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12 May 2011, 11:23 am by Orin Kerr
(Orin Kerr) In their posts below, both Jonathan Adler and Randy Barnett suggest that it’s okay for the proposed activity/inactivity distinction to be unclear because the “actus reus” distinction has been unclear for a long time and the world hasn’t ended. [read post]
30 Dec 2006, 5:09 am
Jonathan Adler beat me to talking about this Ohio Supreme Court case, but I think it presents an interesting example of "hard facts make bad law"—and, in this case, the plaintiff, an especially undeserving fellow, should have won, but didn't. [read post]