From a Justice on the Hawaii Supreme Court. It’s all dicta and tangential to the case at hand but it’s still on point and worth reading.
Views: 21
From a Justice on the Hawaii Supreme Court. It’s all dicta and tangential to the case at hand but it’s still on point and worth reading.
Views: 21
Whoa, that’s serious inside baseball for those of us who aren’t legal scholars! I do understand some of the issues, but that’s like a letter written in classical Chinese style, all references to classical texts I haven’t read.
The actual issue in the case was when a foreign corporation can be sued in Hawaii under the due process clause of the Fourteenth Amendment. Citations to International Shoe, Pennoyer v. Neff, and few others refer to this issue. Almost all of the other citations are to recent SCOTUS cases where the court has overturned long-standing precedent (e.g., Dobbs) on the basis of so-called “originalism.”