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1 Aug 2011, 8:13 am by Stefanie Levine
  Judge Lourie states “[v]isualization does not cleave and isolate the particular DNA; that is the act of human invention. [read post]
1 May 2014, 7:35 am
The Supreme Court has recently delivered an important judgment in the case of National Legal Services Authority v Union of India (NALSA). [read post]
25 May 2011, 1:00 pm by McNabb Associates, P.C.
ARTICLE V Neither of the Contracting Parties shall be bound to deliver up its own citizens under this Treaty, but the executive authority of each shall have the power to deliver them up, if, in its discretion, it be deemed proper to do so. [read post]
22 Feb 2024, 8:08 am by CMS
However, the court contested this, stating that, just because this is an uncustomary rule, this does not signify that it is extraneous. [read post]
18 Feb 2013, 4:48 am
The court explained that "Regardless of the merits in a particular case, a party whose rights are being determined at a quasi-judicial administrative hearing must be given the opportunity to cross-examine witnesses," citing Matter of Seeger v Moduform, Inc., 146 AD2d at 923. [read post]
31 Mar 2010, 11:01 am
These are the kinds of judgments reserved to the states, and nothing in the FMIA requires states to make them on a species-wide basis or not at all. [read post]
26 Jan 2012, 3:38 pm by Steve Vladeck
In my view, there’s a lot to be said for the argument that, all things being equal, it makes a lot of analytical sense in these cases for liability to be a question of federal, rather than state, law. [read post]
13 Mar 2017, 2:42 am by SAMANTHA KNIGHTS, MATRIX
However, the majority decision to effect that the prescriptive nature of the balancing exercise in the Rules is compatible with ECHR, art 8 as being within the ‘margin of appreciation’ of state administrative policy is more problematic and requires closer consideration. [read post]
29 Jul 2016, 2:21 am by Karon Monaghan QC
In a case brought by Rights of Women determined in February this year, the Court of Appeal concluded that Regulations made under LASPO requiring victims of domestic violence to satisfy onerous evidential requirements directed at establishing the necessary victimhood as a condition of a grant of legal aid, were contrary to the purpose of LASPO and unlawful (R (Rights of Women) v Secretary of State for Justice [2016] EWCA Civ 91). [read post]