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15 Mar 2012, 6:12 am by Chester Brown
On the relevance of “morality”, he explains further that “[w]here legalism does not resolve interpretative ambiguity, judges ought to supplement legalism with moral reasoning”, although this is to be done “within legalist limits” (p. 125). [read post]
12 Mar 2012, 8:13 am by Ronald Collins
As with all matters of judicial interpretation, there are matters of nuance and construction. [read post]
7 Apr 2011, 1:16 pm by Bexis
"Not only is the rule in Slater bizarre as a matter of common sense, but it's contrary to the Erie doctrine. [read post]
22 Sep 2010, 1:11 pm
Treaties are in turn internalized by the domestic legal system as a matter of law. [read post]
16 Sep 2010, 1:22 pm by Bexis
Then in Philadelphia:[P]ublic nuisance is a matter of state law, and it is not the role of a federal court to expand state law in ways not foreshadowed by state precedent. [read post]