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15 Nov 2018, 8:05 am
Originalism, of course, is such a theory - one which adds temporal dislocation to the already-impossible task of trying to determine what is inside the heads of the People of New Hampshire; as if determining how the People of New Hampshire in 2018 would actually apply this abstract principle to events in the world of 2018 were not difficult enough, the notion of trying to determine how the People of New Hampshire in 2018 would apply this abstract principle to some set of… [read post]
9 Mar 2015, 8:15 am
” Cohen v. [read post]
29 Sep 2009, 4:40 am
People v. [read post]
18 Aug 2011, 2:55 am
And because “[l]evel of generality is destiny” in law, see Thomas More Law Center v. [read post]
8 Dec 2021, 5:00 am
By Eric SegallDuring the Supreme Court's oral argument in Dobbs v. [read post]
19 Feb 2016, 8:40 am
They wanted to use originalism to overturn Plessy v. [read post]
28 May 2008, 5:39 am
Justices Thomas and Scalia dissented, noting that section 1981 is an anti-discrimination statute that protects people from conduct based on "who they are" rather than "what they do" (engage in protected activity). [read post]
30 May 2022, 9:01 pm
We know that 187 people have been wrongly convicted in capital cases and ultimately exonerated since 1973.And there is little doubt that innocent people have been executed in this country.On Monday, May 23, in Shinn v. [read post]
24 May 2017, 10:46 am
But his contempt decision in Patterson v. [read post]
28 Feb 2012, 3:10 am
Consider Justice Scalia’s argument in his concurrence (joined by Justice Thomas) to Sosa v. [read post]
13 Nov 2023, 4:57 pm
To return to the words of Sir Thomas Bingham in John v MGN Limited which I referred to earlier, the impugned post did not touch on Ms O’Neill’s personal integrity, professional reputation, honour, courage, loyalty or the core attributes of her personality. [read post]
20 Apr 2017, 8:51 am
You surely recall the Hassell v. [read post]
21 Jan 2011, 4:09 am
And in Premo v. [read post]
29 Jul 2012, 8:01 am
It wasn't long before Justice Thomas Ruffin's opinion in State v. [read post]
24 Jul 2023, 9:15 am
Kincaid, which extended ADA protection to transgender people experiencing gender dysphoria. [read post]
3 May 2017, 10:47 am
State v. [read post]
27 Jul 2011, 12:08 pm
Thomas D'Arco? [read post]
24 Jun 2021, 10:00 am
Arthrex, case number 19-1452; and Arthrex v. [read post]
14 Feb 2008, 2:37 am
Lindor's legal defense in UMG v. [read post]
28 Nov 2021, 4:34 pm
Judgement was also handed down on meaning in Public Joint Stock Company Rosneft Oil Company v HarperCollins and Catherine Belthon [2021] EWHC 3141 (QB), the second libel claim to result from Putin’s People (above). [read post]