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12 May 2009, 12:38 pm
That's been deleted in the most recent draft, and the Seventh Amendment is acknowledged as a constraint on what courts can do:In addition, in litigation to which the Seventh Amendment right to jury trial applies, the reconsideration of evidence across the aggregate proceeding and subsequent proceedings must respect the limitations of the Reexamination Clause, which provides that "no fact tried by a jury, shall be otherwise reexamined in any court of the United States,… [read post]
12 May 2009, 12:51 am
"In 1996, he bit a woman on her hand and tried to drag her into a car; in 1988, he bit a man on his thumb, and in 2003, he escaped from Herold's car and roamed downtown Stamford for hours before being captured. [read post]
10 May 2009, 12:41 pm
  About thirty states recognize a right to religous exemptions in general terms, either under the state Free Exercise Clause or under a state Religious Freedom Restoration Act. [read post]
8 May 2009, 8:22 pm
As to the charge that the lease was a violation of SEPA, you need to show a little bit more to get to a recall. [read post]
7 May 2009, 8:47 am
Years ago, a United States Supreme Court Judge tried to define pornography by saying that he knew it when he saw it. [read post]
6 May 2009, 6:59 pm
  Even for  individuals, the example cuts in the opposite direction from how Geoff tried to use it. [read post]
6 May 2009, 12:47 am
 Given the huge number of interesting, compelling, inspiring, and educational posts; I tried to group them into categories to make things more manageable and navigable. [read post]
4 May 2009, 4:16 pm
  Indeed, it is fair to say that I could not have done what I did with the course -- I could not have tried the direction that I tried -- without the gentle guidance and enthusiasm that she offered. [read post]
29 Apr 2009, 8:40 am
For section 5 to stand, Justice Kennedy would have to accept at least one of these three points: (1) empirical evidence cannot be gathered effectively, precisely because section 5 has been such a good deterrent, and any attempt to compare covered v. non-covered jurisdictions now is bad social science because, as Ellen Katz put it, one patient has undergone treatment and the other has not; (2) Congress is entitled to substantial deference, perhaps especially in the area of eradicating the effects of… [read post]
26 Apr 2009, 11:24 am
State authorities are displeased that Schmidt wasn't tried as an adult and given a life sentence, so they hope to circumvent the maximum detention period that applies to juvenile offenses by arguing that Schmidt is just too dangerous to release. [read post]
25 Apr 2009, 11:09 am
"Call upon witnesses to testify at hearing" (This sounds a bit Victorian. [read post]
23 Apr 2009, 8:12 pm
Court documents state Huber and Ouillette then crossed the street and tried to pick a fight with _____. [read post]
23 Apr 2009, 5:33 am
As they explained: Every Number One song ever written is only made up from bits from other songs. [read post]
20 Apr 2009, 11:56 pm
That last bit helps track down the grief voters. [read post]
20 Apr 2009, 10:56 pm
That last bit helps track down the grief voters. [read post]
20 Apr 2009, 9:12 pm
  Perhaps it's because I personally enjoy humor and think that a bit of snarkiness is funny, but I can occasionally be sarcastic. [read post]
16 Apr 2009, 6:53 pm
My wardrobe got quite a bit more relaxed, except for court-related activities. [read post]
16 Apr 2009, 2:56 pm
With the BC Provincial election less than a month away, the Government's existing carbon tax has stirred up quite a bit of controversy here. [read post]