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Case of the Day: Washington v. Trump
Here’s a quick take on the Ninth Circuit’s per curiam decision in Washington v. Trump, the government’s motion for a stay of the temporary restraining order enjoining enforcement of Executive Order 13769, the ban on the entry into the United States of Syrian refugees and all nationals of several majority-Muslim countries. As you probably have……
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Case of the Day: Iraq Middle Market Development Foundation v. Harmoosh
The case of the day is Iraq Middle Market Development Foundation v. Harmoosh (4th Cir. 2017). The Foundation lent $2 million to Al-Harmoosh for General Trade, Travel, and Tourism, an Iraqi company. The loan agreement had an agreement to arbitrate all “disputes, controversies and claims between the parties which may arise out of or in……
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Case of the Day: In re Kiobel
The case of the day is In re Kiobel (S.D.N.Y. 2017). Esther Kiobel was the plaintiff in the now-famous Kiobel case, a class action against Royal Dutch Shell and others under the Alien Tort Statute, claiming that Shell was liable for human rights violations committed by the Nigerian government against her and others in Nigeria……
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Case of the Day: Phoenix Process Equipment v. Capital Equipment & Trading
The case of the day is Phoenix Process Equipment Co. v. Capital Equipment & Trading Corp. (W.D. Ky. 2017). Phoenix was a Kentucky company that designs and manufactures water recycling equipment used to wash coal. Capital Equipment & Technology Corp., a Delaware corporation that used the trade name CETCO, was its distributor in Russia and……
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The President And The Rule Of Law
In 1977, journalist David Frost asked Richard Nixon about his approval of a plan to use “dirty tricks” (burglaries, wiretaps, etc.) against groups opposed to him. It was clear that the plan was illegal, and in fact it was one of the acts that led to Nixon’s resignation to avoid impeachment. Here was the exchange:……