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31 Oct 2011, 3:15 am by Steve Lombardi
Very few people would disagree that a valid reason for awarding punitive damages is to compensate the injured person for the indignity of the perpetrator’s act and that is reason enough to allow the claim to proceed against the estate. [read post]
9 Sep 2011, 12:13 am by Ben Reeve-Lewis
The inspirational trigger is me cooking meatballs in red wine and tomato sauce whilst listening to an argument on Radio 4’s ‘PM’ programme about planning permission v. [read post]
30 Aug 2011, 6:24 am by John Mikhail
In my previous posts (here and here), I drew attention to the frequently neglected fact that there are, in effect, three Necessary and Proper clauses in the Constitution, and I sketched a number of claims about the origin and meaning of these clauses, highlighting the distinction between the Foregoing Powers and All Other Powers provisions. [read post]
18 Jul 2011, 4:06 am by Max Kennerly
Proximate cause is established where the defendant’s conduct was a “substantial factor” in bringing about the injury (Stewart v New York City Health & Hosps. [read post]
11 Jul 2011, 7:16 am by Steve Hall
What became known as the Baldus study was the centerpiece of the Supreme Court’s 1987 decision in McCleskey v. [read post]