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30 Jul 2014, 9:31 am
 So thanks for saying that's not the standard, but that doesn't really help us very much.So that leaves us with the fact that the argument "must have a reasonable potential for success". [read post]
29 Jul 2014, 11:08 am
            Unfortunately, that’s precisely what Waltenburg v. [read post]
28 Jul 2014, 5:38 am
Court of Appeals for the Federal Circuit 1998).Where, as here, the plaintiff is pro se, his pleading is held `to less stringent standards than formal pleadings drafted by lawyers. [read post]
24 Jul 2014, 5:05 pm by INFORRM
Disproportionate effort: the obligation to respond to a wide-ranging SAR In some previous case law the courts have on occasion been willing to reject “disproportionate” requests, or those which apparently attempt to circumvent standard disclosure (see for example, Ezsias v Welsh Ministers [2007] All ER (D) 65, Elliot v Lloyds TSB Bank PLC [2012] EW Misc 7 (CC) and Durant v Financial Services Authority [2004] FSR 28)  In contrast, in AB the… [read post]
18 Jul 2014, 12:59 pm by Robichaud
DISINCENTIVES TOWARDS INNOCENCE: A LOOK AT WRONGFUL CONVICTIONS IN THE ONTARIO CRIMINAL JUSTICE SYSTEM (Sean Robichaud, 2004)*  * This is an older paper written many years ago. [read post]
18 Jul 2014, 12:59 pm by Robichaud
DISINCENTIVES TOWARDS INNOCENCE: A LOOK AT WRONGFUL CONVICTIONS IN THE ONTARIO CRIMINAL JUSTICE SYSTEM (Sean Robichaud, 2004)*  * This is an older paper written many years ago. [read post]
15 Jul 2014, 9:01 pm by Michael C. Dorf
Even in the follow-up order in Wheaton College v. [read post]
8 Jul 2014, 9:38 am
But using it as the standard that must be met before the government may accord different treatment on the basis of race, or before the government may regulate the content of speech, is not remotely comparable to using it for the purpose asserted here. [read post]
8 Jul 2014, 9:35 am
For the record, elements of the GPs are being implemented by individual governments (through national action plans, their role as national contact points under the revised OECD Guidelines for Multinational Enterprises, which recapitulate the GPs’ formulation of the corporate responsibility to respect human rights virtually verbatim, and in the form of discrete legal and policy measures); by the European Union (for example, through the Commission’s corporate social responsibility policy,… [read post]
3 Jul 2014, 7:15 am by Peter Margulies
The arbitrariness standard is more deferential than certain readings of the proportionality standard often used in human rights law. [read post]