The Federal Lawyer

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ISIS and the Crimes Against the Yazidid People
Nadia Murad is a 26-year-old Yazidi woman who was captured by the so-called Islamic State of Iraq and Al-Sham (ISIS). She was a victim of war crimes and has refused to accept the social norm that women should remain silent and ashamed of the abuses to which they have been subjected. She has shown uncommon courage in recounting her own sufferings and speaking up on behalf of other victims.


EMOJI: Their Role in Discovery and Trial
Emoji and emoticons have migrated from personal texts and social media to business and to the courtroom—are you prepared to work with them?
The Jencks Act and Rule 26.2:Effectively Using Discovery Tools During Hearings and Trials to Increase the Likelihood of Prevailing in Hearings and Trials or on Appeal
In Federalist Paper No. 83, Alexander Hamilton wrote: The friends and adversaries of the plan of the convention, if they agree in nothing else, concur at least in the value they set upon the trial by jury: Or if there is any difference between them, it consists in this, the former regard it as a valuable safeguard to liberty, the latter represent it as the very palladium of free government.
The Case of the Majestic Rabbi: Consent Trials Before US Magistrate Judges
U.S. Supreme Court Justice Sonia Sotomayor and I share, in some respects, a similar background, as both of us hale from the Bronx, N.Y., were born in the 1950s, are lifelong New York Yankees fans, and practiced law in the Southern District of New York.
Don’t Lose Your Civil Appeal While Still in the District Court!
Few things are more frustrating than knowing you're right but there's nothing you can do about it.
Venue Decisions and Trends Post-TC Heartland
In 2017, the Supreme Court overruled VE Holding Corp. v. Johnson Gas Appliance Co., a 27-year-old precedent holding in that the use of the word "reside" in the patent venue statute, § 1400, should be interpreted the same way as courts interpret its use in the general venue statute, § 1391.
Prepare a New Lawyer For Oral Argument: The Seven-Moot System
It was a habeas appeal. My student and I had rehearsed the oral argument several times and I thought my student was prepared.
Auer Deference Lives on, "Zombified" but Resilient
In The Federal Lawyer’s May/June issue, we discussed the Supreme Court’s grant of certiorari in Kisor v. Wilkie, a case involving the Auer deference doctrine and how it fits into the traditional canons of regulatory interpretation.
The Consequences of Removal and Remand Gone Awry
Although we suspected that something might be amiss, we were utterly unprepared for the revelation that concealed collusion had resulted in our denial of jurisdiction in federal court.
A Forensic Pursuit of Process Liability
In an action under the U.S. False Claims Act, the evidence may indicate substantial damages derived from the defendant’s operations.