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17 Jun 2022, 2:09 pm by admin
” The authors begin their analysis of specific causation with a brief acknowledgement that our legal system could abandon any effort to set standards or require rigorous thinking on the matter by simply leaving the matter to the jury.[9] After all, this laissez-faire approach had been the rule of law for centuries. [read post]
15 Jun 2022, 2:15 pm by Mills & Mills LLP
Factors to be considered In determining the best interests of the child, the court shall consider all factors related to the circumstances of the child, including: (a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;(b) the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the… [read post]
15 Jun 2022, 8:03 am by Jonathan H. Adler
A new administration is of course as a general matter entitled to do that. [read post]
14 Jun 2022, 9:45 am by Eugene Volokh
From today's opinion from New York's high court in In the Matter of Nonhuman Rights Project, Inc., written by Judge DiFiore: For centuries, the common law writ of habeas corpus has safeguarded the liberty rights of human beings by providing a means to secure release from illegal custody. [read post]
8 Jun 2022, 9:02 pm by Neil H. Buchanan
” It is all a matter of what we come to accept.Speaking of Reagan, Paul Krugman made a great point in a recent newsletter (behind a subscription paywall, unfortunately), noting that in the 1980s the Republicans “were strutting around boasting about their victory over inflation, and the public didn’t see inflation as a major concern. [read post]
7 Jun 2022, 9:01 pm by Neil H. Buchanan
There has already been an outpouring of commentary on the leaked opinion in the Supreme Court’s pending Dobbs case, in which Samuel Alito (apparently joined by four of his colleagues) will not only decide that Mississippi’s 15-week cutoff for abortion access is constitutional but that Roe v. [read post]
5 Jun 2022, 6:45 am by Russell Knight
Contribution hearings can be asked for whenever an Illinois family law matter is effectively finalized. [read post]
31 May 2022, 6:43 am by familoo
Meanwhile, further down the judicial corridor, Holman J took a different view. [read post]
25 May 2022, 9:09 am by Eric Goldman
This opinion gives the Supreme Court another reason to intervene in the Texas case on the shadow docket; or if the Supreme Court defers the matter, the opinion sets up a likely circuit split that can support granting certiorari. [read post]
20 May 2022, 1:56 pm by David Kopel
That tradition is a living thing. 367 U.S. 497, 542 (1961) (Harlan, J., dissenting) (emphasis added). [read post]
6 May 2022, 6:10 am by Noah J. Phillips
[Closing out Week Two of our FTC UMC Rulemaking symposium is a contribution from a very special guest: Commissioner Noah J. [read post]