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12 Dec 2023, 7:15 am by centerforartlaw
”[10] Once the parties mutually agree to enter into arbitration, neither party can unilaterally withdraw from the proceedings and are legally bound to accept the arbitrator’s final decision. [read post]
11 Dec 2023, 1:04 am by Frank Cranmer
In Ţîmpău v Romania [2023] ECHR 982, the applicant, Doina Ţîmpău, challenged her dismissal as a lay teacher of Orthodox religion in a public school. [read post]
7 Dec 2023, 6:00 pm by Badrinath Srinivasan
The five judge Bench's decision of the Supreme Court of India in Cox & Kings v. [read post]
5 Dec 2023, 6:14 am by Udit Mahalingam
The Court of Appeal’s judgment in R (CAAT) v Secretary of State for International Trade [2019] EWCA Civ 1020 provides useful insight into how well-established principles of “irrationality” apply in the international arms trade context, and the extent to which the latitude afforded to the executive in this policy area affects this process. [read post]
5 Dec 2023, 6:08 am by Unknown
However, it went even further by stating, “any controversy over interpretations of this Agreement will be decided without regard to events of drafting or preparation. [read post]
4 Dec 2023, 10:30 pm by Sara Notario
First, the Court is competent to review restrictive measures adopted under Article 29 TEU, within the meaning of the CJEU case law (i.e., measures of individual scope of application; see Ben Ali v Council, para. 145) in the annulment procedure (Article 263(4) TFEU). [read post]
3 Dec 2023, 10:00 pm
It is only after that process is completed that equitable relief may be pursued.Since W.K. first needed to exhaust all “administrative remedies” with the PHHPC, (as outlined in the state’s Public Health Law), before seeking an injunction, the AD2 thought the order compelling his admittance was issued prematurely and was thus rescinded.This couldn't be what the doctor ordered ….# # #DECISIONW.K. v New York Presbyt. [read post]
1 Dec 2023, 12:35 pm
(Kelly M Greenhill, "When migrants become weapons: The long history and worrying future of a coercive tactic," MIT Center for International Studies (March/April 2022))While our focus is on the current use of the tactic by Russia in the context of its imperial adventurism; it ought to be considered as well as a tactic of equalizing power where smaller states seek concessions from larger and potentially opposing states (e.g., "Nicaragua is ‘weaponizing’… [read post]
1 Dec 2023, 12:30 pm by John Ross
While is why the Sixth Circuit (over a dissent) just applied Chevron and Rust v. [read post]
1 Dec 2023, 8:29 am by Sasha Volokh
But the constraints on public prosecutors, which we saw in connection with United States v. [read post]
30 Nov 2023, 7:38 am by INFORRM
That was a threshold condition, and not question of discretion, R (Omar) -v- Secretary of State for Foreign and Commonwealth Affairs [2014] QB 112 [30]. [read post]