[The following post derives from work on my forthcoming book, Legal Fictions & Presumptions, and Constructive, Deemed, Implied, and Imputed Entities: An Encyclopedic Desk Reference on Their Status at Law] It used to be that our law distinguished between attempts that were impossib
Perhaps the most worrisome risk of the new nativism – Brexit, Trumpism, and the nationalist, protectionist, and racial-purity movements generally – is the potential that the gap between law and justice will widen. The gap widens because of a commensurate narrowing in our concept of du
Someone rushes into the room and fires a gun at the prof., or stabs at him with a knife. The attacker flees into the corridor. Given our era of global terrorism and school shootings, Evidence Law profs wouldn’t stage this “crime” in class these days. Up to maybe a couple of decades ag