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21 Sep 2020, 10:40 am by Ellis Cose
”Jessica Clarke, a law professor at Vanderbilt University Law School, pointed to studies showing that bigots routinely hid behind free speech arguments as a cover for racism. [read post]
21 Sep 2020, 6:43 am by INFORRM
Irish constitutional law does indeed subscribe to a hierarchy of rights in some cases (see, eg, People (DPP) v Shaw [1982] IR 1, 63 (Kenny J)); but that is usually unprincipled and largely unworkable (see, eg, Attorney General v X [1992] 1 IR 1, [1992] IESC 1 (5 March 1992) [138]-[139] (McCarthy J), [184] (Egan J); Sunday Newspapers Ltd v Gilchrist and Rogers [2017] IESC 18 (23 March 2017) [36] (O’Donnell J)… [read post]
18 Sep 2020, 4:00 am by Deanne Sowter
I’m confident most lawyers have examples of mediation being used inappropriately, including instances of lawyers using the process to access information, to gauge a party’s bottom line, or as in this case, to try to persuade the arbitrator. [read post]
17 Sep 2020, 5:30 am by Daniel E. Cummins, Esq.
The plaintiff argued that the regular use eExclusion was unenforceable under the Gallagher v. [read post]
1 Sep 2020, 12:54 am by CMS
In this post, Joanna Clark and Emma Ainsley of CMS discuss the judgment handed down by the UK Supreme Court on 15 July 2020 in a referral from the High Court of Justiciary, the Scottish criminal appeal court, in the matter of Sutherland v Her Majesty’s Advocate [2020] UKSC 32 concerning the admissibility of evidence obtained by so-called “paedophile hunter” groups in criminal trials. [read post]
17 Aug 2020, 8:40 am by Randy E. Barnett
The first book is one of mine to use as a trial run and to give the students an idea of where I am coming from when we discuss the other books. [read post]
16 Aug 2020, 5:51 am by Matt Gluck, Tia Sewell
Court of Appeals for the Ninth Circuit recently declined to rehear en banc Fazaga v. [read post]