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9 Jun 2023, 8:01 am by Tom Dannenbaum
On June 6, a Ukrainian dam in Russian-occupied Kherson suffered a massive breach, draining the enormous Kakhovka reservoir into the surrounding region at a rapid rate and reportedly “fully destroy[ing]” the Kakhovka Hydroelectric Power Plant. [read post]
8 Jun 2023, 10:02 am by Eugene Volokh
A few excerpts from the very long opinion: What's more, the statute's broad scope applies not only to speech concerning purely private matters, but also to communications on matters of public concern: speech that "occupies the highest rung of the hierarchy of First Amendment values. [read post]
7 Jun 2023, 8:54 pm by CoL .net
Kaye focused on one exception, HAC Article 13(1)(b), which gives courts discretion not to order a child’s return where there is a ‘grave risk’ that it would ‘expose the child to physical or psychological harm’. [read post]
Determining the presence of an “attack” within the framework of international humanitarian law is a complex and nuanced matter. [read post]
The court also ruled that the terms “for traffic and transport-related matters” is unclear and ambiguous. [read post]
6 Jun 2023, 7:02 am by David Aaron
The government can only classify national security information that has been produced by or for the government and that relates to at least one of several enumerated subject-matter areas. [read post]
6 Jun 2023, 5:55 am by Tess Graham
Ultimately, the degree to which any eventual treaty is gender competent will have enormous practical impacts for the victims of these grave crimes. [read post]
5 Jun 2023, 1:21 am by INFORRM
Hong Kong United Nations (UN) experts have expressed “grave concern” regarding the arrest, detention and multiple prosecutions against pro-democracy advocate and media owner, Jimmy Lai, and his newspaper which has now been shut down, Apply Daily. [read post]
30 May 2023, 6:43 am by Joel R. Brandes
The mother introduced affidavit testimony of domestic violence to buttress her “grave risk of harm” defense to the child’s return pursuant to Article 13(b) of the Convention. [read post]
26 May 2023, 3:43 pm by Anthony A. Fatemi, LLC
One recent example of this is a case from the 9th Circuit Court of Appeals, which covers federal matters in California and several other western states. [read post]
26 May 2023, 1:24 pm by Joel R. Brandes
But the German Central Authority cited Section 155 of the Act on Proceedings in Family Matters and Matters of Non-Contentious Jurisdiction, which provides for handling of custody issues “in an expedited manner. [read post]
26 May 2023, 1:14 pm by Joel R. Brandes
The Court found that the existence of the German equivalent of child protective services, jugendamt, was supported by the evidence of record and was also an appropriate matter for judicial notice. [read post]
26 May 2023, 1:13 pm by Joel R. Brandes
   “ ‘[W]hether a child is of sufficient age and maturity is a fact-intensive process,’ and the Fifth Circuit has ‘declined to hold, as a matter of law, that any particular age is sufficient of insufficient to meet the defense. [read post]
26 May 2023, 1:01 pm by Joel R. Brandes
The Supreme Court’s June 2022 decision held that the Second Circuit could not require district courts to consider ameliorative measures after a grave risk finding, but that district courts could do so as a matter of discretion. [read post]
26 May 2023, 1:00 pm by Joel R. Brandes
  In Royal Borough of Kensington and Chelsea v Bafna-Louis, 2023 WL 2387385 (S.D.N.Y., 2023) the Royal Borough of Kensington and Chelsea (the “RBKC”) brought a petition for the return of CBL and Baby L to the United Kingdom pursuant to the Hague Convention. [read post]
This arrest is a tangible demonstration that this commitment does not fade and that justice will be done, no matter how long it takes. [read post]