(245) Most constitutionalists know that the doctrine they teach is in large part false: it is hornbook law
that wealth classifications do not yield heightened scrutiny, (246) yet it is also true that wealth can be enough to strike down a law that deprives one of the right to vote (247) or the right to an appeal; (248) similarly, distinctions that do not merit strict scrutiny, such as mental retardation, (249) can in fact trigger stringent review.
fiction theory became hornbook law
in 1963 when Professor Wright adopted
Perhaps to avoid this anomalous result, hornbook law
on the Hunter doctrine makes no distinction between "preferential treatment" and "equal treatment."(39) CEE's ability to avoid this same anomalous result, on the other hand, arguably depends on its misanalysis of sex equality doctrine.
The acts and omissions of two or more persons may work concurrently as the efficient cause of an injury and in such a case each of the participating acts or omissions is regarded in law as a proximate cause.(39) This may be hornbook law
in tort(40) or criminal law,(41) but the real issue gets lost in this legalese, which is made no better by the heralded(42) Model Penal Code, which excludes from its causal reach only the "too remote or accidental."(43) Given that, unlike moral blameworthiness (of which Peak had plenty), causation is a substantially mechanistic, not normative concept, the real issue is whether the lucky Peak in any meaningful sense of the word "killed" the unlucky Young, which he did not.
It is hornbook law
that an insurer's duty to defend is broader than its duty to indemnify, just as the duty to defend is determined by the allegations of a plaintiff's complaint, not by the court's notions of public policy or even its sense of revulsion regarding behavior by the policyholder or its agents.(18)