Failed Motion for Summary Judgment Preserves Purely Legal Issue for Appeal

To preserve a purely legal question for appeal, a party need not move for judgment as a matter of law pursuant to Rule 50 of the Federal Rules of Civil Procedure, if she has already moved for and lost summary judgment on the issue.   Continue reading

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Does Tobacco Companies’ RICO Loss Presage First Amendment Victory?

[Update: Yes.]

Tobacco lawyers looking for a silver lining in their double loss in the D.C. Circuit on Friday may find it in the first paragraph of Judge Brown’s opinion affirming the denial of their motion to vacate an order enjoining future false statements about the health effects of cigarettes and requiring the companies to issue “corrective statements.” Continue reading

Hayden & Bodie on Business Roundtable v. SEC

Grant M. Hayden (Hofstra University, Maurice A. Deane School of Law) and Matthew T. Bodie (Saint Louis University School of Law) have posted The Bizarre Law & Economics of ‘Business Roundtable v. SEC, 38 J. Corp. L. (forthcoming 2012), on SSRN. Continue reading

Divided D.C. Circuit Rejects Airlines’ First Amendment Challenge Based on Agency’s Interpretation of its Own Rule

In Spirit Airlines v. Department of Transportation, a D.C. Circuit panel with the unlikely split of Judges Tatel and Henderson in the majority and Judge Randolph in dissent, engages in two parallel debates.  The first is constitutional, and the second is over the proper tools of judicial decisionmaking.   Continue reading

Judge Robertson Attacks D.C. Circuit’s Guantanamo Jurisprudence

The Constitution Project has posted a transcript of a panel discussion it hosted last week on “Boumediene‘s Legacy and the Fate of Guantanamo Detainees.”   Continue reading

Advocates, Beware Selectively Quoting Your Opponent

Judge Ginsburg’s opinion upholding the EPA’s new national ambient air quality standard (NAAQS) for nitrogen dioxide [pdf] sounds a warning note about the dangers of leaving out key words from a quotation:   Continue reading

Panel: The Military Commissions and Guantanamo

The D.C. Bar’s International Law Section is sponsoring a panel on Thursday, July 19, entitled “The Military Commissions and Guantanamo.”   Continue reading