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4 Dec 0001, 4:00 pm by Adam Wagner
The Ministry of Justice has released its response to the comments generated by the consultation paper on judicial review that was published in December. Unsurprisingly, the Government has signalled that it intends to press ahead with most of the proposals upon which it consulted. In particular, it plans to implement the following proposals: Time limits  The time limit for judicial review (which at three months is already very short) will be reduced to six weeks in… [read post]
4 Dec 0001, 4:00 pm by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular glittering galaxy of human rights news and views. The full list of links can be found here. You can  find previous roundups here. Links compiled by Adam Wagner, post by Sarina Kidd. Commentators have been criticising a number of assertions that Chris Grayling made about judicial review in the Daily Mail this week. Elsewhere, although Price Competitive Tendering has been scrapped, there are still many concerning proposals, and there… [read post]
4 Dec 0001, 4:00 pm by Rosalind English
Stephen McIntyre v Information Commissioner (Environmental Information Regulations 2004) [2013] UKFTT 156 (17 May 2013) – read judgment and [2013] UKFTT 51 (7 May 2013) read judgment These are the latest in a series of  freedom of information requests for disclosure of material from the UEA’s Climatic Research Unit (CRU).  These requests arose following the ‘climategate’ affair where hacked university emails suggested that individuals within CRU might have… [read post]
4 Dec 0001, 4:00 pm by Amanda Greenburg
On November 6, 2013, a group of 911 Operators, mainly comprised of female minorities, filed a class action lawsuit against the New York City Police Department (“NYPD”) for allegedly making them work until they get sick.  Hills also assert these mandatory double-shifts violate her and her fellow employees’ rights and could impact the City’s safety. Hill’s complaint alleges that between May 2013 and July 2013 the NYPD started requiring the Operators to work mandatory… [read post]
4 Dec 0001, 4:00 pm by Jim Duffy
According to the President of the Supreme Court, the judiciary not only has a right but an obligation “to speak out on matters concerning the rule of law.”  In recent months, it is a duty from which Lord Neuberger has not shirked, and last night’s lecture to the Institute of Government was no exception.  Its focus was the importance of legal aid, which Neuberger described through the prism of the UK’s constitutional set-up and the respective roles of the… [read post]
4 Dec 0001, 4:00 pm by David Hart QC
R (Edwards & Pallikaropoulos) v. Environment Agency et al, 11 April 2013, read CJEU judgment, and read Opinion of A-G Kokott, and the Civil Procedure Rules 45.41 to 45.44, in force from 1 April 2013, with Practice Direction 45 Twin developments, both of which are important for those involved in environmental cases. They emerge from the UK’s treaty obligations flowing from the Aarhus Convention under which it is obliged to ensure that environmental cases are not… [read post]
4 Dec 0001, 4:00 pm by Alasdair Henderson
R (Dr Hans-Christian Raabe) v. Secretary of State for the Home Department [2013] EWHC 1736 (Admin) – read judgment Dr Hans-Christian Raabe lost his judicial review challenge to the revocation of his appointment as the GP member of the Government’s Advisory Council on the Misuse of Drugs (ACMD). His appointment was revoked less than a month after he had accepted an offer to join the ACMD, as a result of certain views about homosexuality expressed in a paper he had co-written in… [read post]
19 Apr 2014, 1:44 pm by Diane Marie Amann
Some lawmakers and lobbyists in Japan displayed their distaste for whaling bans this week with a whale-meat eat-in in Tokyo. The Japan Daily Press reported: ‘In an act of defiance against a recent ruling by the International Court of Justice (ICJ) halting the nation’s whale hunts, pro-whaling legislators and lobby group gathered on Tuesday to eat whale meat while pledging to continue what they call one of the country’s centuries-old traditions.’ Stoking these opponents’… [read post]
19 Apr 2014, 11:29 am by Gene Quinn
While normally no single factor is dispositive in determining whether information has been kept secret enough to qualify as a trade secret, the focus is on determining whether reasonable efforts to preserve secrecy were employed is of paramount importance. What is reasonable will, of course, vary depending upon the resources of the company or individual claiming the trade secret and the value of the secret being protected. Notwithstanding, the failure to employ any protection protocols would suggest… [read post]
19 Apr 2014, 11:29 am by Gene Quinn
