Tag Archives: arguments

SJC Hears Oral Arguments over Request for Records of Show Cause Hearings

Massachusetts has a unique system for certain criminal complaints, where both a police officer or private individual can apply for a criminal complaint and a clerk magistrate will decide whether there is probable cause for a criminal complaint to be issued. This process … Continue reading

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Late-May calendar is a bit light on arguments, heavy on criminal matters, but no death penalty appeals

The Supreme Court announced its late-May calendar today.  May is the only month with two calendars. It used to be that the end-of-term calendars (late-May and June) were unusually busy, but that stopped a couple of years ago.  This one … Continue reading

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Case o' The Week: A Wobble Bobble? – Christopher Johnson, Claims vs. Arguments, and Rule 32 on Appeal

  Priors may wobble, but they don’t fall down (in the Ninth).United States v. Christopher Johnson, 2019 WL 1523106 (9thCir. Apr. 9, 2019), decision available here.Players: Decision by Judge Mark Bennett, joined by Judges M. Smith and Nguyen.   Hard-fought appeal by … Continue reading

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Klass on Freed Rider Arguments in Energy Policy

Alexandra B. Klass (University of Minnesota Law School) has posted Regulating the Energy "Free Riders" (Boston University Law Review, Forthcoming) on SSRN.  Here is the abstract: This Article explores “free rider” arguments in energy policy. It focuses on the use … Continue reading

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Court Rejects Bond Insurer’s Coverage Trigger Defense and Notice Prejudice Rule Arguments

In an interesting recent decision, a court rejected two defenses a Financial Institution Bond insurer asserted in denying coverage for a bank’s losses arising from a $3.6 million loan extended in reliance on documents that proved to have been forged. … Continue reading

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