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”   At least one court has compared the lack of clear standards to Justice Stewarts definition of obscenity: “I know it when I see it. [read post]
6 Feb 2011, 4:59 pm
Justice Groves quoted from a Newfoundland Court of Appeal decision on the requirements for independent legal advice as follows:[121] In Stewart [v. [read post]
17 Jan 2011, 6:07 pm by Lyle Denniston
Tuesday, the Supreme Court will hold one hour of oral argument on a basic issue of bankruptcy law, in the Justices’ second review of competing claims to a Texas  oil tycoon’s estate (Stern v. [read post]
12 Dec 2010, 8:42 pm by emagraken
Justice Stewart agreed the Plaintiff was entitled to these damages and assessed the loss at $425,000. [read post]
14 Apr 2010, 2:13 pm by Adam Thierer
Problems with the News Voucher Proposal While nudges might be less objectionable in circumstances where it’s objectively evident what’s really “good” for us, the same can hardly be said for media consumption. [read post]
13 Feb 2010, 1:32 pm by Scott W Lawrence
Olds, 39 Wn.2d 258, 260-61, 235 P.2d 165 (1951); see, e.g., State v. [read post]
9 Feb 2010, 1:20 pm by Meg Martin
Burke: The Justices wrote to address an issue raised by footnote 3 regarding whether failure to comply with the statute of limitations contained in § 1-39-114 deprived the court of jurisdiction. [read post]
This post is based on a Gibson Dunn client memorandum by Mark Schonfeld, John Sturc, Barry Goldsmith, Eric Creizman, Ladan Stewart, Akita St. [read post]
21 Jan 2010, 9:19 pm by MacIsaac
Justice Stewarts very specific reasons setting out why he rejected many of the defence positions advanced at trial and also for the Courts discussion of the law of adverse inference for failing to call a treating physician in an injury claim. [read post]
6 Oct 2009, 3:45 pm
In "Supreme Court's Regulatory Takings Case Draws Widespread Interest," the New York Times reports about yesterday's filings by amici supporting the government in the beachfront taking case, Stop the Beachfront Renourishment, Inc. v. [read post]
24 May 2009, 10:45 am
Since 1973, however, the Court has adhered to a three-part test it set forth in Miller v. [read post]
6 May 2009, 12:50 pm
Ohio and Justice Powell's [oops] Potter Stewart's dictum "I know it when I see it. [read post]
20 Apr 2008, 6:29 am
Fiss, The Supreme Court, 1978 Term--Foreword: The Forms of Justice, 93 Harv. [read post]
10 Nov 2007, 10:07 pm
Simmons, 543 U.S. 551 (2005).................. ....................................................... 30, 31, 33, 39 State v. [read post]
7 Sep 2007, 7:02 pm
I remember when the 10th Circuit Court of Appeals fined Timothy McVeigh's court-appointed appeals counsel for filing an overly long (226 page)brief. [read post]