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18 Mar 2012, 4:49 am
Upon complaint by the New Zealand Fletcher Challenge, Powell J granted an injunction for passing off on the basis that the action was not restricted to situations involving competing traders in the same line of business, but included cases of false suggestion by a defendant that its business was connected with that of the plaintiff. [read post]
13 Mar 2012, 3:13 pm by SJM
Dixon v UK has now reached a conclusion in the ECHR with an Order made on 21/2/12 removing the case from the lists under Art 37 (1)(c) of the Convention.This Order is the Court’s response to a unilateral declaration made by the UK government on 8/11/11 accepting that Mr Dixon had not had the benefit of a proportionality exercise in line with the principles set out in McCann, Pinnock and Powell and that the High Court’s obiter findings on… [read post]
13 Mar 2012, 3:13 pm by SJM
Dixon v UK has now reached a conclusion in the ECHR with an Order made on 21/2/12 removing the case from the lists under Art 37 (1)(c) of the Convention.This Order is the Court’s response to a unilateral declaration made by the UK government on 8/11/11 accepting that Mr Dixon had not had the benefit of a proportionality exercise in line with the principles set out in McCann, Pinnock and Powell and that the High Court’s obiter findings on… [read post]
19 Feb 2012, 8:55 pm by Lawrence Solum
A certain kind of original-intent theory was self-defeating, if Powell's historical analysis was correct. [read post]
5 Feb 2012, 5:47 am
Powell coupled with AEDPA making them largely redundant since based on a pro se habeas petition, but occasionally one shows up worth reporting; but always a federal appeal: 2254 habeas petitioner had a “full and fair” opportunity to litigate his search and seizure claim in state court, and the habeas court could not second guess it a decision and will not permit litigation of a defaulted claim. [read post]
22 Dec 2011, 9:15 pm
.* In an IRS civil enforcement proceeding, the IRS agent’s affidavit is sufficient to satisfy the Powell requirements of subpoenas. [read post]
20 Dec 2011, 1:51 pm by WSLL
Copenhaver of Copenhaver, Kath, Kitchen & Kolpitcke, LLC, Powell, Wyoming; Bradley D. [read post]
20 Dec 2011, 8:45 am by Ken Shigley
(The following President’s column appeared in the December 2011 issue of the Georgia Bar Journal.) [read post]
15 Dec 2011, 6:25 am by Badrinath Srinivasan
Articles 34 and 36 of the Uncitral Model Law on International Commercial Arbitration: The Court's Discretion Amokura Kawharu Faculty of Law, University of Auckland Abstract: The opening paragraph of art 34(2) Model Law provides that “an arbitral award may be set aside by the court…”. [read post]
29 Nov 2011, 7:58 am by MBA
., Ste. 1100; Lazydays Tampa at 6130 Lazydays Blvd. in Seffner; or at any Cadence Bank branch: Barclay 14211 Powell Rd. [read post]
21 Nov 2011, 1:50 pm by Geoffrey Rapp
Engler, The untaxed king of South Beach: LeBron James and the NBA salary cap, 48 SAN DIEGO LAW REVIEW 601 (2011)Natasha C. [read post]