While normally no single factor is dispositive in determining whether information has been kept secret enough to qualify as a trade secret, the focus is on determining whether reasonable efforts to preserve secrecy were employed is of paramount importance. What is reasonable will, of course, vary depending upon the resources of the company or individual claiming the trade secret and the value of the secret being protected. Notwithstanding, the failure to employ any protection protocols would... … [read post]
19 Apr 2014, 9:29 am by Adam B. Cordover, Attorney-at-Law
Same Sex Couple Seeks Divorce in Florida I have recently been involved in a Tampa family law matter that has made a couple of headlines lately. I represent a client who married her wife in Massachusetts, they moved to Florida, and ultimately they decided that their same sex marriage was irretrievably broken. The women reached a full settlement on all their marital issues, and, as the media has reported, now they are asking the court to grant them a divorce. What has gotten far less attention is the… [read post]
19 Apr 2014, 8:21 am by Paul Caron
Bloomberg, IRS Among Agencies Using License Plate-Tracking Vendor: The IRS and other U.S. agencies awarded about $415,000 in contracts to a license plate-tracking company before Homeland Security leaders dropped a plan for similar work amid privacy complaints. Federal offices such as the Forest Service and the U.S. Air Force’s Air... [read post]
19 Apr 2014, 5:45 am by Victoria Sweet
News coverage includes an overview of the challenges Tribes have faced when non-Indian men batter Indian women on the reservation, a little about the battle to get the VAWA provisions passed, and information about the prosecutor, judge, and public defender who will be involved with this first case. Full article here. Press Release from Pascua Yaqui regarding the VAWA pilot program here. From the article: Tribal police chief Michael Valenzuela drove through darkened desert streets, turned into a… [read post]
19 Apr 2014, 12:15 am by Paul Caron
All Gov: Karl Rove’s Crossroads Non-Profit at the Heart of IRS Targeting and Election Commission Clashes Baltimore Sun: Fox & Friends Mistreats Elijah Cummings on IRS Emails Story Human Events: Cummings’ “McCarthyism” Charge in Lerner Hearing is Bogus MSNBC: Issa vs. Cummings, Round XXVII PJ Media: IRS Scandal: One-Way Civility... [read post]
18 Apr 2014, 8:03 pm by Randall Reese
On April 18, 2014, an order regarding the motion for relief from the discharge injunction or entry of a final decree was filed in the bankruptcy case of Chemtura Corporation and its affiliates. The filing was assigned docket number 5871 and is described on the court’s official docket as follows: Order of U.S. District Court Judge Jesse M. Furman signed on 2/10/2014 re: [5819]. Accordingly, and for substantially the reasons provided by the Bankruptcy Court, the order of the Bankruptcy Court… [read post]
18 Apr 2014, 8:01 pm by Randall Reese
On April 18, 2014, a required bankruptcy report regarding schedules of assets and liabilities, statement of financial affairs, monthly operating report or other periodic report was filed in the bankruptcy case of New Century Financial Corporation and its affiliates. The filing was assigned docket number 11353 and is described on the court’s official docket as follows: Post-Confirmation Report for the Quarter Ending on March 31, 2014 Filed by New Century Liquidating Trust. (Root, Alan) New… [read post]
18 Apr 2014, 8:00 pm by Randall Reese
On April 16, 2014, a notice of the transfer or assignment of a claim against the debtor was filed in the bankruptcy case of Lehman Brothers Holdings Inc. and its affiliates. The filing was assigned docket number 44038 and is described on the court’s official docket as follows: Transfer Agreement FRBP. Transferors: Credit Suisse AG (Claim No. 55829) To DZ Privatebank (Schweiz) AG filed by DZ Privatebank (Schweiz) AG. (Lopez, Mary) Lehman Brothers Holdings Inc. filed for bankruptcy protection,… [read post]
18 Apr 2014, 7:21 pm by Ezra Rosser
The 1% wants to ban sleeping in cars – because it hurts their ‘quality of life’ | Gary Blasi | Comment is free | theguardian.com.  [Though it is published by the Guardian, the examples are from the U.S.] [read post]
18 Apr 2014, 5:02 pm by Colin O'Keefe
It was a great week for launches on the LexBlog Network as we had four new publications go live. And, really, look at that title—there’s something for everyone in this week’s batch. Beer and wine blogs have become surprisingly popular on the LexBlog Network and that trend continues with the launch of Lawful Libations from Long Island law firm Farrell Fritz. This, their ninth blog,  will provide readers with legal updates and commentary for vineyards, breweries, distilleries… [read post]