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Justia Daily Opinion Summaries

Supreme Court of Hawaii
April 20, 2020

Table of Contents

DL v. CL

Family Law

COVID-19 Updates: Law & Legal Resources Related to Coronavirus

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Legal Analysis and Commentary

Equality Is the Lesson of Our Day

JOSEPH MARGULIES

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Cornell law professor Joseph Margulies observes that the COVID-19 pandemic reveals our shared equality as individuals but also lays bare the inequality of American society. Margulies argues that equality is an outcome achieved by one in aid to another, and by government in aid to all in need.

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Wisconsin’s Decision to Have an Election This Month Was Unjust, But Was it Also Unconstitutional? Why the Plaintiffs (Rightly) Lost in the Supreme Court

VIKRAM DAVID AMAR, JASON MAZZONE

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Illinois Law dean Vikram David Amar and professor Jason Mazzone comment on the U.S. Supreme Court’s recent per curiam decision staying an injunction by a federal district court in Wisconsin, effectively allowing the election in that state to go forward on with the normal timeline for casting ballots in place, despite concerns over the effects of COVID-19. Amar and Mazzone argue that, while the outcome might have been unjust, the plaintiffs in that case likely did not allege a constitutional violation and thus did not properly allege claims suitable to be remedied in federal court.

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Supreme Court of Hawaii Opinions

DL v. CL

Docket: SCWC-18-0000211

Opinion Date: April 17, 2020

Judge: Sabrina S. McKenna

Areas of Law: Family Law

The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) affirming the family court's challenged rulings concerning child custody and relocation and disqualification of counsel in a divorce proceeding, holding that the ICA did not err. Specifically, the Supreme Court held that the ICA did not err by (1) (a) considering the family court’s April 26, 2018 amended findings of fact and conclusions of law regarding child custody despite its entry of some findings of fact regarding child custody before the March 26, 2018 notice of appeal because the notice of appeal was premature; and (b) rejecting Petitioner’s arguments that the April 26, 2018 findings and conclusions should be rejected because the family court adopted Respondent's submissions verbatim; (2) affirming the family court’s denial of its motion to disqualify Respondent’s counsel and law firm; and (3) affirming the family court’s grant of sole physical custody of the parties’ minor children to Respondent and allowing Respondent to relocate the children to Arizona.

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