dynamics even more conducive to inadvertent escalation. [read post]
5 Aug 2020, 2:52 pm by Ben Berwick, Rachel Homer
In April 2019, Secretary Kirstjen Nielsen—the most recent Senate-confirmed secretary of homeland security—tried to amend the existing succession order (see Enclosure B to the linked letter to the comptroller general from the House Committee on Homeland Security, which in turn refers to Executive Order 13753 for a hierarchy for DHS succession) right before she resigned, in order to make Customs and Border Protection Commissioner Kevin McAleenan the next in line to be the… [read post]
17 Jun 2020, 3:58 am by Edith Roberts
” According to Kevin Williamson at National Review, the court’s reasoning is “not jurisprudence,” but “magical thinking. [read post]
7 Jun 2020, 2:55 pm by Eugene Volokh
UPDATE: Kevin Gerson, Director of the UCLA Law Library, notes that domestic terrorist organization status does matter in one context: 8 U.S.C. [read post]
19 May 2020, 1:56 pm by Lindsay Griffiths
Kevin O’Keefe of LexBlog always says: A lawyer’s best work comes via relationships and word-of-mouth. [read post]
13 May 2020, 3:46 am by Edith Roberts
For The Oklahoman (via How Appealing), Chris Casteel reports that the justices “looked for clear answers — and maybe even a compromise — on whether Congress officially terminated the Muscogee (Creek) Nation’s reservation at Oklahoma statehood. [read post]
28 Apr 2020, 5:00 pm by John Stigi and Alejandro Moreno
  The Court declined to require the pleading of “so-called ‘newspaper facts’—who, what, when, where and how” —in all cases under Rule 23.1, holding that even under Rule 9(b) such details are not required in all cases. [read post]
13 Apr 2020, 4:19 pm by Kevin LaCroix
Transparency leads to efficient data-driven decision-making by officers of the court, particularly when working towards the adjudication of claims that arise from alleged violations of federal securities laws under Section 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder by the U.S. [read post]
26 Mar 2020, 2:43 pm by Kevin LaCroix
(My thanks as always to the indefatigable Kevin LaCroix, author of the D&O Diary, for pointing these out.) [read post]
15 Mar 2020, 6:46 am by Hayleigh Bosher
” The hallmark of 2(b) - unlawful appropriation- is that the works share substantial similarities. [read post]