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Law Needs A Balance Between Humanism And Formalism

Law 360

A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

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US dispatch: ‘independent state legislature’ theory raised by Moore v. Harper threatens US election administration

JURIST

Gore (2000), and Arizona State Legislature v. Arizona Independent Redistricting Commission (2015). Even where not done so directly, the Court has repeatedly repudiated the underpinnings of the theory in cases like Smiley v. Holm (1932), Bush v.

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Denials of review in five cases draw dissents from various justices

SCOTUSBlog

Arizona , the court denied a petition filed by a California man charged with blackmailing the married Arizona woman with whom he had been having an affair. Today, six states, including Arizona, continue to use criminal juries as small as six or eight members. Khorrami v. In Khorrami v. Over 50 years ago, in Williams v.

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Collateral Estoppel Beats Precedent Every Time

Patently O

” As to waiver based upon the “not binding” statement from Motorola, the Federal Circuit concluded that the intent of that statement was with reference to stare decisis and binding precedent rather than binding as a matter of preclusion. California , 530 U.S. ” That appears to create waiver. .”

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Stephen Breyer, pragmatic liberal, will retire at end of term

SCOTUSBlog

Court of Appeals for the 8th Circuit, and Bruce Babbitt of Arizona, then the secretary of the interior, before nominating Breyer – releasing the decision so quickly that Breyer did not have time to travel to Washington for the announcement.

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