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3 Apr 2009, 11:50 am
Arar v Ashcroft is an example of this last category (although the court found that a Bivens action was not available because of state secrets considerations rather than directly under the state secrets doctrine). [read post]
The court reaffirmed the 2002 Supreme Court of Canada decision in Mackin v New Brunswick, which held that the state only has limited immunity. [read post]
16 Sep 2024, 6:00 am by Public Employment Law Press
[SEIU] commenced this hybrid CPLR Article 78 proceeding seeking [1] review of the Department's determinations and [2] an action to recover damages alleging the Department had denied its two members administrative due process "because they were not afforded hearings prior to [these] determinations being placed in the files". [read post]
16 Sep 2024, 6:00 am by Public Employment Law Press
[SEIU] commenced this hybrid CPLR Article 78 proceeding seeking [1] review of the Department's determinations and [2] an action to recover damages alleging the Department had denied its two members administrative due process "because they were not afforded hearings prior to [these] determinations being placed in the files". [read post]
21 Dec 2017, 4:10 am by DR PAUL DALY, QUEENS' COLLEGE CAMBRIDGE
As Lord Carnwath concluded after his illuminating discussion of the standard required of planning reasons (at paras 35-42), the question will be “whether the information so provided by the authority leaves room for ‘genuine doubt … as to what (it) has decided and why’” (at para 42, citing Sir Thomas Bingham MR in Clarke Homes Ltd v Secretary of State for the Environment (1993) 66 P & CR 263). [read post]
20 Jun 2011, 12:26 am
Third, there's the Ninth Circuit opinion of March 19, 2010, which is the opinion being appealed to the Supreme Court. [read post]