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24 Mar 2011, 9:00 am by Record on Appeal
Yesterday, March 23, 2011, the Hawaii Supreme Court accepted cert in a case styled In the Matter of Richard Blaisdell, No. [read post]
3 May 2010, 3:52 pm by Gerard Magliocca
 Except in Blaisdell that argument is hard to make because, from an originalist point of view, he was right. [read post]
7 Jan 2011, 4:30 am by Jim Dedman
Since it’s not a criminal matter and he’s agreed to pay, they haven’t released his name. [read post]
9 Dec 2022, 11:30 am by Stephen E. Sachs
A state might decide to void new NDA contracts in this way, as a matter of public policy. [read post]
14 Jan 2023, 6:30 am by Guest Blogger
My sense of the matter is that it came into law from the physical sciences via law-and-economics, a subdiscipline with its own pretensions (at least in its early years) to science. [read post]
17 Oct 2010, 3:09 pm by Sandy Levinson
Trouble cases for liberals include, say, smokers (in today's world) or mountain climbers: As a matter of fact, I have no hesitation in saying that any mountain climber rescued by the state should be liable for the full cost of the rescue, unless, for some inexplicable reason, we wish to encourage (and thus subsidize) mountain climbing. [read post]
12 Jan 2018, 2:48 pm by Will Baude
But that alone doesn't establish whether these cases were right, as a matter of originalism. [read post]
30 Jun 2019, 6:30 am by Sandy Levinson
Larry Lessig is clearly one of the most interesting and imaginative scholars within the legal academy, and he has written a book that fully vindicates the enthusiastic blurbs it receives (from myself, as well as others). [read post]
1 Mar 2019, 2:12 pm by Thaddeus Hoffmeister
They make jury service economically impossible as a practical matter for many low income citizens, thus placing many already near the margins of society even further from the sense of belonging to it. [read post]
1 Dec 2023, 12:30 pm by John Ross
So their courts must have rejected Blaisdell, at least at times, right? [read post]
19 Sep 2021, 3:08 pm by Russell Knight
Criminal issues involve many more fundamental rights than civil matters. [read post]
7 Jul 2010, 11:07 am by R. Grace Rodriguez, Esq.
Dear Friends:Just wanted to tell you about this case that was recently decided against Aurora Loan Services. [read post]
5 May 2023, 9:32 am by Eugene Volokh
Plaintiff's claims against The Times defendants, as an initial matter, fail as a matter of constitutional law. [read post]
14 Jan 2024, 8:10 am by Andrew Delaney
Justice Carroll dissents, reasoning that these are not matters to determine on summary judgment and that the record needs further development. [read post]
27 Sep 2014, 10:06 am by Schachtman
” The comment states a hypothetical case and suggested resolution, which are, however, more helpful: “If two defendants independently shoot the plaintiff at the same time, and one wounds him in the arm and the other in the leg, the ultimate result may be a badly damaged plaintiff in the hospital, but it is still possible, as a logical, reasonable, and practical matter, to regard the two wounds as separate injuries, and as distinct wrongs. [read post]