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17 May 2024, 5:45 am
That's plainly wrong as a matter of text, purpose, history, and common sense.The law establishing the CFPB's funding mechanism is . . . wait for it . . . obviously a "law" within the meaning of the Appropriations Clause. [read post]
28 Apr 2024, 9:39 am
As for the label, it is the substance of the condition that matters, and that refers only to occupying the “dwelling-house” – i.e. the physical property – as the only or principal home. [read post]
12 Apr 2024, 3:12 pm
Harvey (Beadle), 1995 CanLII 8896 (ON CJ) Zachariasz v. [read post]
27 Mar 2024, 6:39 am
The relationship between the historical OO 10, 11 and 11A has been one for debate, as recognised by my co-author Bell CJ in chapter 3 of the latest edition of Nygh’s Conflict of Laws in Australia: see [3.27]. [read post]
14 Feb 2024, 5:28 am
The APE TEES decision will potentially take the matter further. [read post]
3 Jan 2024, 12:08 am
The majority (Sundaresh Menon CJ, Judith Prakash JCA, Steven Chong JCA, and Robert French IJ) summarised the principles in Merck as follow: “(a) the foreign judgment must be capable of being recognised in this jurisdiction, where issue estoppel is being invoked. [read post]
20 Dec 2023, 1:07 pm
Luton 1995 55 ACWS (3d) 648 (CJ Gen.Div.). [read post]
17 Dec 2023, 8:55 pm
Footnotes 1 Real Estate Tool Box Pty Ltd v Campaigntrack Pty Ltd [2023] HCA 38 (Real Estate Tool Box v Campaigntrack). 2 Copyright Act 1968 (Cth) (Copyright Act). 3 Real Estate Tool Box v Campaigntrack at [64] per Gageler CJ, Gordon, Edelman, Steward and Jagot JJ. 4 Ibid. 5 Id, [65], [77]. 6 Id, [77]. 7 Id, [88]. 8 Ibid. [read post]
17 Dec 2023, 8:55 pm
Footnotes 1 Real Estate Tool Box Pty Ltd v Campaigntrack Pty Ltd [2023] HCA 38 (Real Estate Tool Box v Campaigntrack). 2 Copyright Act 1968 (Cth) (Copyright Act). 3 Real Estate Tool Box v Campaigntrack at [64] per Gageler CJ, Gordon, Edelman, Steward and Jagot JJ. 4 Ibid. 5 Id, [65], [77]. 6 Id, [77]. 7 Id, [88]. 8 Ibid. [read post]
6 Dec 2023, 12:55 am
The High Court was comprised of Gageler CJ, Gordon, Edelman, Gleeson and Jagot JJ. [read post]
7 Nov 2023, 4:00 am
As Chief Justice Bauman commented: On Saturday I listened to young people about what meaningful participation in the family justice system could look like, and heard how little they had been listened to when it mattered most to them. [read post]
23 Oct 2023, 6:16 pm
Full Court The majority (Derrington J, Allsop CJ agreeing) allowed Carnival’s appeal, staying the US subgroup’s proceedings. [read post]
29 Aug 2023, 7:31 am
When it comes to initiating child protection matters and associated terminations of parental rights, Maine is at or near the top in the nation. [read post]
31 Jul 2023, 4:47 pm
Gorsuch J largely considered statutory matters in his concurrence; but, when he turned to constitutional considerations, he noted that the Court’s opinion requires that “strict scrutiny’s demanding standards” have to be met (slip op, at 22). [read post]
8 Jul 2023, 4:33 pm
A change to venue law frees state attorneys-general from involuntary transfers of antitrust actions from their home states to distant forums handling multi-district litigation involving the same subject matter. [read post]
6 Jul 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Martin Loughlin Since one purpose in publishing Against Constitutionalism (AC) with Harvard was to maximise the chance of it being read by American constitutional scholars, I cannot be other than delighted with the reviews. [read post]
5 Jul 2023, 4:37 pm
In a statement read in open court, the Garda Commissioner acknowledged that during the course of an investigation into allegations relating to Mr Carey, information in relation to the matter had found its way into the public domain; he accepted that this should never have happened; and he apologised to Mr Carey for the “severe and wholly unjustified distress” he had suffered as a consequence. [read post]
12 Jun 2023, 3:17 am
In other words, if Chemerinsky is for something, the reasons why don’t really matter. [read post]
10 May 2023, 3:43 pm
Assignment of matters to IP Chambers is automatic. [read post]
21 Apr 2023, 4:30 am
But the better view (I think) is the one taken by CJ Roberts: the Taxing power is a separate power; if the mandate is permissible under it, then it doesn't matter that it's not a permissible exercise of the Commerce power.I'm not the tax expert among the Dorf on Law contributors, but I'll nonetheless close with an analogy to tax law. [read post]
