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24 Jul 2014, 3:50 am by Catherine Rose
The key points were as follows: (1) The statutory duty of disclosure under the Criminal Procedure and Investigations Act 1996 – applicable to any material “which might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the accused” – is limited to the trial period and therefore does not assist Mr Nunn (paras. 18-20). (2) The common law duty of disclosure is a general duty to disclose any evidence… [read post]
23 Jul 2014, 4:20 am by Kevin LaCroix
Exhibit 1 to the report graphically depicts filings levels since 2005 and clearly shows that 2014 filing activity is on pace for its lowest level since 2008. [read post]
21 Jul 2014, 7:34 pm by Brian Shiffrin
In many cases the  CPS Investigator does not read the suspect Miranda warnings or obtain a Miranda waiver before conducting these custodial interrogations. [read post]
18 Jul 2014, 11:33 am by Marty Lederman
§ 2000bb-1.There appear to be five Justiceswho have concluded that the government would further compelling interests by denying religious exemptions. [read post]
14 Jul 2014, 7:30 am by The Public Employment Law Press
However, if there is an option/choice to receive cash or an other benefit, this may result in taxable wages, even if the employee does not elect to receive the cash [emphasis supplied]. [read post]
14 Jul 2014, 6:15 am by Wells Bennett
”  Indeed, the central legal precedent for the use of military commissions to try unprivileged belligerents is Ex parte Quirin, 317 U.S. 1 (1942) [LINK]. [read post]
11 Jul 2014, 10:13 am
  It’s 48 pages long (with a 1-justice concurrence and a 3-justice dissent). [read post]
9 Jul 2014, 9:34 am by Abbott & Kindermann
The court limited review to the following issue: Under what circumstances, if any, does the California Environmental Quality Act (Pub. [read post]
7 Jul 2014, 4:15 am by Matthew Salganik
Given that background, the five principles that I propose for HSROCs are: 1) restricted in scope, 2) focused on balancing risks and benefits, 3) transparent, 4) dynamic, and 5) diverse. [read post]
6 Jul 2014, 1:08 pm by Marty Lederman
  Indeed, it might even begin to unravel the Court's traditional understanding that religious exemptions in the commercial setting are presumptively disfavored.Here's a quick summary of these four notable aspects of the Alito and Kennedy opinions:1. [read post]
3 Jul 2014, 7:41 pm
Ruggie, 28 Jan 2014; A UN Business and Human Rights Treaty Update, 1 May 2014; International Legalization in Business and Human Rights, 11 June 2014. [read post]
3 Jul 2014, 2:25 pm by Howard Knopf
Leuthold does not refer to this authority and instead relies on paragraph 2.4(1)(c) of the Copyright Act, R.S.C., 1985, c. [read post]