Recent News
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SCOTUS sides with Trump administration in mail-in voting dispute
Justice Lewis Powell died on this day in 1998. During his time on the Supreme Court, Powell was considered a moderate, leaning “to the right on some key issues and to the left on others.” CNN recently described him as one of a series of justices who occupied a...
Gutting the Alien Tort Statute
The Supreme Court’s decision in Cisco Systems, Inc. v. Doe I, decided in June, is a lethal blow to suits under the federal Alien Tort Statute. Such litigation often is the only remedy available to victims of human rights abuses. Through Cisco, the court has...
The justices should regularly sit on the lower courts
This is the fifth piece in a series on what I believe the court can, and should, do better.***Each term, the chief justice appoints a circuit justice for each of the twelve regional courts of appeals. These appointments are expressly authorized by 28 U.S.C. § 42....
Marine found dead in vehicle on Okinawa ID’d as 20-year-old corporal
A Marine found dead last week inside a vehicle in northern Okinawa has been identified as Cpl. Joseph R. McDonald.
US Marines cancel major South Korea amphibious drills amid Iran conflict
The U.S. military has canceled its participation in a major amphibious exercise with South Korea because forces are constrained by the conflict with Iran, according to the South Korean marine corps.
Frozen Assets — E.D. Pa. Refuses to Let a Qui Tam Relator Turn a Shipping Glitch into a Fraud Verdict
We have all had the experience of ordering something online, watching the delivery truck icon crawl across the map for three days, and then opening the box to find everything is exactly fine. No harm, no foul, just a mildly stressful shipping odyssey. Now imagine a...
BaFin published “Five Points to Note for Influencers”
In its factsheet Finfluencer – Tipps für verantwortungsvolle Werbung, the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht or Bafin) previously emphasised that advising others as to which investments they...
Tuesday Tips: New & Noteworthy from SSRN
Russell B. KorobkinContract Boilerplate and Constitutional Public PolicyAbstract The modern economy is awash in standard form contracts filled with “boilerplate” terms that are drafted by repeat players and routinely accepted by consumers, employees, and...
No Privilege for Funder Diligence: The English Commercial Court Differentiates Between Funding Litigation and Conducting It
The English Commercial Court judgment in White v. Uber London Ltd underlines the distinction between funding litigation and conducting litigation, highlighting the disclosure risks arising from investigatory materials created in connection with prospective...