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17 Apr 2012, 8:30 am by Rosalind English
R (on the application of Ian Shutt and John Tetley v Secretary of State for Justice (2012) [2012] EWHC 851 (Admin) – read judgment Hard on the heels of  MP  comes another case on the unlawful restriction of discretion with regard to prison rules (see my post on that decision). [read post]
14 Jan 2008, 10:59 am
In contrast, Justice Stevens, in dissent, repeatedly stated that he didn’t perceive such a risk. [read post]
11 Jan 2020, 10:47 am by Mark Tushnet
a gay rights doctrine (even though, as Carpenter points out, there are predecessors in United States v Moreno and Cleburne). [read post]
4 Sep 2020, 3:58 am by CMS
Twenty years later, in Johnson v Gore Wood & Co [2002] 2 AC 1, the Court of Appeal purportedly (in the words of the Supreme Court yesterday) followed the Prudential decision, reiterating the Foss v Harbottle rule and holding that a shareholder cannot sue for the recovery of a diminution in the value of his shares or in distributions, where that loss flows from loss suffered by the company and that company has a cause of action to recover… [read post]
9 May 2022, 5:00 am by Public Employment Law Press
"Finally, opined the Appellate Division, Petitioners' membership reclassification did not violate Article V, §7 of the New York State Constitution which, in pertinent part, provides that "After July first, nineteen hundred forty, membership in any pension or retirement system of the state or of a civil division thereof shall be a contractual relationship, the benefits of which shall not be diminished or impaired", since "petitioners were never… [read post]
9 May 2022, 5:00 am by Public Employment Law Press
"Finally, opined the Appellate Division, Petitioners' membership reclassification did not violate Article V, §7 of the New York State Constitution which, in pertinent part, provides that "After July first, nineteen hundred forty, membership in any pension or retirement system of the state or of a civil division thereof shall be a contractual relationship, the benefits of which shall not be diminished or impaired", since "petitioners were never… [read post]
9 May 2022, 5:00 am by Public Employment Law Press
"Finally, opined the Appellate Division, Petitioners' membership reclassification did not violate Article V, §7 of the New York State Constitution which, in pertinent part, provides that "After July first, nineteen hundred forty, membership in any pension or retirement system of the state or of a civil division thereof shall be a contractual relationship, the benefits of which shall not be diminished or impaired", since "petitioners were never… [read post]