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4 May 2009, 10:17 am by Paul M. Rashkind
The court rejected the government’s focus on what the words necessarily imply (that is -- "John knowingly threw away the homework of his sister" does not necessarily imply that John knew the homework belonged to the sister) in favor of a test that looks at the words would ordinarily imply (that is -- that John knew whose homework it was). [read post]
9 Mar 2010, 3:49 am
Union can require non-members to contribute to union’s legal feesLocke et al. v. [read post]
15 Mar 2011, 10:07 am
  The statute says that state law is preempted when a crash occurs "on the high seas beyond three nautical miles from the shore of the United States. [read post]
20 Oct 2016, 6:09 am by Dan Tench
  Lord Toulson noted the frequently quoted words of Lord Hoffmann in R v Secretary of State for the Home Office, Ex p Simms [2000] 2 AC 115 that “Fundamental rights cannot be overridden by general or ambiguous words” and said importantly that “while Lord Hoffmann said that this presumption will apply “even” to the most general words, but I would say further that the more general the words, the harder it is… [read post]
9 Dec 2009, 11:49 am
However, based on the conclusion (or assumption) that Section 399(3) does not speak of consent in writing, the Court stated that the reasoning of the decision in Makhan Lal Jain v. [read post]
13 Sep 2016, 2:40 pm by Steven Boutwell
  The Legislature has never hesitated to expressly state its intent to legislatively overrule a Louisiana Supreme Court decision, when that is indeed its intent. [read post]
28 Aug 2017, 4:18 pm by INFORRM
Case law on the reporting on alleged irregularities in the conduct of State officials (Zakharov v. [read post]
16 Jun 2023, 6:30 am by Guest Blogger
  The book points out that neither the Federalist nor other early commentaries used the word “interposition” and that the term did not even surface in state protests against Chisholm v. [read post]
16 Oct 2024, 3:37 pm by Samuel Bray
The first use of the phrase was Canal Auth. of State of Fla. v. [read post]