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22 Feb 2021, 5:00 am by Daniel E. Cummins, Esq.
Jan. 20, 2021) (Op. by Saylor, C.J.), the court addressed the current status of the law in Pennsylvania regarding res judicata and the collateral estoppel doctrine in a case involving a tax appeal. [read post]
11 Feb 2021, 2:35 pm by Josh Blackman
How "reduced" is a matter about which reasonable minds can, have, and do disagree. [read post]
2 Feb 2021, 6:30 am by Guest Blogger
Its “balancing test” invited judges to weigh “imponderable values,” he said, and required them “to act as legislators, not judges” in assessing the benefit side of the cost-benefit equation.[7]All that mattered under Casey’s undue burden test, the chief justice insisted, was whether a challenged law imposed a substantial obstacle on a woman’s access to an abortion before fetal viability. [read post]
3 Nov 2020, 5:42 am
”[8] The Supreme Court does not, as a general matter, review state court judgments resting on state law.[9] “A State’s highest court,” it has repeatedly held, “is unquestionably the ultimate expositor of state law. [read post]
3 Nov 2020, 5:42 am by bhorton
”[8] The Supreme Court does not, as a general matter, review state court judgments resting on state law.[9] “A State’s highest court,” it has repeatedly held, “is unquestionably the ultimate expositor of state law. [read post]
30 Oct 2020, 12:27 pm by Josh Blackman
Would anyone defend the Bluebook as a matter of first principles? [read post]
30 Oct 2020, 5:32 am by Will Baude
This is a judgment that authors, editors, and readers must make as a matter of substance, in evaluating particular cases—not a question of style that should be imposed on them as a matter of course. [read post]
20 Oct 2020, 3:42 pm by Eugene Volokh
Bay (Roberts, C.J., concurring) (Court "grants judicial intervention that has been withheld by lower courts" only "where the legal rights at issue are indisputably clear and, even then, sparingly and only in the most critical and exigent circumstances" (internal quotation marks omitted)).} [read post]
18 Oct 2020, 11:31 am by Jonathan H. Adler
Ct. at 2135 (Roberts, C.J., concurring in the judgment) (quoting Casey, 505 U.S. at 878 (joint opinion)). [read post]
Instead, all the Justices merely offered their conclusions on these matters, with five Justices expressing a view in one direction. [read post]
1 Oct 2020, 12:35 pm by Daniel E. Cummins, Esq.
Co., 751 F.3d 129 (3d Cir. 2014),to consider relative to the question of whether a federal district court should accept jurisdiction over a declaratory judgment action, the court in this matter granted the insured's motion to remand the matter to state court.Anyone wishing to review this decision may click this LINK.I send thanks to Attorney Scott Cooper of the Harrisburg, PA office of Schmidt Kramer for bringing this decision to my attention. [read post]