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12 Feb 2012, 10:42 am by Joel R. Brandes
"According to the New Mexico court, the parents wished to nominate Jim L. and Angela L., residents of Ohio, as temporary guardians of the children. [read post]
7 Feb 2012, 8:47 am by WSLL
§ 7-14-103(b)(ii) is limited to situations where a claim “[c]ould have been raised but was not raised” in the direct appeal, as addressed by Wyo. [read post]
16 Jan 2012, 10:02 am by Law Lady
Criminal law -- Attempted murder -- Jury instructions -- Giving of standard jury instruction on attempted manslaughter is not fundamental error in prosecution for attempted first degree murder where defendant is convicted of lesser included offense of attempted second degree murder -- Conflict certifiedJEAN L. [read post]
31 Dec 2011, 1:48 pm by Steve Vladeck
By Marty Lederman and Steve Vladeck* [Cross-posted at OpinioJuris] Section 1021 of the NDAA and the Laws of War In our companion post, we explained that section 1021 of the NDAA will not have the dramatic effects that many critics have predicted–in particular, that it will not affect the unresolved question of whether the 2001 Authorization for Use of Military Force (AUMF) would authorize a future President to place a U.S citizen or resident who is apprehended in the United States in… [read post]
31 Dec 2011, 1:20 pm by Marty Lederman
  In the majority opinion, Judges Brown, joined by Judge Kavanaugh, argued not only that the laws of war should not inform interpretation of the AUMF’s limits, but even that the AUMF should not be construed to avoid authorizing violations of that body of international law:  “[W]hile the international laws of war are helpful to courts when identifying the general set of war powers to [read post]
21 Nov 2011, 1:50 pm by Geoffrey Rapp
Recently published sports law scholarship includes:Jessica L. [read post]
7 Nov 2011, 5:01 pm by Oliver G. Randl
R1 [Guy Murry, “Transformations dans les aciers”, Techniques de l’ingénieur; traité matériaux métalliques, 1998; vol. [read post]
3 Nov 2011, 7:00 am by Scott Van Soye
Conversely, “if I do not buy this house I can a) buy the one on Maple Street, b) extend my current lease c) move in with Mom, or d) rent the apartment down the block” gives the buyer much more flexibility and therefore much more bargaining strength. [read post]
31 Oct 2011, 3:15 am by Steve Lombardi
“[W]e often infer legislative assent to our precedents from prolonged legislative silence. [read post]
27 Oct 2011, 7:44 am by Theodore J. Kobus III
  Since the ASHRM conference, I have received many requests for my list and decided to publish them here: A - Accept that it will happen to you B - Breach response policies are not only mandatory, they are helpful C - Compliance with policies and procedures is critical D - Data breach Fridays--the breach call always comes in at 6pm on a Friday E - Empathize with your customers/patients/employees--how are they going to react to your response? [read post]