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The judges’ conclusions on the key issues In order to make good an art 14 claim, a claimant has to establish that (a) the circumstances fall within the ambit of a substantive Convention right, (b) the claimant has a relevant status for the purposes of art 14, (c) they have been treated differently from others in a similar situation, by reason of their status; if so the burden is then on the state to demonstrate (d) whether the difference in treatment is objectively… [read post]
11 May 2009, 11:38 am
As Para 38 states: All this presupposes that the authority’s decision is made by properly trained and experienced social workers in accordance with the guidelines approved by Stanley Burnton J in B v Merton. [read post]
2 Apr 2010, 12:38 am by David Kopel
(a) Social Security (b) The Federal Trade Commission (c) Medicare/Medicaid (d) The Securities and Exchange Commission (e) The new Health Care mandate In my view, (a), (b), (c), and (d), are constitutional, but (e) is not. [read post]
20 Sep 2024, 6:00 am by Public Employment Law Press
The Appellate Division unanimously affirmed the Supreme Court's ruling.Foundation is a 501(c)(3) corporation that opposes public employee unions and the Appellate Division's decision notes that "As part of its mission, it contacts represented public employees to inform them of their rights to opt out of union membership".An employee of Foundation had submitted a FOIL request  [the "May request"] to DCAS. [read post]
20 Sep 2024, 6:00 am by Public Employment Law Press
The Appellate Division unanimously affirmed the Supreme Court's ruling.Foundation is a 501(c)(3) corporation that opposes public employee unions and the Appellate Division's decision notes that "As part of its mission, it contacts represented public employees to inform them of their rights to opt out of union membership".An employee of Foundation had submitted a FOIL request  [the "May request"] to DCAS. [read post]
5 Jul 2011, 1:44 pm
”InsufficiencyMoving on to the question of insufficiency, the Judge explained that[458] “A patent is invalid “if the specification does not disclose the invention clearly enough and completely enough for it to be performed by a person skilled in the art” (section 72(1)(c) of the 1977 Act). [read post]
18 Dec 2009, 1:35 am by gmlevine
“Knowledge of Complainant’s rights is an essential part of the bad faith analysis,” Russell Frey d/b/a edHelper v. [read post]
6 Jul 2017, 1:16 pm by Jonathan L. Shapiro
The legislation is also notable in that it reverses a prohibition on judicial blue penciling that was established by the Nevada Supreme Court in a 2016 decision, Golden Road Motor Inn, Inc. d/b/a Atlantis Casino Resort v. [read post]
6 Jul 2017, 1:16 pm by Jonathan L. Shapiro
The legislation is also notable in that it reverses a prohibition on judicial blue penciling that was established by the Nevada Supreme Court in a 2016 decision, Golden Road Motor Inn, Inc. d/b/a Atlantis Casino Resort v. [read post]