Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Fri, 21 Feb 1997 10:48:52 |
| Re: |
Restitution for Wrongs (OJ's Case) |
Further
to Andrew Kull's comments, the Son of Sam statutes are discussed in D. Dobbs,
Law of Remedies, 2 ed (West: St. Paul, 1993), at 690-1. Dobbs suggests
that the USSC left open the possibility of the validity of a statute drafted
more narrowly than the NY one under consideration.
Apparently the Uniform Law Conference in Canada is considering proposing
a statute along these lines for consideration by provincial legislatures.
We too have a constitutional guarantee of freedom of expression, but in
Canada our constitutional rights are somewhat more qualified than those
of our neighbours to the south.
In any event, I wonder whether OJ's biggest profit will not be made when
he sells the house; that is a profit which might well be outside such
a statute.
Lionel Smith
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