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19 Feb 2024, 4:33 am
There aren’t a lot of cases on the statute either but there is a Superior Court case from 1996 (Blackwell v. [read post]
19 Feb 2024, 4:25 am
Jabari.[3] Jabari v. [read post]
SCOTUS Repeated Relisting of a Case on the Meaning of Race Neutrality--and a Plug for my new Article
19 Feb 2024, 4:00 am
In May of last year (i.e., before SFFA was decided), the U.S. [read post]
19 Feb 2024, 3:00 am
State v. [read post]
19 Feb 2024, 1:45 am
On 14 February 2024 there was a strike out/summary judgment application in the case of Chowdhury-v-Secretary of State for the Home Department KB-2023-003368. [read post]
19 Feb 2024, 1:07 am
In Minister of Agriculture v Bluelilliesbush Dairy Farming (270/07) [2008] ZASCA 60 (29 May 2008), the Supreme Court of Appeal considered compensation following an outbreak of bovine tuberculosis where 7 000 cattle were slaughtered by the State in terms of the Act. [read post]
19 Feb 2024, 12:22 am
If PMAC arbitral tribunals are prevented from seeking the correct interpretation of EU competition law from the CJEU, enforcement of PMAC arbitral awards may risk being refused on the ground of public policy – under Article V.2(b) of the New York Convention – every time EU competition law may have been infringed or misapplied. [read post]
18 Feb 2024, 5:29 pm
Under Gam, a corporate fiduciary’s “wrongful taking of [the entity]’s funds for his sole benefit” may constitute cause for judicial removal. [read post]
18 Feb 2024, 6:45 am
Jurisdiction involves the exercise of state powers over litigants, and while implied choice of law may indicate a governing law, it does not necessarily imply submission to the jurisdiction of a specific court. [read post]
18 Feb 2024, 6:30 am
Quoting an article by Felix Frankfurter from 1916, and also citing Ernst Freund, Post states that Progressives had repudiated Lochner v. [read post]
17 Feb 2024, 11:36 am
From Teising v. [read post]
17 Feb 2024, 11:07 am
Reich v. [read post]
17 Feb 2024, 7:54 am
” Lutkauskas v. [read post]
17 Feb 2024, 6:30 am
Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]
17 Feb 2024, 2:47 am
Halet v. [read post]
16 Feb 2024, 10:10 pm
The Opinion of 12 October 2023 provided by AG Richard de la Tour had gone to the contrary, namely that an international element must be established “according to objective criteria” whereas the mere subjective choice of a foreign Member State’s court may not suffice to trigger the application of the Brussels Ibis Regulation (para. 32). [read post]
16 Feb 2024, 5:44 pm
That is a lesson that may not be lost on other social collectives similarly situated. [read post]
16 Feb 2024, 12:13 pm
Then, in Lexmark v. [read post]
16 Feb 2024, 12:00 pm
(One has to consider whether these would pass First Amendment scrutiny, particularly in light of recent decisions such as the one in NetChoice v. [read post]
16 Feb 2024, 11:48 am
New York State Division of Human Rights. [read post]
