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24 Mar 2011, 9:46 am
During the period February 25-March 1, I did, however, send the lawyers’ group, in part at the invitation of one of its members, three memoranda of possible questions from the bench and possible answers, and one memo stressing the need for a short, persuasive opening argument of two or three minutes that would quickly tell the Court what our main points are before the Court got into the barrage of questions which many of you saw in person or read on the transcript. [read post]
17 Jun 2010, 6:47 am
Jirak v. [read post]
15 May 2012, 2:09 pm
This post was originally published on Prof. [read post]
25 Jun 2024, 10:57 am
For instance, Chris Walker has called it one of the “least persuasive points” made at oral argument and Jim Speta has called it “empirically untrue. [read post]
15 Nov 2022, 12:13 pm
I mean the standard characteristics that judges value in clerks: better able to read and understand a lot of complex law stuff, better able to write clearly and persuasively, etc. [read post]
10 Dec 2024, 10:54 am
It does not address actions taken (or not taken) at the federal level, which are covered by the Federal Strategy to Prevent and Address GBV; there are no current reports under that latter strategy (p.22). [read post]
26 Feb 2015, 7:00 am
None of this is to say that either theory is, or is not, persuasive as applied in Iraq then or now.[5] The point, rather, is that there may be little about current anti-ISIL operations that actually depends, as a legal matter, on the relevance of any AUMF given the breadth of the Administration’s understanding of its Article II authority. [read post]
13 Aug 2008, 4:03 pm
A few weeks ago I finished reading Gerry Simpson's Great Powers and Outlaw States[1]. [read post]
29 Apr 2022, 8:50 am
Obama’s stated goal for the U.S. military mission was to “degrade, and ultimately destroy, ISIL through a comprehensive and sustained counterterrorism strategy. [read post]
16 Jun 2022, 6:13 am
Nov. 4, 2020: Former Secretary of Energy in the Trump administration, Rick Perry texts White House Chief of State Mark Meadows proposing an“AGRESSIVE[sic] STRATEGY” to have state legislatures ignore the will of their voters and deliver their states’ electors to Trump: “HERE’s an AGRESSIVE[sic] STRATEGY: Why can t (sic) the states of GA NC PENN and other R controlled state houses declare this is BS (where conflicts and election not called that night)… [read post]
13 Sep 2022, 6:30 am
Not surprisingly, I don’t see any persuasive argument for giving Wyoming and California equal voting power. [read post]
26 Jul 2018, 4:00 am
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
28 Jun 2012, 1:20 pm
” For example if a lawyer writes down his thoughts and strategies regarding a case, he can never be compelled to turn this information over to the his opponent. [read post]
19 Jan 2011, 6:02 am
Prior to trial, the defendant attorneys moved, under the statutes governing mediation confidentiality, to exclude all evidence of private attorney-client discussions immediately preceding, and during, the mediation concerning mediation settlement strategies and defendants’ efforts to persuade petitioner to reach a settlement in the mediation. [read post]
3 Mar 2023, 6:55 pm
Pix Credit here At the invitation of my publisher I have been working on the production of a comprehensive commentary of the United Nations Guiding Principles for Business and Human Rights. [read post]
24 Oct 2014, 1:11 pm
Plenary Session: Measuring Consumer Confusion in Trademark InfringementFacilitator: Barton Beebe (NYU) Lanham Act: confusion is vaguely defined. [read post]
5 Mar 2024, 8:13 am
The Court’s opinion would have been more persuasive had it relied upon the argument, based on Anderson v. [read post]
8 Apr 2023, 7:09 pm
Pix Credit here The right to vote, to have your vote counted, is the threshold of democracy and liberty everywhere in the world. [read post]
29 Nov 2011, 1:20 am
And the presumption against consolidating multiple defendants in a single suit, plus the elimination of tax strategy patents, are outright gifts to large entities and their lobbyists. [read post]
19 Jul 2023, 9:05 pm
The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023,[1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation.[2] Much less attention has gone to two bills that are moving toward adoption in California. [read post]
