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17 May 2024, 5:01 am by Eugene Volokh
Smith, decided yesterday by the Appellate Court of Maryland (Judges Kathryn Grill Graeff, Kevin Arthur, and James Eyler): In the light most favorable to Edokobi, the complaint alleged, generally, three claims: first, during an argument in front of two of Edokobi's employees about payment for work Smith had performed, Smith called Edokobi "a piece of garbage. [read post]
9 May 2024, 9:01 pm by Austin Sarat
Despite promises that nitrogen would kill quickly and painlessly, media witnesses to the January execution of Kenneth Eugene Smith suggest it was anything but quick and painless.Marty Roney of the Montgomery Advertiser reported that “Kenneth Eugene Smith appeared to convulse and shake vigorously for about four minutes after the nitrogen gas apparently began flowing through his full-face mask in Alabama’s death chamber was another 2 to 3… [read post]
9 May 2024, 10:32 am by Eugene Volokh
Judge Milan Smith dissents, concluding that pre-Bruen Ninth Circuit precedent categorically holds that all felons lack Second Amendment rights; the majority and the dissent disagree on whether Bruen overruled that precedent. [read post]
16 Apr 2024, 1:00 pm by Eugene Volokh
Wong, written by Judge James Ho and joined by Jones, Smith, Duncan, and Engelhardt: States have a profound interest in protecting the innocence of children from various adult activities. [read post]
28 Mar 2024, 2:21 pm by Eugene Volokh
Smith intends to expand the scope of 303 Creative's services to include the design, creation, and publication of wedding websites. [read post]
26 Mar 2024, 11:15 am by Eugene Volokh
., decided Friday by the New Jersey appellate court (Judges Morris Smith and Lisa Perez-Friscia), an Orthodox Jewish couple divorced, and in the midst of the divorce proceedings agreed to religious arbitration as to whether the husband had to give the wife a "get" (the Jewish religious divorce that is required for a divorce to be viewed as valid within the Orthodox community). [read post]
29 Feb 2024, 8:26 am by Jonathan H. Adler
United States, in which Donald Trump has been trying to argue that he is immune from prosecution for acts taken while he was President (as Eugene noted here). [read post]
21 Feb 2024, 7:46 am by Eugene Volokh
[The decision allows such pseudonymity when the defendant has already been found (by default judgment) to have committed the assault, but Judge Wilkinson's concurrence argues that, absent this unusual factor, one-sided pseudonymity should be frowned on.] [read post]
20 Feb 2024, 12:36 pm by Eugene Volokh
Bonta, decided today [Sept, 13, 2023] by Ninth Circuit Judge Kenneth Lee, joined by Judges Randy Smith and Lawrence VanDyke: This case is not about whether children can buy firearms. [read post]
19 Feb 2024, 12:04 pm by John Floyd
  Kenneth Eugene Smith was terrified about death by nitrogen hypoxia. [read post]
Harcourt, counsel for death row inmate David Phillip Wilson, asserted in the Thursday lawsuit that the results of Kenneth Eugene Smith’s January execution demonstrate that “nitrogen gas asphyxiation is neither quick nor painless, but agonizing and painful. [read post]
16 Feb 2024, 12:00 pm by Eugene Volokh
From Massachusetts judge Brian Davis's opinion Monday in Smith v. [read post]