September 6, 2011 / June 15, 2016 by mindgrub
Time to get back to the blogosphere. The SJC hunkered down last month and issued a slew of decisions, including another intertidal opus that raises lots of interesting takings issues, but b...
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August 21, 2011 / June 15, 2016 by mindgrub
The Law Court issued a potential important decision on the "continuing negligent treatment" doctrine, but first, before I get to that topic in my next entry, I read a First Circuit decision...
August 16, 2011 / June 15, 2016 by mindgrub
Every year the appellate branch of the Texas state bar has a contest - best brief haiku or something of that ilk. This year, it's who can draft the best brief as a tweet - 140 characters or...
August 15, 2011 / June 15, 2016 by mindgrub
Last week, the First Circuit came out with two important decisions rejecting First Amendment challenges by the National Organization for Marriage against election disclosure rules in Maine...
August 5, 2011 / June 15, 2016 by mindgrub
This week the SJC held that "a law enforcement officer's investigation of a third party's civil speeding offense cannot, standing alone, justify the stop and seizure of a motorist." State o...
August 3, 2011 / June 15, 2016 by mindgrub
Occasionally I like to peek at what's doing in the legal world in my old stomping grounds, Chicago. Here's an interesting claim in a case chockful of colorful developments, the trial and co...
July 29, 2011 / June 15, 2016 by mindgrub
Yesterday the First Circuit heard argument about an ongoing life and death tussle between Gov. Chafee and the U.S. U.S. v. Pleau, No. 11-1775. Rhode Island doesn't have the death penalty....
July 25, 2011 / June 15, 2016 by mindgrub
The First Circuit recently issued two decisions that discuss at some length two fundamental legal concepts. One relates to criminal law - the Ex Post Facto clause (Evans v. Gerry, http://ww...
July 8, 2011 / June 15, 2016 by mindgrub
Last year I had the good fortune of participating in one of the Law Court's October arguments held in at a high school, before students. One of the arguments had to do with sentencing, and...
July 5, 2011 / June 15, 2016 by mindgrub
Last week, reversing Judge Woodcock, the First Circuit (Lipez,, J., with Judges Howard and Boudin on the panel) held that a claim by an inmate of the Maine State Prison raised a dispute of f...
