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	<title>
	Comments on: Disrupt the pipeline? We had to do it, Your Honor	</title>
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		By: Cloudesley Shovell		</title>
		<link>https://www.overlawyered.com/2017/11/disrupt-pipeline-honor/comment-page-1/#comment-347208</link>

		<dc:creator><![CDATA[Cloudesley Shovell]]></dc:creator>
		<pubDate>Sun, 05 Nov 2017 14:13:25 +0000</pubDate>
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					<description><![CDATA[Minnesota law as cited by Prof. Bainbridge would seem to provide fertile ground for pre-trial motions seeking judicial notice of certain undeniable facts and law.  Doing so would no doubt annoy the judge, but it would also aid in pointing out the utter absurdity of his ruling.

The two most obvious would be (1) judicial notice that operating the pipeline is an activity permitted by law; and (2) that the defendants (and everyone else in the State of Minnesota) had other legal remedies, namely access to the legislature, courts, and law enforcement agencies.

Even if the judge refuses to take judicial notice, there&#039;s fertile ground for direct testimony as well as cross-examination of every single defense witness.

-CS]]></description>
			<content:encoded><![CDATA[<p>Minnesota law as cited by Prof. Bainbridge would seem to provide fertile ground for pre-trial motions seeking judicial notice of certain undeniable facts and law.  Doing so would no doubt annoy the judge, but it would also aid in pointing out the utter absurdity of his ruling.</p>
<p>The two most obvious would be (1) judicial notice that operating the pipeline is an activity permitted by law; and (2) that the defendants (and everyone else in the State of Minnesota) had other legal remedies, namely access to the legislature, courts, and law enforcement agencies.</p>
<p>Even if the judge refuses to take judicial notice, there&#8217;s fertile ground for direct testimony as well as cross-examination of every single defense witness.</p>
<p>-CS</p>
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