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16 Nov 2015, 7:54 am
But as I explain in the post that follows, a new application pending before the Justices, In re Butler, raises a far more important retroactivity question, one that is already the subject of a 5-3 (and growing) circuit split, one that has an ever-shortening clock, and, most significantly, one that may only be definitively answerable if the Court does something it hasn't done in 90 years--issue an "original" writ of habeas corpus. [read post]
9 Dec 2020, 7:13 am
I need to re-listen to the Germany argument; initial reports suggest at least some justices were skeptical of allowing FSIA's expropriation exception to reach these sorts of foreign genocide claims. [read post]
18 Aug 2017, 2:24 pm
Accordingly, there is probably a good chance that the repeal of the NJ Estate Tax does become permanent. [read post]
30 Sep 2010, 8:00 pm
Part 1 gave advice for divorced men on how to act when times are good and when they're bad.Reality Does SuckMy experience has been that when your ex-wife is nice, she is up to something. [read post]
24 Mar 2008, 9:48 pm
Does anybody on Wall Street know what the heck they're doing any more? [read post]
20 May 2024, 3:13 pm
I understand that, sometimes, you're waiting to try to get better in the meantime, so that the result of the trial is more likely to be in your favor.But having to wait over two full years to be "reevaluated" by your doctors seems quite a bit too long.That's the backstory here, anyway. [read post]
17 Jun 2016, 11:20 am
How does Madison wield such influence over Stoughton? [read post]
24 Sep 2015, 5:39 pm
They’re harmless, although that, without doubt, does not justify them. [read post]
22 Jan 2020, 9:59 pm
But if you're one of those practitioners who does file in Israel from time to time -- and I suspect that readers of Patent Docs file in Israel at a higher rate than the general practitioner population -- you'll be pleased to know that the Israel PTO (ILPTO) recently proposed a change in patent examination practice that portends relief for beleaguered applicants: the ILPTO plans to tighten the criteria for... [read post]
10 May 2017, 3:45 pm
[Talking Points Memo] * Does this Biglaw firm need re-branding? [read post]
12 Nov 2018, 3:45 pm
MICHELLE OBAMA IS EVERYTHING: I'ma buy her book. [read post]
28 Nov 2017, 4:39 am
And I think that does make a difference. [read post]
8 Mar 2022, 7:37 am
I disagree with that. [read post]
6 Oct 2008, 1:50 pm
Sorry, but I’ve been thinking again. [read post]
27 Feb 2024, 2:36 pm
While we're waiting to see what the Supreme Court does with former President Trump's application to stay the proceedings in the D.D.C. criminal case so that he can appeal the court of appeals' rejection of his motion to dismiss the indictment on "immunity" grounds," I have a new post up at Lawfare about why the substantive stakes of that argument are much less than what many might assume. [read post]
9 May 2019, 4:39 am
Does that seem chintzy? [read post]
23 Sep 2014, 7:42 am
Match.com; Doe II v. [read post]
20 Apr 2010, 3:36 pm
‘We’re Going to Make it Uncomfortable for the Democratic Party’. [read post]
25 Apr 2011, 4:08 pm
I wouldn't know, but he certainly speaks well. [read post]
18 Apr 2016, 8:44 am
In re Nunez, 384 N.J Super. 345, 349 (App. [read post]