Search for: "State V. Osman"
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26 Aug 2016, 12:57 pm
” United States v. [read post]
24 Aug 2016, 12:15 pm
Facts: This case (Osman v. [read post]
16 Oct 2015, 11:24 pm
” When there is no longer respect for human rights, public calls can only state what one hopes for. [read post]
28 Jun 2015, 3:48 pm
As of 1 January 2015, 109 Member States and one non-Member Observer State have extended a standing invitation to thematic special procedures. [read post]
3 Jun 2015, 7:33 am
Sijniensky, Preventing Violations of the Right to Life in the European and the Inter-American Human Rights Systems: From the Osman Test to a Coherent Doctrine on Risk Prevention? [read post]
11 May 2015, 8:22 am
This strikes me as quite right under the First Amendment precedents, and it echoes another court’s conclusion in Osman v. [read post]
2 Mar 2015, 11:53 am
In Syria, the Islamic State released 19 of the recently captured Assyrian Christians. [read post]
20 Feb 2015, 4:57 am
However, distinguishing the present case from the leading case of Osman v UK (1998) 29 EHRR 245, Lord Justice Longmore held that the claim for a breach of the ECHR, art 2 should go to trial. [read post]
26 Jan 2015, 3:17 am
In last week’s ruling, the appellate court affirmed the denial of dissolution under BCL § 1102 but reversed the grant of common-law dissolution and dismissed the petition, stating: “[T]he remedy of common-law dissolution is available only to minority shareholders who accuse the majority shareholders and/or the corporate officers or directors of looting the corporation and violating their fiduciary duty” (Matter of Sternberg [Osman], 181 AD2d 897,… [read post]
26 Jun 2014, 10:28 am
This week, a federal court in Oregon rebuffed him; the following post summarizes the most recent developments in United States v. [read post]
21 May 2014, 10:31 am
At para.54 of the Court’s judgement, reference is made to Osman v UK. [read post]
14 Jan 2014, 6:50 am
Yesterday the Supreme Court denied cert in Cotterman v. [read post]
24 Oct 2013, 6:03 pm
Patachou, Inc. v. [read post]
14 Apr 2013, 9:26 am
Osman, 2013 Cal. [read post]
17 Jul 2012, 4:53 pm
The Utah Court of Appeals recently filed a memorandum decision regarding an appeal in the case of State v. [read post]
8 Mar 2012, 11:00 am
For example, in human rights law, a violation will occur where there has been a failure of state protection.[6] Thus, it makes no sense to speak of a human rights violation and a failure of state protection.[7] And even if a human rights violation is taken to be demonstrative of a failure of state protection (which is true in human rights discourse), the Refugee Convention speaks of a state’s inability or unwillingness to protect an applicant. [read post]
15 Feb 2012, 1:33 am
This is a significant case for many reasons, not least because of its clarification of when the “operational obligation” – the duty of the state to take “preventative operational measures” to protect the lives of individuals – articulated in Osman v United Kingdom [2000] 29 EHRR 245 applies. [read post]
13 Feb 2012, 11:30 pm
Ever since the notion of an operational duty was first enunciated in Osman v United Kingdom (2000) 29 EHRR 245, it has become something of a judicial mantra that the threshold for establishing a “real and immediate” threat was high (see for example Re Officer L [2007] UKHL 36, and Savage v South Essex Partnership NHS Foundation Trust [2009] AC 681 [41] and [66],). [read post]
12 Feb 2012, 1:16 pm
Osman held that the police could have such a duty (see also Mammadov v Azerbaijan (Application No. 4762/05) (2009) ). [read post]
10 Nov 2011, 3:54 am
It is established in Strasbourg and domestic jurisprudence that in certain “well-defined circumstances” art 2 will impose “a positive obligation on [state] authorities to take preventative operational measure” to protect the life of an individual (Osman v UK (2009) 29 EHRR 245 at 115). [read post]
