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case law |
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case law law established by following judicial decisions given in earlier cases How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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The court noted that ample federal caselaw existed at the time of the challenged conduct to give fair warning to officials that it was unconstitutional to hold a detainee in solitary confinement 500 days, for punishment, with virtually no procedural protection in the form of periodic reviews. Guida, Riverboat Gaming: Legislation, Licensing; Site Selection, and Caselaw, 29 J. Notwithstanding the substantial logic and appeal of this argument, the court dismissed it almost out of hand by using a form of "boot-strap" argument--despite what appears to be contrary conduct, the owner cannot be said to be "estopped" from making this argument because (1) caselaw permits owners to claim liquidated damages even after the completion deadline has passed and (2) the contract itself provided for the assessment of liquidated damages. |
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