From Illinois Appellate Court Judge David Ellis's concurring opinion two weeks ago in People v. Lee: I believe that the State is required to prove that the defendant [who is charged with possessing a ...
Paul was a Senior Legal Research Fellow at The Heritage Foundation. Not everyone agrees with the validity of the Supreme Court’s approach to statutory interpretation, but if the question is whether ...
As a small-business owner, you can protect yourself and your business from costly litigation by recognizing situations that expose you to tort liability. A tort is a civil wrong causing injury to ...
From the majority opinion in State v. Blake, by Justice Sheryl Gordon McCloud: Washington's strict liability drug possession statute, makes possession of a controlled substance a felony punishable by ...
Michael Sena examines how manufacturers can navigate the intricacies of strict liability claims, the Federal Hazardous Substances Act (FHSA), and the shifting legal precedents in the circuit courts — ...
In a closely watched case that is likely to provide needed guidance to courts and litigators on how to apply the Fair Share Act in a strict liability setting, the Pennsylvania Supreme Court has ruled ...
Most critics of the Hague tribunal in Serbia share the view of command responsibility as a form of strict liability. They argue that command responsibility entails responsibility of a superior for the ...
For nearly two decades, hospitals licensed by the California Department of Public Health (CDPH) have been frustrated by CDPH’s application of strict liability to penalize licensed entities under ...