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23 Feb 2024, 1:43 pm by Rebecca Tushnet
In that case we have a zone of interests test and a proximate cause test—adding in a harm requirement at least for claims that sound in 43(a). [read post]
23 Feb 2024, 6:00 am by Public Employment Law Press
Governmental immunity, sometimes referred to as sovereign immunity, is based on the theory that "government" is an entity immune from being held responsible for its actions or inactions that cause harm, provided the harm was caused while the entity, or its agent, was performing its governmental functions. [read post]
23 Feb 2024, 6:00 am by Public Employment Law Press
Governmental immunity, sometimes referred to as sovereign immunity, is based on the theory that "government" is an entity immune from being held responsible for its actions or inactions that cause harm, provided the harm was caused while the entity, or its agent, was performing its governmental functions. [read post]
21 Feb 2024, 9:01 pm by Samuel Estreicher and Klara Nedrelow
”[20] Israel also stated that any allegations of genocidal intent are negated by “(1) Israel’s restricted and targeted attacks of legitimate military targets in Gaza; (2) its mitigation of civilian harm by warning them through leaflets, radio messages, and telephone calls of impending attacks; and (3) its facilitation of humanitarian assistance. [read post]
21 Feb 2024, 8:00 pm by Giesela Ruehl
Although the courts have provided some routes to collective redress, Carballo Piñeiro argues that a robust legislative response is paramount if corporate accountability for environmental harm is to be realised in Europe. [read post]