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17 Feb 2015, 4:00 am by Dianne Saxe
The anti-wind constitutional appeals In Dixon v. [read post]
11 Jan 2016, 7:30 am by Aidan Wills, Matrix
The Justices considered two previous judgments in which it/the House of Lords has held suspicionless stop and search powers to comply with article 8 (R (Gillan) v Commissioner of Police for the Metropolis [2006] UKHL 12; Beghal v Director of Public Prosecutions [2015] UKSC 49) and the European Court of Human Rights’ (ECtHR) decision in Gillan v UK (2010) application no. 4158/05, in which it held that the suspicionless search power under section 44… [read post]
12 Jan 2017, 9:29 am
Already described as the most important ruling in the modern history of the international law of the sea, a Tribunal of the Permanent Court of Arbitration handed down a sweeping rebuke of China’s contentions in the July 2016 Award in the South China Sea Arbitration (Philippines v. [read post]
8 Sep 2014, 11:31 am by Alexander Suarez
 The trial court granted the team’s motion for summary judgment, but in City of Oakland v. [read post]
22 Apr 2013, 9:30 pm by Karen Tani
McMahonDale Carpenter, FLAGRANT CONDUCT: THE STORY OF LAWRENCE V. [read post]
10 Apr 2013, 10:00 am by Dan Ernst
Indeed, this conception has probably been the most common understanding for almost a century.That may have been the framers intentions, and it works well in explaining the recent past, particularly since the New Deal, but struggles as an explanation once we remember that Congress only rarely exercised its powers under the Bankruptcy Clause for almost a century after the Nation’s founding.It also neglects the understanding of the Bankruptcy Clause that developed shortly after… [read post]
5 Nov 2020, 7:00 am by Public Employment Law Press
Citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471and other decisions, the Appellate Division observed that "A court may vacate an arbitration award on the ground that the arbitrator exceeded his [or her] powers within the meaning of CPLR 7511(b)(1)(iii) only where the arbitrator's award violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power. [read post]
4 Jun 2018, 2:57 pm by Mark Tushnet
" Rather, under the rationale the Smith Court used to preserve the holdings in the unemployment compensation cases, the Commission would have to employ a Sherbert v. [read post]
23 Nov 2013, 4:30 am by Karen Tani
From Chicago to Santiago: The Formation and Impact of the ‘Chicago Boys and Girls’Robert Van Horn, "Corporate Funders, Edward Levi, and the Rise of Chicago Law and Economics in the 1950s"Paul V. [read post]
26 Jan 2013, 7:08 pm by Gerard N. Magliocca
Nevertheless, there are precedents (most notably INS v. [read post]
31 Aug 2017, 6:12 am
 Therefore, any failure to perform those tasks could not form the basis of a negligence claim.In deciding the motion, Justice Ray of the Superior Court of Justice accepted that the powers of the MOECC under the Act are discretionary, but ruled that the fact that the powers were discretionary did not preclude a finding that the MOECC owed the neighbouring landowner a duty of care. [read post]