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26 Oct 2011, 5:09 am
In balancing these two rights, Tugendhat J had in mind the “ultimate balancing test” as referred to by Lord Steyn Re S (A Child) [2005] 1 AC 593 (at para 17) and guidance from Lord Bingham in R v Shayler [2003] 1 AC 247 (at para 26) that interference of the ECHR right must not be stricter than necessary to achieve the state’s legitimate aim. [read post]
28 Jun 2018, 7:45 am
United States and Obergefell v. [read post]
1 Jun 2012, 4:10 pm
David B. [read post]
7 Apr 2010, 4:31 pm
The movie does not allude to it, since it was released in 2005, but the story has a post-script: Massey Coal's influence in the election of Justice Benjamin wound up before the United States Supreme Court in the case of Caperton v. [read post]
16 May 2020, 8:53 am
The court denied the motion in a short order issued in United States v. [read post]
6 Aug 2010, 10:07 am
My law partner David Christensen and associate Alison Tomak helped write the Negligence Section of the State Bar of Michigan amicus brief, raising the significant constitutional challenges to what Kreiner was doing to people’s right to a jury trial, as well as procedural v. substantive law challenges to serious impairment motions. [read post]
2 Oct 2009, 5:37 pm
With the recent Extortion attempt of David Letterman by Robert "Joe" Halderman fresh in our minds, now would be a good time to share with my readers what constitutes Extortion under New York State law. [read post]
16 Jan 2012, 7:52 am
Auto accident victim’s future as dental hygienist is disputed (Hannay v. [read post]
13 Nov 2015, 2:35 pm
This afternoon the Court granted review in Whole Woman’s Health v. [read post]
28 Sep 2007, 3:45 am
In these key excerpts, Judge Thomas states under oath that he never formed a personal opinion about Roe v. [read post]
24 Aug 2011, 8:35 pm
Alabama (1958) recognized a right of association and protected NAACP members from harassment by the repressive state government; Edwards v. [read post]
20 Mar 2016, 9:11 am
In Homman v. [read post]
11 Feb 2010, 8:21 am
ESN, LLC v. [read post]
10 Apr 2008, 1:10 pm
Nussbaum filed the suit, Kaye v. [read post]
25 Jul 2013, 9:01 pm
” As simply stated in Seran v. [read post]
16 Jul 2020, 7:56 am
Panarella and David H. [read post]
18 Dec 2024, 12:25 pm
David Froomkin (University of Houston Law Center) has posted The President's Duty to Commission Officers on SSRN. [read post]
13 Feb 2012, 8:28 am
Law Lessons from IN THE MATTER OF THE DAVID MARKOWITZ AND ROSALIE MARKOWITZ INSURANCE TRUST, CHANCERY DIVISION-PROBATE PART, MERCER COUNTY, Docket No. 12-00220, February 9, 2012: In Fidelity Union Trust Co. v. [read post]
25 May 2016, 7:22 am
Facts: This case (ALLSTATE INSURANCE COMPANY v. [read post]
7 Apr 2016, 5:18 am
” Last week’s decision in Luis v. [read post]
