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Criminal Law

: Crime & Federalism

Law v. Facts in Bloch v. Frischholz

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Bloch v. Frischholz (here) is a great case illustrating issue framing.  Should one frame the issue using law, or facts? Easterbrooks frames the case using law, and disposes of the case in six pages.  Truth it, Bloch was not a difficult case.  In Bloch, a Jewish plaintiff sued money damages after her condo board told her that she could not place a mezuzah on her door.  The reason?  A rule she had voted in favor of provided that "[m]ats, boots, shoes, carts or objects of any sort" may not be placed outside owners' doors.  Pretty simple, right? The plaintiff wanted the court to believe that the condo people were anti-Semites.  But people who had crucifixes on their doorways were also told to remove them...continue to full post

Full post as published by Crime & Federalism on July 14, 2008 (boomark / email).

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