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National Law Journal

Meet Matthew Petersen, DC Court Nom Who Flunked Senator's Pop Quiz

Petersen, an FEC commissioner and former Wiley Rein summer associate, had trouble answering basic legal questions in his hearing this week, like defining motion in limine and Daubert standard.
5 minute read

National Law Journal

Hobby Lobby, Resisting State Subpoena, Is Drawn Into New Birth Control Suit

"The state of Washington has no business demanding nationwide data from some of the biggest private companies in the country," lawyers for Hobby Lobby Stores Inc. tell a federal judge in Tacoma, Washington.
3 minute read

New York Law Journal

SCOTUS Action on DACA Looms as Second Circuit Hears Mandamus Oral Arguments

The appellate panel heard arguments on the mandamus petition before it over U.S. District Judge Nicholas Garaufis' order to have the government proceed with document production and discovery in the suit over the federal wind down of DACA.
9 minute read

National Law Journal

Mary Beth Tinker's Landmark First Amendment Case Returns to Court for Reenactment

Three D.C. Circuit judges got to play Supreme Court justices on Dec. 14— nearly 60 years after the Warren Court heard arguments in the First Amendment challenge: Tinker v. Des Moines Independent Community School District.
1 minute read

New York Law Journal

Pulling the Plug on Terrorism: A Constitutional Solution to Online Mass-Violence Manuals

Alexander H. Southwell and Jason P.W. Halperin explore this ongoing problem of “how-to” terrorism guidance on the Internet, and propose a solution: legislation aimed at barring the publication of online materials that offer instructions on how to commit mass violence.
28 minute read

National Law Journal

RSVP Now! SCOTUS Clerks and Diversity: A Conversation With Tony Mauro and Neal Katyal

Tune in today! Join National Law Journal Supreme Court correspondent Tony Mauro and former Acting Solicitor General Neal Katyal for a conference call at 3 ET to discuss new demographic research on Supreme Court law clerks. The call is free. Register now and be part of the conversation.
2 minute read

Daily Report Online

Side Benefits of Oral Argument: Training, Fun, Predicting the Future

Oral arguments have an intangible value that lawyers and judges seem to understand instinctively. At best, they're conversations—starting in midsentence with many interruptions—that mostly seem mutually useful.
3 minute read

New York Law Journal

Rebuttal of the Fraud on the Market Presumption of Reliance

Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern write: Last month, the U.S. Court of Appeals for the Second Circuit held as a matter of first impression in this circuit that direct evidence of price impact is not always necessary to demonstrate market efficiency (as required to invoke the 'Basic' presumption), and a defendant's rebuttal burden is one of persuasion (not production), and defendant must show the absence of price impact by a preponderance of the evidence.
30 minute read

Corporate Counsel

With Luttig as GC, Boeing Lands Fleet of Former SCOTUS Clerks

Boeing's executive vice president and general counsel J. Michael Luttig has been staffing the company's law department with former U.S. Supreme Court law clerks.
13 minute read

Daily Report Online

Judge Pryor, UGA Among Top 11th Circuit Feeders for Supreme Court Clerks

Most of those lawyers found slots with conservative Justices Clarence Thomas and Samuel Alito.
11 minute read

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