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Judges do not treat all constitutional rights the same. U.S. judges typically apply “two-tiered” judicial review when reviewing the constitutionality of legislation. Judges apply some form of heightened scrutiny when reviewing legislation that trenches on fundamental rights, like free speech, or when reviewing legislation directed,...

This morning the Supreme Court will hear oral argument in Artis v. District of Columbia, a civil-procedure case that involves the effect of a tolling provision in the federal supplemental-jurisdiction statute on litigants who want to pursue state-court claims after related federal claims have been...

Many insurance policies contain a war exclusion precluding coverage for loss caused by war. But in world where violent conflicts involve a wide variety of different groups and parties, what exactly constitutes “war”? In a recent coverage dispute presenting this issue, a federal judge concluded...

Imperial Palace and Nijubashi Bridge The D&O Diary is on assignment in Asia this week, with the first stop for meetings in Tokyo, Japan’s capital city. Tokyo is such an amazing place. With a population of 13.8 million in the city itself and a total of...

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