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Res Judicata: Wal-Mart Decision Ends the "Great Society" in our Courts

In 1966, as part of explosion of federal programs that are collectively known as the so-called “Great Society, ” Congress amended Rule 23 of the Federal Rules of Civil Procedure, which governs “class actions.” Prior to that time such cases were rare even though the Rule had been in existence …

Written by Howard Foster on Monday August 1, 2011

Arrest Warrant Won't Make Qaddafi Budge

By issuing an arrest warrant for his war crimes, the chief prosecutor for the International Criminal Court will guarantee Qaddafi won’t go quietly. By issuing an arrest warrant for his war crimes, the chief prosecutor for the International Criminal Court is guaranteeing that Libya’s Muammar …

Written by Peter Worthington on Tuesday May 31, 2011

Blago's Back on the Stand

Dragged to trial by federal prosecutors (again) for allegedly attempting to sell Obama’s old Senate seat, Rod Blagojevich began presenting his defense Wednesday. Blago is back. Dragged to trial by federal prosecutors (again) for allegedly attempting to sell President Obama’s old Senate seat, Rod …

Written by Jeb Golinkin on Wednesday May 25, 2011

Strauss-Kahn's Bail: A Bad Deal

The court’s decision to grant bail—even under strict terms--to Dominique Strauss-Kahn is unfair and raises the real possibility he’ll flee. A New York court’s decision to grant bail—even under very strict terms--to Dominique Strauss-Kahn is unfair, raises the real possibility that he’ll flee, …

Written by Eli Lehrer on Friday May 20, 2011

Frum & Greenwald: Was Bin Laden Hit Legal?

On Thursday, I recorded a new Bloggingheads with Salon.com's Glenn Greenwald. We discussed the killing of Osama Bin Laden and its implications for the U.S. mission in Afghanistan. On Thursday, I recorded a new Bloggingheads with Salon.com's Glenn Greenwald. We discussed the killing of Osama Bin …

Written by David Frum on Friday May 6, 2011

No Bailouts for Incumbents

SCOTUS is reviewing a law which would provide matching funds for less well-funded candidates. But would this level the playing field or just boost incumbents? The Supreme Court in McComish v. Bennett and a companion case, is addressing an Arizona law that attempts to “equalize” speech in …

Written by John Vecchione on Tuesday March 29, 2011

Qaddafi's Real Fear: A War Crimes Trial

Are fears of facing an International Criminal Court trial for human rights violations pushing Qaddafi and his sons to cling to power? It used to be, in the bad old days of the 20 th Century, that when the time came for tin-pot dictators to be replaced, they fled to some accommodating country …

Written by Peter Worthington on Thursday March 10, 2011

Why the GOP Will Thank Ted Olson

While some conservatives are celebrating the New York State Senate defeat of a gay marriage bill yesterday, Ted Olson has been working to overturn California’s ban on same-sex marriage. If he succeeds, Republicans will owe him a debt of gratitude. Yesterday, the New York State Senate crushed a …

Written by Jeb Golinkin on Thursday December 3, 2009

The Lockerbie Bomber Story Continues to Unravel

The release of the Lockerbie bomber looks increasingly like a deceitful connivance between the British, the Scots and the Libyans. Meanwhile on this side of the Atlantic, an uncurious American press has accepted the Obama administration's account at face value. But given the level of lying in …

Written by David Frum on Sunday September 6, 2009

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