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25 Jul 2010, 12:10 pm by David Smith
This was well-summarised by the Court in the following terms: (i) a claim for possession of land is the modern equivalent of a claim for ejectment (see the discussion in Secretary of State for the Environment v Meier [2009] UKSC 11; [2009] 1 WLR 2780, paragraphs 6-7, 26-33, and 59-61); (ii) a claim for ejectment (as opposed to a claim for an injunction in trespass) could only be maintained by someone who could establish a legal estate in the land (see e.g. per Lord Mansfield… [read post]
25 Jul 2010, 12:10 pm by David Smith
This was well-summarised by the Court in the following terms: (i) a claim for possession of land is the modern equivalent of a claim for ejectment (see the discussion in Secretary of State for the Environment v Meier [2009] UKSC 11; [2009] 1 WLR 2780, paragraphs 6-7, 26-33, and 59-61); (ii) a claim for ejectment (as opposed to a claim for an injunction in trespass) could only be maintained by someone who could establish a legal estate in the land (see e.g. per Lord Mansfield… [read post]
20 Jul 2010, 4:30 am by Dan Eller
The United States District Court for the Middle District of Georgia, Athens Division, touched on this issue in a decision last week.In Morris v. [read post]
16 Jul 2010, 7:22 am by Kent Scheidegger
  Sullivan is a former CJ of the Court of Appeals for the Armed Forces; Freeh is a former district judge and FBI Director. [read post]
2 Jul 2010, 10:00 pm by Rosalind English
Regina v Budimir and another; Interfact Ltd v Liverpool City Council [2010] EWCA Crim 148; [2010] EWHC 1604 (Admin); [2010] WLR (D) 166 CA and DC: Lord Judge CJ, David Clarke, Lloyd Jones JJ: 29 June 2010 – read judgment A new High Court decision has struck a blow for legal certainty and enforced the sometimes forgotten right under human rights law against retrospective criminal sanctions, which applies even in cases where the UK had failed to enact European… [read post]
30 Jun 2010, 2:09 pm
A Service from the ABA Criminal Justice Section (CJS) *, http://www.abanet.org/crimjust* MCDONALD ET AL. v. [read post]
28 Jun 2010, 8:30 am by David Zaring
  As Tom Goldstein predicted, CJ Roberts wrote the 5-4 opinion. [read post]
24 Jun 2010, 7:33 am by Kent Scheidegger
Justice Kennedy dissents joined by CJ Roberts and Justices Ginsburg and Alito. [read post]
23 Jun 2010, 7:33 pm
 Not so, said CJ Roberts. [read post]
14 Jun 2010, 11:25 am by Kent Scheidegger
Landrigan, 550 U.S. 465, 473-74 (2007).Few state court judgments can withstand even one such error, see, e.g., Jones v. [read post]
1 Jun 2010, 7:24 pm
 In Comstock, CJ Roberts cast the crucial fifth vote for Justice Breyer's opinion, which states the test of congressional power under Article I quite broadly. [read post]