A recent blog post advocating using Artificial Intelligence (“AI”) to “automate” criminal appeals instead raises the concern that common flaws in contemporary judicial decision-making will only get worse if we cede legal...more
On September 7 the District of Columbia Court of Appeals reached an important issue about the D.C. Anti-SLAPP Act that it had reserved a few months earlier. In Banks v. Hoffman, the Court held “the discovery-limiting aspects...more
On April 13, 2023, the en banc District of Columbia Court of Appeals issued its decision in response to a certified question from the Second Circuit. Rather than weighing in directly on whether former President Trump’s...more
The Justice Department’s invited amicus curiae brief in Blassingame v. Trump1 exposes another anomaly in treating the President’s scope of employment as a question of state tort law for purposes of the Westfall Act. In...more
On January 11, the full complement of active judges of the District of Columbia’s highest court spent more than two and a half hours hearing oral argument about the District’s respondeat superior liability standard in Trump...more