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18 Jan 2022, 5:01 am by Eugene Volokh
The gardener's relatives sue Danielle for wrongful death, claiming her actions created a risk of injury by foreseeably enraging Craig.[5] And a version of this problem arises with the "duty to retreat" that thirteen states still recognize in self-defense cases, and the more general "duty to comply with a negative demand" that seven states still recognize. [read post]
18 Dec 2021, 1:49 pm by mdkeenan
To be convicted of DUI, the state must prove beyond a reasonable doubt that you were 1) driving while 2) under the influence. [read post]
7 Dec 2021, 8:44 am by Eugene Volokh
I'll begin by laying out a few categories of situations where the risk of reputational harm is especially serious, and then summarize the state of court decisions on the subject. [1.] [read post]
4 Nov 2021, 5:37 am by Eugene Volokh
And litigation of course deploys the coercive power of the state, even as it also accomplishes private goals. [read post]
2 Nov 2021, 12:26 am by David Kopel
Supreme Court gets ready to hear New York State Rifle and Pistol Association v. [read post]