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14 Jun 2019, 3:22 pm
[Lunney characterizes natural rights arguments about fairness as “utilitarian arguments for people unable to do math”—but of course none of us can really do math, in the sense required for doing utility calculations that would take into account all the knowns and unknowns, especially at the level of detail required to distinguish two fairly similar policies from one another. [read post]
14 Jun 2019, 1:57 pm
How do we determine the lower level, more specific principles entailed by moral intuitions? [read post]
14 Jun 2019, 8:27 am
Graham v. [read post]
13 Jun 2019, 9:01 pm
In ALDF v. [read post]
13 Jun 2019, 3:31 pm
State v. [read post]
12 Jun 2019, 3:21 pm
” Hawaii Stevedores, Inc. v. [read post]
12 Jun 2019, 1:25 pm
These flaws likely will not be evident to reporters from the trial record (which is another reason to be cautious when covering trials up front), but typically will arise in appellate arguments down the line.Failing to disclose exculpatory evidence: Brady v. [read post]
12 Jun 2019, 7:43 am
§ 3156) in United States of American v. [read post]
12 Jun 2019, 12:57 am
Third, rents at these levels minimise the requirement for housing benefit, making it easier for people to make work pay. [read post]
11 Jun 2019, 5:02 am
We cite Rumsfeld v. [read post]
10 Jun 2019, 2:11 pm
Justice Oliver Wendell Holmes noted in Biddle v. [read post]
10 Jun 2019, 10:11 am
Supreme Court ruled in the case of Craig v. [read post]
10 Jun 2019, 4:00 am
Notably, the petitioner did not testify that she had directed any of her aides to specifically supervise the student at the time of the incident.Under these circumstances, substantial evidence supports the determination of the Justice Center that the petitioner committed category three neglect (see Matter of Williams v New York State Justice Ctr. for the Protection of People with Special Needs, 151 AD3d at 1356-1357; see also Matter of Kelly v New York State Justice… [read post]
9 Jun 2019, 7:30 am
Pozen is certainly correct that there is increasing discussion among academics and a few pundits and politicians about reforming the electoral college, but I think it remains to be seen whether it will genuine “gain traction” or simply founder on the shoals either of Article V, insofar as some of the proposed changes would undoubtedly require constitutional amendment, or on the determination by the Republican Party that the GOP probably benefits from continued… [read post]
8 Jun 2019, 7:05 pm
The statements, widely quoted, were also tinged with irony, a large dollop of poking fun, and a bit of reaction:When asked if he thought China’s relationship with the US should be adjusted as globalisation has come under pressure, Xi said: “More than 10,000 people fly between China and the US on a daily basis, which is about 4 million [people] a year. [read post]
7 Jun 2019, 12:48 pm
The California Supreme Court’s 2008 opinion in Ross v. [read post]
7 Jun 2019, 12:06 pm
On the "low level litigation" front, here's a neat little published opinion from the Appellate Division of the Superior Court. [read post]
7 Jun 2019, 9:48 am
State v. [read post]
7 Jun 2019, 8:20 am
In State v. [read post]
7 Jun 2019, 6:30 am
There legal academy, for better or worse, was dominated by liberals; defenders of the Old Order represented, say, by the attack on the New Deal leveled by the Supreme Court were by-and-large absent. [read post]