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  Further, the Court held that the implication of a term is not dependent on proving the intention of the actual parties, but rather on what notional “reasonable people” in the position of the parties at the time of contracting would have agreed. [read post]
30 Jun 2021, 7:14 pm by Eric Goldman
In other words, people who try to cloak censorial regulations as pro-free speech are actually trampling on the Constitution. [read post]
5 Feb 2014, 5:11 am by Matthew L.M. Fletcher
Here is the abstract: In 2012, the Inter-American Court of Human Rights handed down Sarayaku v. [read post]
27 Jun 2012, 2:10 pm by Bill Otis
 But for those worried that Miller is nothing more than the continuation of the slow chipping away of both capital punishment and LWOP, with Justice Kennedy providing the key vote (see Roper and Kennedy v. [read post]
27 Oct 2016, 10:33 am by Shannon Togawa Mercer
It is more likely than not that the U.K. will be negotiating its way toward the brick wall if it believes it has any chance at remaining committed to three of the four freedoms that are key to the EU (the free movement of goods, capital, and services) but exiting as to the fourth: the free movement of people. [read post]
22 Feb 2011, 6:19 pm by Heidi Meinzer
  Well, the California Supreme Court placed Chung v. the People of California on hold pending its decision in Troyer. [read post]
9 Jan 2008, 7:21 am
On Monday I attended the oral argument before the Supreme Court in Baze v. [read post]
6 Mar 2009, 4:41 am
We have recently gotten some of the key papers in a contested Philadelphia case involving a University of Pennsylvania student, Motown Record Company v. [read post]