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The "McCracken Filler": Another Legal Fiction Exposed
“Fictions are often the hostages that the forces of movement give to the forces of retreat.” Justice Robert H. Jackson, The Struggle for Judicial Supremacy (via Concurring Opinions). Legal fiction is...
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Fox v. Vice: SCOTUS rules plaintiff must pay fees for frivolous claims only
I’ve written about the Anglo-Canadian “Loser Pays” Rule for costs indemnification here and here. The American Rule is considered by Maureen Cosgrove at Jurist-Paper Chase who reports on “Supreme Court...
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