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The Crime-Fraud Exception

Advisory Opinions

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Can a State Be Represented by Two State Entities?

The question the supreme court is, can a state be represented by two separate state entities? Ah, and look, the oral argument was actually really interesting. David thompson argued for the state of north carolina. And i would say one of the big problems for him was this idea of like, ok, but is it the first legislators who tries to intervene? What about the fourth legislator who tries to intervened? He said no, the first one who walks through the door with that separate interest gets to be the intervener. Which i think sets up some odd incentives on the ye.

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