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8 Sep 2019, 8:17 pm
As much as the chattering classes might wish to wave this away through the legerdemain of academic discourse and a resort to the usual populist (clothed in the pretensions of the academic) slogans that have been used to drive the human rights project for the last generation, there is no escaping the victim in this DLBI. [read post]
21 Feb 2013, 7:26 am
The standard of proof that the Prosecution must achieve before you could convict is s [read post]
28 Mar 2012, 5:59 pm by Rebecca Tushnet
  Most recently, have turned to administrative forum in, e.g., Pom Wonderful, to test a new remedy: more clear and precise injunctive/fencing in remedy. [read post]
19 Aug 2018, 8:40 pm by Omar Ha-Redeye
The matter was referred to arbitration, with a decision in Ryerson University v Ryerson Faculty Association by Arbitrator William Kaplan released last month. [read post]
26 Mar 2007, 5:29 am by happyfeminist
  At no time did it occur to either of us to blame this young man for our reactions to him. [read post]
12 Dec 2011, 11:17 am by Eugene Volokh
We also do not specifically discuss recklessly false statements, though we note that recklessly false statements are generally treated similarly to knowingly false statements under this Court’s “actual malice” standard, New York Times Co. v. [read post]
3 Jan 2012, 11:15 am by Philip Favro
Mar. 1, 2011) Using Proportionality to Dictate the Scope of Permissible Discovery Case: DCG Systems v. [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]