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16 Oct 2020, 8:24 am by Danielle D'Onfro
Justice Samuel Alito asked whether moving cars among impound lots would be an action. [read post]
12 Oct 2020, 6:30 am by Sandy Levinson
For the Balkinization Symposium on  Alexander Keyssar, Why Do We Still Have the Electoral College? [read post]
18 Sep 2020, 2:23 pm by Nathan Dorn
Commentaries on the conflict of laws, foreign and domestic, in regard to contracts, rights, and remedies, and especially in regard to marriages, divorces, wills, successions, and judgments. [read post]
17 Sep 2020, 2:40 pm by Bridget Crawford
Johnson ProfMEJohnson1 Baltimore Clinical Teaching     Robert Knowles ProfKnowles Baltimore Civil Procedure National Security Law   Colin Starger ColinStarger Baltimore       Nadia Ahmad nadiabahmad Barry Property Environmental Law Corporate Law Wes Henricksen Henricksen Barry Torts Health Law Environmental Loren Mulraine LorenMulraine Belmont Entertainment Law Media Law Intellectual property Jeffrey Usman Prawfish Belmont      … [read post]
24 Aug 2020, 5:30 am by Daniel E. Cummins, Esq.
 The court in Samuel also held that averments of recklessness and wanton or willful behavior may also be properly pled to counter claims of comparative or contributory negligence. [read post]
18 Aug 2020, 7:53 am by Rebecca Tushnet
JBT argued that the relevant purchasing public was exceptionally narrow, limited to the design firms, the contractors working with the military, and the military itself, and the court was willing to make that inference, but “it remains unclear to the court how small is small. [read post]
11 Aug 2020, 6:00 am by Guest Blogger
My favorite examples come from Chief Justice Charles Evans Hughes and Justice Samuel Alito, neither of whom is a slouch at legal analysis. [read post]
10 Aug 2020, 8:20 am by Kim Colby
The Equality Act’s proponents are willing to forfeit all Americans’ religious freedom in order to suppress religious dissent. [read post]
24 Jul 2020, 7:55 pm by Amy Howe
The ruling drew sharp dissents from the court’s more conservative justices, with Justice Samuel Alito writing that although the “Constitution guarantees the free exercise of religion,” it “says nothing about the freedom to play craps or blackjack. [read post]
22 Jul 2020, 2:00 am by Daniel E. Cummins, Esq.
R.C.P. 1019(b), “an example of a condition of the mind that may be averred generally is ‘wanton conduct’ and that “because recklessness is also known as ‘wanton and willful misconduct,’ ‘recklessness’ is a condition of the mind that may be averred generally. [read post]
13 Jul 2020, 5:01 am by Emma Broches, Julia Solomon-Strauss
The United States faces a growing terrorism problem from the far right and white supremacists. [read post]
And two more justices—Samuel Alito and Clarence Thomas—while also rejecting the claimed absolute immunity, both dissent on theories that the court owed the president more solicitude than it showed. [read post]
7 Jul 2020, 8:24 am by Eugene Volokh
Washington, historian Caroline Weber, historian Randi Weingarten, American Federation of Teachers Bari Weiss Sean Wilentz, Princeton University Garry Wills Thomas Chatterton Williams, writer Robert F. [read post]
Park East Movers, 19 N.Y.2d 373, 379, 227 N.E.2d 40, 43 (N.Y. 1967), the court rejected a truck driver’s claim of occupational disease for catching tuberculosis from a mover because “the hazard was [the mover], not any peculiar feature of claimant’s employment as a truck driver”.The one area where courts have been willing to find infection as a covered occupational disease concerns healthcare workers. [read post]
24 Jun 2020, 7:20 am by Cameron Kerry, John B Morris, Jr.
These are the kinds of injuries that have had a history in common law and statutory law since Samuel Warren and Louis Brandeis wrote their foundational law review article, “The Right to Privacy,” in 1890. [read post]
18 Jun 2020, 9:44 am by Amy Howe
It has been eight years since the Obama administration created the Deferred Action for Childhood Arrivals program, known as DACA, which allows undocumented young adults who came to the United States as children to apply for protection from deportation. [read post]
15 Jun 2020, 12:32 pm by Amy Howe
Justices Clarence Thomas and Samuel Alito noted publicly that they would have granted the government’s petition, but there is no way to know how the other justices voted, or why the court delayed action on the petition. [read post]
12 Jun 2020, 3:00 am by Jim Sedor
How the Black Lives Matter Movement Went Mainstream MSN – Jose Del Real, Robert Samuels, and Tim Craig (Washington Post) | Published: 6/9/2020 The three words were once a controversial rallying cry against racial profiling and police violence. [read post]