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4 Feb 2011, 7:48 am by Adam Baker
Turning to the second question Binnie J reviewed what was then the leading Canadian case on fundamental breach: Hunter Engineering Co. v Syncrude Canada Ltd. [1989] 1 SCR 426. [read post]
2 Mar 2011, 5:10 am by Brian A. Comer
I am told that at the hearing, it was stated that the Branham case stood for the principle that if the Legislature did not actively renew a statue after a number of years, the Supreme Court felt it was empowered to overturn statutory authority and to adopt a rule of law directly contrary to the statute. [read post]
4 Jun 2012, 6:00 am by Jeff Lorenzo
The district court agreed with the State's contention, but felt bound to rule otherwise in light of a case decided in 1980 by this court. [read post]
30 Jun 2016, 9:01 pm by John Dean
While there is a so-called “political question” doctrine, first established in Luther v. [read post]
1 Jul 2015, 9:01 pm by Sherry F. Colb
The standard the City urged for reviewing a facial challenge used language from United States v. [read post]
13 Jul 2009, 12:08 pm
Café Concerto Ltd. v New York State Liquor Authority In this Article 78 proceeding, petitioner appealed a determination of the New York State Liquor Authority which imposed a civil penalty for the violation of Alcoholic Beverage Control Law § 65(1) and State Liquor Authority Rule 54.2. [read post]