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13 Sep 2011, 9:50 am by Bill Callison
 Before discussing the CML V, LLC case further, it may be useful to provide an attenuated, stylized outline of prior Delaware fiduciary-duty-to-creditor cases:  1. [read post]
17 Nov 2017, 8:58 am
This was not immediately clear because the point arises from the Paris Convention, which may or may not permit of equity. [read post]
2 May 2019, 3:10 pm by Heather Donkers
” Where the accused is not believed or does not testify, his state of mind may be based on evidence of secretiveness or stealth, or may be inferred from the relevant circumstantial evidence. [read post]
21 May 2007, 1:57 pm
Yeah, that's a pain, but it happens incredibly rarely, and it's better to retry than to deprive someone of an appeal because the state/court reporter screwed up.A very short opinion; only five doubled-spaced pages. [read post]
10 May 2011, 12:55 pm
"Which reminded Justice Aaronson of a hypothetical that Justice Mosk authored in the NYU Law Review:"Judge:  I sentence you to 200 years in state prison. [read post]
15 Jun 2010, 11:53 am
The California state court judge repeatedly told the jurors to leave all their life experiences in a metaphorical "box" outside the jury room when they were deciding the case. [read post]
31 May 2007, 1:15 pm
For comparison's sake, the United States Supreme Court held in Simmons that a defendant's incriminating statements in support of a motion to suppress on Fourth Amendment grounds (e.g., an admission that he owned the suitcase in which the drugs were found) weren't admissible at trial, holding that it's "intolerable that one constitutional right should have to be surrendered in order to assert another. [read post]
21 Mar 2011, 4:00 am by Ted Folkman
I chose the case of the day, Starski v. [read post]
29 Apr 2009, 5:02 am
The State charged and convicted Barrios of capital murder, but did not seek the death penalty. [read post]
27 Jan 2011, 6:35 pm by Lawrence Solum
Here is the abstract:In Graham v Florida, a Florida state prisoner asked the Supreme Court to hold that the Cruel and Unusual Punishments Clause of the Eighth Amendment categorically precludes the imposition of life-without-parole sentences for any juvenile offender who has committed a nonhomicide offense. [read post]