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25 Oct 2011, 2:08 pm by Rachit Buch
In balancing these two rights, Tugendhat J had in mind the “ultimate balancing test” as referred to by Lord Steyn Re S (A Child) [2005] 1 AC 593 (at para 17) and guidance from Lord Bingham in R v Shayler [2003] 1 AC 247 (at para 26) that interference of the ECHR right must not be stricter than necessary to achieve the state’s legitimate aim. [read post]
21 Apr 2023, 4:41 pm by Anthony Zaller
Indeed, no reported California state court decision has endorsed the Ninth Circuit’s reasoning, and we are of the view that California courts “have been clear in their expression that section 16600 represents a strong public policy of the state which should not be diluted by judicial fiat. [read post]
21 Jun 2019, 2:23 pm by Anthony Zaller
Indeed, no reported California state court decision has endorsed the Ninth Circuit’s reasoning, and we are of the view that California courts “have been clear in their expression that section 16600 represents a strong public policy of the state which should not be diluted by judicial fiat. [read post]
11 Mar 2022, 9:06 pm by Anthony Zaller
Indeed, no reported California state court decision has endorsed the Ninth Circuit’s reasoning, and we are of the view that California courts “have been clear in their expression that section 16600 represents a strong public policy of the state which should not be diluted by judicial fiat. [read post]
13 Jan 2011, 5:43 am by Eoin Daly
In a mundane lens, this is a somewhat unsurprising application of the notoriously conservative Article 42.5 test refined in the “PKU” case, North Western Health Board v. [read post]
10 Dec 2010, 3:52 am
Here the issue concerned Lekkas’ lack of license to practice medicine in New York State although he had been appointed to the position of Assistant Clinical Physician with a State agency. [read post]
11 Apr 2015, 7:19 am by The Law Office of Philip D. Cave
Norris, 16 U.S.C.M.A. 574, 37 C.M.R. 194 (to be admissible, must be verbatim); United States v. [read post]