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12 Feb 2024, 5:21 am by David Post
There is another injury, of course, and it is the one that really matters, for the two of us, given our particular circumstances. [read post]
11 Feb 2024, 10:17 am by Rob Robinson
Very few litigators have photographic memories of their examination outlines, the past relevant testimony in the matter, and past relevant testimony from other matters. [read post]
8 Feb 2024, 7:18 am by Daniel M. Kowalski
Attorney General: The undersigned 129 organizations and legal scholars respectfully request that you vacate the Board of Immigration Appeals’ (“BIA” or “Board”) decision in Matter of A-C-M-, 27 I&N Dec. 303 (BIA 2018) . [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
As I explained in one of my earlier posts, several or all of the Justices might be inclined to decide the case on some ground that doesn’t require the Court to decide whether Donald Trump is eligible to be President, if such an “off-ramp” solution is legally available. [read post]
5 Feb 2024, 10:06 am by Kevin LaCroix
Ass’n, the First District Appellate Court of Illinois held that a related claim provision barred coverage for a series of “claims” made over the course of six years because the claims arose out of the same pattern of alleged misconduct. [read post]
4 Feb 2024, 10:30 pm by Miriam Schuler
’ The fact that the Office’s president, Tamás Lánczi, was nominated by Orbán himself and appointed by the President, exacerbates ‘concerns about of [sic] the independence of the body and the risk of politically motivated abuses of its authority. [read post]
31 Jan 2024, 9:01 pm by renholding
In the present appeal, the Supreme Court is poised to resolve a circuit split concerning whether an Item 303 violation can serve as a basis for Section 10(b) liability. [read post]
31 Jan 2024, 6:22 am by Guest Author
Indeed, Justice Gorsuch previewed his opinion on the matter in his statement denying certiorari to an earlier challenge to the bump stock ban, writing, “whatever else one thinks about Chevron, it has no role to play when liberty is at stake. [read post]
31 Jan 2024, 6:04 am by Daniel M. Kowalski
Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) - The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary to the plain text of 8 C.F.R. [read post]
30 Jan 2024, 9:05 pm by renholding
I want to suggest, though, that, while overturning Chevron would indeed be a matter of seismic legal importance, it might not be for the reasons most commonly mentioned. [read post]
30 Jan 2024, 9:02 pm by renholding
I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1]  This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. [read post]
29 Jan 2024, 8:04 am by Russell Knight
“[N]early all maintenance awards are implicitly reviewable and modifiable. [read post]
25 Jan 2024, 2:51 pm by Kevin LaCroix
As a threshold matter, for those less familiar with Section 533, a brief overview may be useful. [read post]