
Bold Proposal: Let's Just Convict People Of Crimes We Can Prove They Committed
Above the Law - Thinking Like a Lawyer
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Disney's Contract Clause in the Constitution Could Be Used to Harm Corporate Overlords
Mark Joseph Stern is making the argument that this has a potential to be abused. He argues if Disney successfully brings this claim and it starts going up the ladder, it's going to become a new hook for bad actors in the judiciary to hang a neo Lochner world view upon. But he also though, think that it puts a lot on a litigant to say, don't make the most direct good faith argument because there's a risk that a future bad faith judge would exploit it.
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