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12 Nov 2018, 1:00 pm
It's a holiday today -- even though many of us (myself included) nonetheless remain hard at work -- so no published cases today.But this death penalty case from Friday reminds us that cases -- even (and perhaps especially) death penalty cases -- are straightforward and easy when you don't have all the facts.The knifing murder of a pregnant woman and her baby during a botched nighttime burglary is surely a terrible crime. [read post]
6 Apr 2020, 3:40 pm
I thought there might be nothing published today -- as was the case until late this afternoon --except an excruciatingly boring California Supreme Court opinion about whether excess insurance policies that govern multiple coverage years are subject to horizontal or vertical exhaustion rules. [read post]
25 Jul 2019, 12:35 pm by Tom Smith
“Congress has expressly authorized the death penalty through legislation adopted by the people’s representatives in both houses of Congress and signed by the President,” Barr said in a statement. [read post]
27 May 2016, 11:23 am
The Ninth Circuit unanimously grants habeas relief because the state court erroneously discharged a juror.The Supreme Court reverses and remands.The Ninth Circuit then issues a brief order dismissing the habeas petition pursuant to its view of the Supreme Court's instructions.The Supreme Court then reverses and remands again.Today, the Ninth Circuit tries to make the third time the charm. [read post]
12 Oct 2008, 11:59 am
Conservative scion Christopher Buckley thinks that John McCain has sold his soul, and gotten little in return. [read post]
8 Apr 2009, 7:59 am
Extending marriage to same-sex couples would boost the District of Columbia's economy by over $52.2 million over three years, which would generate increases in local government tax and fee revenues by $5.4 million and create approximately 700 new jobs, according... [read post]
9 May 2019, 5:28 pm by Tom Smith
The problem is that the contempt action against Barr is long on action and short on contempt. [read post]
30 Dec 2019, 5:52 am by Patrick S. O'Donnell
Religious nationalism—be it Zionist (at least most of its forms, the exceptions being rather unpopular if not existing only on paper), Judeo-Christian, Hindu, Buddhist, what have you—is extremely dangerous wherever it rears its hydra-headed individual and group pathologies, and thus not only, say, in Israel, Iran, India, Myanmar, or Poland, but in the U.S. as well. [read post]
12 Mar 2023, 3:17 pm by Tom Smith
Judge Duncan continued:I hope a similar apology is tendered to the persons in the Stanford law school community most harmed by the mob action: the members of the Federalist Society who graciously invited me to campus. [read post]
21 Oct 2011, 9:27 am
Here's proof that you can write a coherent and comprehensive opinion in less than a half-dozen pages of double-spaced text. [read post]