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7 Nov 2014, 5:52 am
  So what follows is our best interpretation of the position of the fifty states (plus DC and Puerto Rico) on whether any presumption arises when a plaintiff claims an inadequate warning (almost every case) that a hypothetical warning (never in fact given) would have been heeded.One thing we have discovered of particular note (at least to us), is that the heeding presumption is an area where the federal courts have run amok, ignoring their obligations under the Erie Doctrine to leave… [read post]
Supreme Court in this Term’s most important case addressing the First Amendment’s Establishment Clause, Town of Greece v. [read post]
17 Oct 2011, 1:46 am by INFORRM
  The second, was the trial of a preliminary issue on meaning in the case of Miller v Associated Newspapers. [read post]
2 Nov 2015, 11:01 am by Eugene Volokh
(Note there is some oversimplification below; for instance, the rules are different when the defender is actually the initial aggressor, for instance if D attacks V, V fights back, and then D kills V in “self-defense. [read post]
27 Apr 2015, 8:59 am by WIMS
<> Can the World Run on Renewable Energy? [read post]
2 Jun 2023, 5:36 am by Mary Anne Peck
But with the case hanging in the balance, and the Supreme Court’s decision last year overturning Roe v. [read post]