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18 Jan 2010, 9:29 am by Rosalind English
But these motives are no more to the point than the motives of the council that charged a husband for admission to their pool while letting his wife in free; this discrepancy arose out of the discriminatory pensionable age provisions and therefore the council’s entire innocent motives – of allowing people of pensionable age free admission – had a discriminatory basis (James v Eastleigh Borough Council [1990] 2 AC 751. [read post]
15 Jan 2010, 10:06 am
"(para 131)And for what it is worth, a roughly similar finding was reached, albeit obiter and with an admission of some possibility of doubt , in the recent English libel case of Metropolitan v Designtechnica, where Eady J opined: "it would appear on balance that the provisions of the 2002 Regulations [defining an ISSP] are apt to cover those providing search engine services. [read post]
13 Jan 2010, 12:49 pm by Adam Thierer
Vladeck states that advise-and-consent models “depended on the fiction that people were meaningfully giving consent. [read post]
12 Jan 2010, 2:32 pm by Clerquette LeClerq
Collins, for example, describes one of her first oral arguments, in United States v. [read post]
7 Jan 2010, 10:36 am by Beck, et al.
“[J]oinder based on the belief that the same occurrence or transaction is satisfied by the fact that claimants have the same or similar device of a defendant manufacturer implanted in or about their spine is. . .not a proper joinder. [read post]
6 Jan 2010, 10:44 am
The case illustrates another point too: Kitchin J records at [88] that "the positions adopted by DSS before this Court and the CFI are radically different. [read post]