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9 Nov 2022, 3:56 am by Andrew Lavoott Bluestone
An “at-issue waiver” of the attorney-client privilege occurs where a party affirmatively places the subject matter of its own privileged communication at issue, such as by asserting a claim or defense that the party intends to prove by use of the privileged material (see Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 62 AD3d 581, 582 [1st Dept 2009]; Deutsche Bank Trust Co. of Ams. v Tri-Links Inv. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  Julie Suk and Caroline Fredrickson are newer friends, with whom I worked (as with Mark, Steve, and Jennifer) on what I call the “Tomasky project,” a group that came together charged by Michael Tomasky, the editor of Democracy (and now, as well, The New Republic) to design a constitution that would serve us well in the 21stcentury. [read post]
26 Jun 2022, 12:28 am by Bill Henderson
In a subsequent essay later this summer, I’ll use this baseline to start constructing my studier, more informed, and more realistic view of the world, which is a precondition to making a difference. [read post]
13 Jun 2022, 4:45 pm by Lawrence Solum
Taft successfully used Supreme Court decisions to aggrandize the Supreme Court and the judiciary as a whole. [read post]
12 May 2022, 5:01 am by Ben Johnson
Less than one year after Olmstead, the Court granted certiorari in Maryland Casualty v. [read post]
22 Apr 2022, 9:30 pm by ernst
Sarah Seo reviews Anne Gray Fischer's The Streets Belong to Us in The Atlantic. [read post]
6 Feb 2022, 9:01 pm by Austin Sarat
Bills they sponsored passed one house of the legislature in Montana in 2015 and in a previous effort in Utah in 2016.Where they are not yet comfortable opposing the death penalty outright, conservative state legislators have taken the lead in pushing for limits on its use, including banning the execution of anyone with a serious mental illness.As important as they are, these Republican second thoughts about capital punishment have not yet found their way to the base of the party. [read post]
20 Dec 2021, 3:44 am by Andrew Lavoott Bluestone
R&L established prima facie that it provided the advice expected of legal counsel exercising ordinary reasonable skill and knowledge and that it did not breach any duty toward plaintiffs (see Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 26 NY3d 40, 49-50 [2015]). [read post]