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15 Nov 2018, 8:05 am by David Post
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]
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 Segall
By Eric SegallDuring the Supreme Court's oral argument in Dobbs v. [read post]
19 Feb 2016, 8:40 am by JB
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 by Austin Sarat
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]
28 Feb 2012, 3:10 am by Max Kennerly, Esq.
Consider Justice Scalia’s argument in his concurrence (joined by Justice Thomas) to Sosa v. [read post]
13 Nov 2023, 4:57 pm by INFORRM
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]
29 Jul 2012, 8:01 am by Alfred Brophy
 It wasn't long before Justice Thomas Ruffin's opinion in State v. [read post]
24 Jun 2021, 10:00 am by Eric Caligiuri
Arthrex, case number 19-1452; and Arthrex v. [read post]
28 Nov 2021, 4:34 pm by INFORRM
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]