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14 May 2020, 6:56 am by Mark Movsesian
My essay addresses some of the legal issues: whether bans are "generally applicable" under Employment Division v Smith, how courts might weigh the burden on religion against the state's interest in curbing the epidemic, whether less-restrictive means are available, etc. [read post]
”(32) • If a fee opponent seeks a reduction, it bears the burden of providing specific evidence to overcome the presumptive reasonableness of the base lodestar figure.(33) 9. [read post]
19 Apr 2020, 10:21 am by Neil Wilkof
Reference was made to various cases, including Morison v Moat (1861) 68 ER 492, where Turner VC held that “the Court fastens the obligation on the conscience of the party, and enforces it against him”, and Smith Kline & French Laboratories v Secretary, Department of Community Services and Health (1990) 17 IPR 545, where Gummow J stated that “an obligation of conscience is to respect the confidence, not merely to refrain from causing detriment to the… [read post]