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27 Feb 2013, 9:20 am
Justice Thomas, Scalia and Kennedy dissented. [read post]
27 Feb 2013, 8:57 am
Viewing this case objectively, is the malpractice claim against the plaintiffs' attorney really all that surprising? [read post]
26 Feb 2013, 6:17 pm
In Justice Breyer’s view, they were anything but “speculative. [read post]
26 Feb 2013, 8:42 am
Also, a person having Fascist sympathies or convictions; (loosely) a person of right-wing authoritarian views. [read post]
25 Feb 2013, 2:33 pm
That is to say, it refutes the view held by Justices Scalia and Thomas that the language was understood as covering only methods of punishment, those that inflict a tortuous or lingering death or inflict pain for pain’s sake. [read post]
25 Feb 2013, 1:35 pm
Why, then, did 8 Justices (all but Justice Thomas) refuse to pull the trigger in NAMUDNO and invalidate Section 5? [read post]
23 Feb 2013, 7:06 am
The major players range from Friedrich Savigny and Rudolf von Jhering in Germany to James Barr Ames, Melville Bigelow, James Coolidge Carter, Thomas M. [read post]
23 Feb 2013, 6:24 am
” Here Graber, like Thomas Hobbes, eschews the summum bonum and replaces it with the summum malum. [read post]
22 Feb 2013, 10:49 am
Thank you also to Thomas Worthy, Governor Deal's Deputy Executive Counsel, for joining us. [read post]
22 Feb 2013, 6:14 am
Sir Thomas More: Oh? [read post]
22 Feb 2013, 6:14 am
Sir Thomas More: Oh? [read post]
21 Feb 2013, 12:44 pm
Once we determine that the Cruel and Unusual Punishments Clause was originally understood as containing some requirement of proportionality, and the overwhelming evidence is that it does (I will explain in a later post why the Scalia-Thomas view to the contrary is erroneous), the difficult task is determining the benchmark: to what do federally imposed punishments have to be proportionate? [read post]
21 Feb 2013, 7:26 am
legalweek Whilst I was otherwise engaged, the media and blogosphere exploded yesterday with fallout from the jury discharge in the Vicky Pryce case. [read post]
20 Feb 2013, 4:14 pm
That illustrates how flexibly southerners viewed the Constitution and the ideas supporting it. [read post]
20 Feb 2013, 1:19 pm
Thomas Fischl and Katharina Weimer. [read post]
20 Feb 2013, 12:43 pm
Taco BellFranchisor Isn't Liable Under the TCPA for Franchisees' Text Message Campaign – Thomas v. [read post]
20 Feb 2013, 11:54 am
It later may have seemed Breyer was probing for a response he didn't get more so than announcing his view of the case. [read post]
19 Feb 2013, 9:01 pm
It also describes the oral argument—in which the Supreme Court seemingly signaled its disagreement with the Texas Supreme Court’s view—and predicts that the Court will reverse the Texas Supreme Court. [read post]
19 Feb 2013, 2:00 pm
Thomas, 512 F.3d 383, 388 (7th Cir. 2008). [read post]
18 Feb 2013, 5:00 pm
The six-to-three opinion by Justice Thomas was joined by Chief Justice Roberts, Justice Scalia, Justice Kennedy, Justice Ginsburg, and Justice Alito. [read post]
