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9 Apr 2015, 10:48 am
Although the Court still concludes that the attenuation exception applies in large part based on the “unlawful lead” line of cases, the Court will order that the Government provide the Court with an ex parte declaration summarizing the contours of the mysterious law enforcement database used by HSI, including any limitations on how and when the database may be used. [read post]
9 Apr 2015, 5:00 am
Since we originally wrote that post in mid-2007, prompted by the terrible decision in State ex rel. [read post]
8 Apr 2015, 9:01 pm
The pro-life movement has long attempted to prohibit abortion as an act of murder against an innocent human life. [read post]
8 Apr 2015, 2:30 am
Common reasons for intermittent leave include time off for an employee’s occasional medical appointments, flare-ups of a chronic condition (ex. migraines), or periodic treatment of an ongoing disease (ex. chemotherapy). [read post]
6 Apr 2015, 6:58 pm
Call ex-prosecutor Michael Kraut for a free consultation right now. [read post]
6 Apr 2015, 1:26 am
In the same post I also touched upon the more substantive piece of news that week, which was the publication of the long awaited The Litigants in person in private family law cases research study (Trinder et al). [read post]
2 Apr 2015, 5:35 am
Any deliberation on the fundamental question of when and how CSIS can be authorized to violate Charter rights will be conducted in an ex parte and in camera warrant proceeding. [read post]
2 Apr 2015, 1:00 am
But that outcome will take time to achieve, possibly a very long time. [read post]
1 Apr 2015, 5:57 pm
For his part, Quesada can rightly claim some credit for being a part of the team that help improve the city’s books. [read post]
1 Apr 2015, 6:53 am
” Equity, said the Court, is the source of cases like Ex Parte Young, now the leading precedent permitting suits seeking constitutional injunctions against state or federal officials. [read post]
31 Mar 2015, 3:16 pm
But I do wonder about the question posed in the title, as well as whether I need to rethink how I teach Ex Parte Young. [read post]
31 Mar 2015, 12:28 pm
Following an emergency, a lead agency can reset the “baseline” to the post-emergency repair condition in circumstances in which the lead agency had long considered undertaking the full project (pre-emergency and post emergency work.) [read post]
30 Mar 2015, 2:46 am
Mattel makes everyone’s favourite word-forming board game, Scrabble (although this ex-Kat prefers Bananagrams). [read post]
30 Mar 2015, 1:07 am
The statutory condition that the use of the land be “as of right” derives from the rules of prescriptive acquisition, which “prevent the disturbance of long-established de facto enjoyment”, as Lord Hoffman put it in R v Oxfordshire County Council, ex p Sunningwell Parish Council [2000] 1 AC 335 at p 349. [read post]
29 Mar 2015, 4:02 pm
Canada In the case of Self v Baha’i 2015 NSSC 94 the Supreme Court of Nova Scotia discharged a cyber protection order which had been made ex parte, holding that a finding of cyber-bullying required proof of malice. [read post]
28 Mar 2015, 7:19 pm
My trustees shall pay to or apply to the benefit of my said wife, at any time and from time to time, such part or parts of such accumulated income as my corporate trustee, taking into account her income from all sources, shall in its sole judgment and discretion deem necessary or suitable for the comfortable maintenance, support and welfare of my said wife. [read post]
25 Mar 2015, 9:00 am
When an injury is long-term, relevant damages may include but are not limited to: Money for medical bills; Compensation for lost earnings capacity; Money to cover other costs tied to the injury (ex. a personal care worker now and in the future, home renovations for accessibility, etc.), and Compensation for pain and suffering. [read post]
25 Mar 2015, 7:59 am
That’s the easy part. [read post]
22 Mar 2015, 7:00 am
For the most part, the Al Qaeda core still mostly produces variants of the same tired old content it has been putting out since 2001—long videos featuring senior Al Qaeda ideologues pontificating about various aspects of jihad and quoting extensively from the Qur’an. [read post]
21 Mar 2015, 12:10 pm
In that case, the trial court had entered an emergency ex parte order granting temporary custody of the couple’s child to the father. [read post]
