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6 Oct 2019, 6:02 am by Thorsten Bausch
It is reasonably short, beautifully written without too much legalese, and all in all a highly recommendable read. [read post]
2 Oct 2019, 10:21 am by Deborah Heller
He felt that petitioner did not make a rational choice to kill, but felt compelled to act as he did and for a short time lost control. [read post]
19 Sep 2019, 1:25 am by CMS
Notes that the Public Law Project will not be making oral submissions, but says these are important submissions. 1200: Michael Fordham QC says the closest case we have is Bobb & Anor v Manning (Trinidad & Tobago) [2006] UKPC 22 (25 April 2006). 11:55:  Michael Fordham QC submits it is accepted prerogative power has to be exercised in the public interest. 11:48: Michael Fordham QC queries whether there is some magic for prerogative powers. [read post]
17 Sep 2019, 1:26 am by CMS
  However in so far as they seek to declare it “null” and of “no effect” he submits that they went too far and where they cannot go. 14:16: Lord Keen QC notes that this principle is consistent with extensive authority and which Sir James Eadie QC will address in due course in further detail. 14:14: Lord Keen QC notes that the Inner House accepted that the principle of non-justiciability exists in public law and that the question of whether something is… [read post]
5 Sep 2019, 12:49 am by CMS
Aidan O’Neill QC submits that the judges in R (Miller) v Secretary of State for Exiting the European Union therefore erred when concluding that the triggering of Article 50 “is a bullet that cannot be withdrawn. [read post]
3 Sep 2019, 10:29 am by Patricia Hughes
(A short detour: In Canada, the federal Elections Act provides for fixed-date elections every four years, while preserving the Governor General’s discretion to dissolve Parliament. [read post]
3 Sep 2019, 12:41 am by CMS
He refers to R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5, noting it is consistent with the UK Government position. 1449: David Johnston QC refers to the Fixed Term Parliaments Act 2011 in accordance with which dissolution must take place. [read post]
26 Jul 2019, 9:08 am by Steven Boutwell
By the Kean Miller Tax Team The 2019 Regular Session of the Louisiana Legislature ended on June 6, 2019. [read post]
15 Jul 2019, 4:54 am by Andrei Gribakov
The short answer is that the Supreme Court has interpreted “any” to mean “some” and carved out a category of agreements that are not subject to congressional approval because the agreements do not encroach on federal supremacy. [read post]
26 Jun 2019, 9:01 pm by Vikram David Amar
The words of the Nineteenth Amendment (like those of the Fifteenth Amendment prohibiting racial discrimination in voting) are short and sweet. [read post]