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4 Jun 2020, 1:59 pm by Stephen Griffin
  Their responses were in fact cited by Justice Breyer in dissent in the next important gun rights case, McDonald v. [read post]
29 May 2020, 1:58 pm
Contents include:ArticlesMiguel Lemos, Jus Cogens Versus the Chapter VII Powers of the Security Council: With Particular References to Humanitarian Intervention and Terrorism Carlo Focarelli, International Human Rights “in Crisis” and the Neoliberalization of the Human Person William S Dodge, Jurisdiction, State Immunity, and Judgments in the Restatement (Fourth) of US Foreign Relations Law Deming Huang & Qintong Shan, The Immunity of Judge Akay of the MICT … [read post]
28 May 2020, 5:29 am by Schachtman
”[18] Perhaps these courts meant to say that they had found that the proponent of the challenged expert witness testimony had shown admissibility by a preponderance, and that what non-disqualifying problems remained should be taken up on cross-examination.[19] The principle of charity, however, cannot exonerate federal judges from exercising the dodge repeatedly in the face of clear statutory language. [read post]
13 May 2020, 2:03 am by Schachtman
Explaining the denial of a Rule 702 motion in terms of the availability of cross-examination is just one among several dodges that judges use to avoid fully engaging with Rule 702’s requirements.[1] Another dodge involves shifting the burden of proof on admissibility from the proponent of the challenged expert witness to the challenger. [read post]
11 May 2020, 1:09 am by Schachtman
In my last post,[1] I praised Lee Mickus’s recent policy paper on amending Rule 702 for its persuasive force on the need for an amendment, as well as a source for helping lawyers anticipate common judicial dodges to a faithful application of the rule.[2] There are multiple dodges used by judicial dodgers, and it behooves litigants to recognize and anticipate them. [read post]
8 May 2020, 3:47 am by Schachtman
Joiner, 522 U.S. 136 (1997); Kumho Tire Co. v. [read post]
29 Apr 2020, 10:40 am by Kevin
On April 17, Québec’s Court of Appeal refused to enforce an outcome reached via that time-honored dispute-resolution mechanism often known as “rock, paper, scissors. [read post]
25 Apr 2020, 7:14 am
Confused about a seemingly irrelevant reference to her math skills, she then Googles "polymath" and the double insult finally dawns on her.9) The disbarred lawyer (Macbeth for our purposes)  gets the candidate -hereinafter on the blog to be known as "Lady Macbeth-Stassen" (LMS) (and  at times"the Covid-19 Candidate", because more hoi polloi get that damaging reference), gets Lady Macbeth-Stassen to switch races and challenge Judge Tunis: "When the… [read post]
23 Apr 2020, 4:09 am by Edith Roberts
Supreme Court” in McGirt v. [read post]
1 Apr 2020, 7:52 am by Taite Westendorf and Bassel Khalaf
v=EQkyi1_l6po At this point you may be wondering what the hell does this have to do with bond hearings. [read post]
1 Apr 2020, 7:52 am by Taite Westendorf and Bassel Khalaf
v=EQkyi1_l6po At this point you may be wondering what the hell does this have to do with bond hearings. [read post]