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23 May 2019, 4:26 am by CMS
In Lord Carnwath’s view, the provision in s.67(8) RIPA for a route of appeal to the Secretary of State did not add anything, given that that power had not been exercised and was ultimately an executive power, so did not support the argument that the courts should not have ultimate control [104]. [read post]
28 Mar 2019, 12:02 pm
The distinction between an effective level and a highest level of protection was illustrated by a great analogy -(paraphrased and emphasis added) 'when visiting a doctor, you don’t ask for the highest level of protection/medicine available, you ask for the most effective remedy available'.Sir Richard Arnold and Eleonora, while agreeing with Bill, raised the counterpoint that the court is stuck with the language of the legislation. [read post]
30 Jan 2013, 5:53 am by JB
 (Moreover, at the conference political scientist John Dinan pointed out that, at the state level, polarization has not caused the same degree of gridlock, in part because many states lack the same filibuster rules and because at the state level it is more common for one party to control both the legislature and the governor's office).Sandy has famously distinguished between the the Constitution of Conversation-- those parts of the Constitution that… [read post]
28 Jan 2020, 10:30 am by Fadwa Hammoud
Fadwa Hammoud is the solicitor general of the state of Michigan, which joined an amicus brief on behalf of the petitioner in June Medical Services v. [read post]
4 Feb 2009, 12:25 am
What remains unaddressed is whether getting drunk, anticipating that at some point the person will get into a car and drive, rises to the level of "the culpable mental state of depraved indifference to human life. [read post]
23 Aug 2013, 3:51 pm
 Plus they often involve lower-level offenses that are more likely to confront "regular" citizens in their day-to-day lives (e.g., traffic tickets, low-level misdemeanors, etc.). [read post]
6 Sep 2011, 2:01 pm by WIMS
President Obama and his administration are strong partners with those of us on the state and local level of government in the fight for clean air and public health. [read post]
30 Jan 2021, 5:57 pm by The Law Office of Philip D. Cave
And, as the recent opinion of the District Court of Appeal of Florida, Third District, in Posey v. [read post]