Federal Common Law
No longer is it necessary to moot the query of whether or not a bare statutory violation counts as a “concrete harm.” General damages at frequent legislation are meant to remedy a concrete harm. Whether class actions must be allowed is a separate question of judicial administration underneath the Federal Rules of Civil Procedure.
As one other instance, in most states a bartender who serves alcohol to an obviously intoxicated patron not only violates state law however may be sued in civil court ought to that patron later cause an accident. The second requirement – that the events hold themselves out in the general public as husband and wife – is equally necessary. Not all cohabitation relationships are thought-about common-legislation marriages.
Increasingly, the common regulation custom seems to be of little relevance to resolving the good disputes of our time. In my view, relegating frequent regulation ideas to the again-bench constitutes a serious supply of confusion in the Supreme Court’s constitutional jurisprudence. The reason is that fashionable statutory law is heavily parasitic on the frequent legislation.
To set up the existence or non-existence of a standard legislation marriage, the proof can embody, but isn’t limited to, tax returns, vacation and anniversary playing cards, deeds, insurance coverage types, rings, household vacation footage, social media posts, name tags and estate planning paperwork. I heard a music the other day by Pistol Annies known as “Got My Name Changed Back.” The lyrics embody the road, “it takes a judge to … Read More