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25 Jun 2018, 2:23 pm
While the Court is correct that the Constitution’s Patent Clause “ ‘was written against the backdrop’ ” of English practice, ante, at 14 (quoting Graham v. [read post]
24 Jun 2018, 2:30 pm by David Lat
[Empirical SCOTUS] * Will Baude breaks down the Court's intriguing debate over stare decisis in South Dakota v. [read post]
22 Jun 2018, 10:33 am by Mclarty Wolf
In a dispute whether the will-maker was mentally capable of making a will, the Court will apply a common law legal test known as the rule in Banks v Goodfellow (which is a nineteenth-century English court decision). [read post]
21 Jun 2018, 11:00 pm by Giesela Ruehl
Fourth, in the context of applying the ‘necessary or proper party’ gateway, the practical objectives of avoiding two trials on similar facts and events in different parts of the world outweigh the need for the existence of a territorial connection between England and the claim against a foreign subsidiary of the English-domiciled parent company. 4) Unlike in Vedanta, the foreign claimants in Okpabi v Shellfailed to establish jurisdiction of the English courts… [read post]
21 Jun 2018, 9:45 am
This shop sold cacti and associated plants under the name Prick (& the Britney Spears inspired company name Prick Me Baby One More Time).While cacti and tattoos are not often confused, the geographical proximity and similar names concerned Mr Martinez and led to a series of social media posts followed by the inevitable legal letter and claim: Martinez (t/a Prick) & Anor v Prick Me Baby One More Time Ltd (t/a Prick) & Anor [2018] EWHC 776 (IPEC).Some prickly issuesAt trial, there… [read post]
20 Jun 2018, 10:07 am by Charles Kotuby
” The posting includes an English translation of the first Chinese case to recognize and enforce a U.S. judgment, prepared by Yuting Xu. [read post]
19 Jun 2018, 4:50 am by Yash Naidoo
The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims. [read post]
18 Jun 2018, 7:17 pm
I am happy to announce the publication of "Chinese Constitutionalism in the 'New Era': The Constitution in Emerging Idea and Practice," which appears in the latest issue of the Connecticut Journal of International Law 33(2):163-213 (2018). [read post]
18 Jun 2018, 4:13 pm by INFORRM
English courts have stated more clearly that Art 8 does not protect corporate reputation (Euromoney Institutional Investor Plc v Aviation News Ltd at [20]), and also seem suspicious of the idea that it is protected by A1P1 (Ajinomoto Sweeteners V Asda Stores Ltd at [29]). [read post]