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    How Agency Science is Under Threat

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    The Environmental Protection Agency has a tradition of scientific excellence. EPA has led groundbreaking research on acid rain, lead, chemical safety, and many other public health and environmental issues. However, in the last four budget cycles, the Trump administration has proposed slashing funding for EPA research programs. When Congress has refused, administration officials have sought to prevent, hide, and discredit research in other ways. They have been remarkably successful despite the existence of agency policies designed to protect researchers against political interference

    Conference on Best Practices for Managing \u3cem\u3eDaubert\u3c/em\u3e Questions

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    This article is a transcript of the Philip D. Reed Lecture Series Conference on Best Practices for Managing Daubert Questions, held on October 25, 2019, at Vanderbilt Law School under the sponsorship of the Judicial Conference Advisory Committee on Evidence Rules. The transcript has been lightly edited and represents the panelists’ individual views only and in no way reflects those of their affiliated firms, organizations, law schools, or the judiciary

    A Family Guide to Distance Learning

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    Your partnership with your school is critical during distance learning. When your child experiences most schooling at home rather than in a classroom, your family\u27s relationship with the school changes. You may have a greater window into what and how your child is learning, and you are likely to take a role that you rarely or never play during in-person schooling. And, you\u27re likely to perform your usual roles in new ways. Your family is up to the task. This new school year provides an opportunity for you to forge a stronger partnership with your school – the kind that can help you and the school make distance learning work for your child and all students. This guide provides a starting point to use when creating intentional partnerships in this new setting

    Standing Rock Legal Team at Columbia Law School Challenges Delaying Trial For Qualified Immunity Appeal

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    New York, October 26, 2020 — Counsel for Standing Rock civil rights plaintiffs are challenging any additional trial delay, arguing that neither the doctrine of qualified immunity nor its underlying policy goals support staying discovery in Thunderhawk v. County of Morton, North Dakota. Trial has been set for August 16, 2021

    Costs Allocation in International Arbitration: What Normative Source, If Any?

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    Costs in arbitration is one of those many issues that arises constantly (at least in any arbitration that gets underway), but as to which there is by no means any universally accepted standard of judgment. It is also not particularly usual for parties to address the issue of costs directly in their arbitration agreement, or for the matter to be addressed in the law of arbitration of the seat. If the rules of arbitral procedure that the parties may have incorporated into their arbitration agreement address the matter, they may not do so in highly informative terms. The Rules of the AAA’s International Center for Dispute Resolution (ICDR) provide as follows: Article 34: Costs of Arbitration The arbitral tribunal shall fix the costs of arbitration in its award(s). The tribunal may allocate such costs among the parties if it determines that allocation is reasonable, taking into account the circumstances of the case. Under this approach, the decision is left to the Tribunal’s unfettered discretion. (The UNCITRAL Rules on International Commercial Arbitration, cited below, are somewhat more constraining.) Of course, costs is also not viewed as a “merits” matter and so is not governed by the law of the contract (whether selected by the parties or determined through the operation of choice-of-law rules)

    How Law Schools Are Encouraging Students To Go In-House

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    While speaking to Columbia Law School students, a former Con Edison general counsel shared a pro tip from her in-house career: It\u27s up to corporate counsel to first understand the company\u27s needs, and then help the business achieve those goals

    The Handmaid of Justice: Power and Procedure in the Inferior Courts

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    Summing up the history of procedure from the codification movement of the nineteenth century to the Federal Rules practice of today, Robert Bone observed, “Each generation of procedure reformers, it seems, diagnoses the malady and proposes a cure only to have the succeeding generation’s diagnosis treat the cure as a cause of the malady.” While playfully highlighting the contingencies and unexpected consequences of procedural history, Professor Bone was not advocating a cyclical view of history, in which “cost and delay” continually recur as the bugaboos of procedural reformers who can’t quite figure out how to solve the problem. Instead, Bone called on proceduralists to recognize that history mattered and moved in procedure. The cost and delay that the codifiers complained of were not the same costs and delays that mattered to the pragmatists of a later era, whether those costs involved the source of procedural law, the uniformity of rules across the national courts, or the fusion of legal and equitable remedies. Legal norms in these and other respects evolved, and Professor Bone counseled that “[t]he hope for the future lies in recognizing that procedural decisions require complex value choices no less controversial than those underlying substantive law and that those value choices in turn require the proceduralist to have thought through deeper jurisprudential questions concerning the nature of law and its relation to social life.

    BU S1E05

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    Line art image of Ira M. Millstein \u2749, founding chair of Columbia Law School\u27s Ira M. Mlllstein Center for Global Markets and Corporate Ownership.https://scholarship.law.columbia.edu/beyond_unprecedented_podcast/1013/thumbnail.jp

    BU S1E03

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    Line art image of Edward R. Morrison and Kate Waldock.https://scholarship.law.columbia.edu/beyond_unprecedented_podcast/1009/thumbnail.jp

    BU S1E01

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    Line art image of Michael Graetz, Columbia Alumni Professor of Tax Law at Columbia Law School.https://scholarship.law.columbia.edu/beyond_unprecedented_podcast/1002/thumbnail.jp

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