Kudos to Mary B. and Welcome Justice Humphrey!
Seeing double (jeopardy) & apportioning water
It’s not what the judge had for breakfast, but when
Here's a couple links to stories describing studies about decision fatigue: http://www.abajournal.com/news/article/a_judges_full_belly_is_good_news_for_criminals_study_finds/ http://www.cognitionandculture.net/home/blog/9-dan/790-what-the-judge-ate-for-breakfast The gist is, judges are more likely to be receptive to an argument early in the day or right after a food break. The theory is...
1st Circuit Judicial Conference Part II
1st Circuit Judicial Conference part I
declaratory judgments and ordinance interpretation
Let's talk about a recent decision that seems simple enough on the surface but appears to raise some thorny procedural questions. Day v. Phippsburg, 2015 ME 13. The holding in this decision is straightforward enough - you can't unmerge previously grandfathered nonconforming lots once merged. We all are supposed to be getting rid of nonconformance, so if an ordinance is ambiguous, you adopt the interpretation against intensifying or perpetuating the nonconformance...
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