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30 Aug 2023, 5:10 pm by Evan George
While the decision is only directly enforceable in Montana, it sends a strong message to other states whose constitutions also declare a right to a healthy environment that similar litigation might succeed in their own jurisdictions. [read post]
20 May 2015, 6:00 am by The Public Employment Law Press
In addition, an arbitration award may be vacated pursuant to CPLR §7511(b)(1)(iii) where "an arbitrator . . . exceeded his or her power," which includes those circumstances in which the award "violates strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power. [read post]
This principle, restated in R v Giannetto [1997] 1 Cr App R 1, has attracted strong criticism on the grounds that the dissimilarity between principal and accessory is one of strikingly different factual positions, thereby breach [read post]
11 Jan 2013, 5:50 am
Yesterday, the United States Court of Appeals for the Sixth Circuit issued an opinion in Keith v. [read post]
21 Mar 2016, 5:57 pm by Cindy Cohn
Above all, we’re committed to continuing to defend user rights to strong security, including strong encryption. [read post]
23 Oct 2006, 3:43 am by Tobias Thienel
The doctrine as formulated in past decisions expresses the strong sense of the Judicial Branch that its engagement in the task of passing on the validity of foreign acts of state may hinder rather than further this country’s pursuit of goals both for itself and for the community of nations as a whole in the international sphere. [read post]
23 Sep 2022, 5:01 am by David Ardia
This is part V in a series of posts discussing First Amendment Limits on State Laws Targeting Election Misinformation, 20 First Amend. [read post]
25 Jun 2013, 9:45 am by Kate Fort
In a split 5-4 opinion by Justice Alito, with a strong dissent from Justice Sotomayor, the Court limited ICWA, but did not eliminate it. [read post]