Merits Brief to US Supreme Court in Public Nuisance Case Challenges "Standardless Liability"

more+
less-

Amicus Curiae Brief on the Merits:

"Such a standardless exercise is not jurisprudential.

Instead, it transforms courts across the United States

into regulatory agencies, requires them to devise ad

hoc standards for each case, applies ex post facto rules

to impose liability, and then mandates enforcement

using the threat of contempt to motivate compliance.

Such a proceeding may be called a trial, but it is

not." (P.30)

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Richard Faulk | Attorney Advertising

Written by:

more+
less-

Richard Faulk on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×