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20 Jan 2022, 12:36 pm by Eugene Volokh
Nonetheless, it concluded that Eckhardt's speech was constitutionally protected: [We] apply the two-step analysis espoused in Scott v. [read post]
30 Jul 2013, 10:53 am by Dave
 The question here, though, was whether the bedroom tax policy is “manifestly without reasonable foundation” because the bedroom tax involved a question of high policy – the Secretary of State relied on Humphreys v HMRC [2012] 1 WLR 1545, which, in turn, had applied Stec v UK (2006) 43 EHRR 1017 to argue for a different test depending on the ground of discrimination and the type of policy. [read post]
8 Dec 2010, 4:48 am by Rosalind English
Noting the very high threshold for review imposed by the Wednesbury test (see criticisms of this by the House of Lords in R v Secretary of State for the Home Department, ex parte Daly [2001] UKHL 26,[2001] 2 AC 532  and the Strasbourg Court in Smith and Grady v United Kingdom (1999) 29 EHRR 493, para. 138) the Committee considered that the application of a “proportionality principle” by the courts in E&W could provide an adequate standard of… [read post]
25 Nov 2018, 10:50 am by Brian M. Krause, Esq.
Many legal practitioners think of prostitution-related crimes as non-serious public order offences akin to other misdemeanors. [read post]
18 Feb 2020, 1:32 pm by Charlotte Butash, Benjamin Wittes
See Government’s Supplemental and Amended Sentencing Memorandum, United States v. [read post]
18 Jul 2022, 6:30 am by Guest Blogger
  Perhaps this next Supreme Court term, in National Pork Producers Council v. [read post]
3 Aug 2011, 6:05 am by admin
  ARTICLE V: COVENANT FOR ASSESSMENTS     …     Section 4. [read post]
10 Jan 2011, 3:23 pm by Gene Quinn
This trend was halted by the United States Supreme Court in the summer of 2002 in Holmes Group, Inc. v. [read post]
9 Sep 2009, 8:55 am
Michigan Chamber of Commerce (1990) and McConnell v. [read post]
19 Aug 2019, 3:48 am by Peter Mahler
Then there’s the manager-managed LLC, more akin to a corporation-style management structure and sometimes featuring a Board of Managers and designated officers, in which one or more persons or entities (who may be, but need not be, members of the LLC) are responsible for managing the LLC’s business affairs. [read post]
20 May 2015, 7:17 am by Joy Waltemath
Accordingly, the appeals court judgement was reversed and the trial court’s grant of summary judgment against the employee was reinstated (Shell Oil Co. v. [read post]
22 Dec 2019, 9:05 pm by Cary Coglianese
Schechter Poultry Corp. v. [read post]