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Paper of the Day: Toward Nakba as a Legal Concept
The paper of the day is Toward Nakba as a Legal Concept, by Harvard SJD student Rabea Eghbariah, which has just been published—at least I think it has. Eghbariah’s article has had a long history of getting to press. In November 2023, the board of the Harvard Law Review decided against publishing the post in……
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Case of the Day: Coinbase v. Suski
The case of the day is Coinbase, Inc. v. Suski (S. Ct. 2024). Cases about arbitration can get very abstract very quickly. I like the way Justice Jackson categorized arbitration disputes in her new opinion. The most straightforward cases are decisions on the merits of a dispute. At the next level of abstraction, the question……
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The ICC Prosecutor’s Request for Warrants
Okay, I suppose I ought to comment on the decision of the ICC’s prosecutor, Karim Khan, to seek arrest warrants for the leaders of Hamas as well as for Israeli prime minister Netanyahu and defense minister Gallant. I begin as always with my disclaimer: I am not an expert in the relevant law! First, it’s……
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Case of the Day: Fuld v. PLO
The case of the day is Fuld v. PLO (2d Cir. 2024). It’s a denial of a petition for an en banc rehearing in an important personal jurisdiction case, and since the Second Circuit is so stingy with en banc rehearings, the decision isn’t a surprise. There are, though, two interesting opinions, one a concurrence……
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Researching Obscure Questions
Legal research has changed dramatically over the past two decades. I think I was probably in the last few cohorts of law students who learned how to shepardize cases using the books and who made the digests, restatements, leading treatises, and other classic secondary sources the starting place for research. Today, the tendency is simply……