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15 Jan 2014, 4:10 pm
On the contrary, Mr Carr QC stated that issue estoppel and abuse of process are “all about justice” and noted the courts’ attempts to restrict the scope of strict action estoppel in cases such as Arnold v National Westminster Bank plc [1991] 2 AC 93 precisely because it can lead to injustice. [read post]
1 Jan 2014, 2:05 pm
Again, I was very uncomfortable, and this was kind of a desperate attempt on my part to figure out . . . what was going on [in the company]. [read post]
24 Dec 2013, 6:17 am
  At the time this decision was rendered, the court was applying Askey v. [read post]
11 Dec 2013, 5:41 pm by Robert Guest
If you read criminal appeals you know that our appellate courts desperately want to help the State by upholding as many convictions as possible on appeal. [read post]
10 Dec 2013, 10:35 am by Lyle Denniston
The combined cases the Court heard for about ninety minutes (EPA v. [read post]
5 Dec 2013, 12:20 pm by Michelle N. Meyer
What we're really worried about is undue inducement, which occurs, I suggest, when each of two conditions obtain: (1) the actor is relatively poor or otherwise desperate for money, such that the offer of compensation blinds her to an honest assessment of the action's risks and expected benefits; and (2) what an actor is paid to do is more than minimal risk. [read post]
4 Dec 2013, 11:04 am by Rebecca Tushnet
  Also deceptive mailings: “Prize Notification Bureau” with “State of California Commisioners of Registration” seal—FTC v. [read post]
27 Nov 2013, 10:28 am by Ann Tweedy
  As the current Court term churns along and conferences and arguments are conducted and orders are issued, one case from last term--Madison County v. [read post]
20 Oct 2013, 8:45 pm by Ken White
Let's look at updates state by state, and then turn to last Thursday's big development in Los Angeles. [read post]
25 Sep 2013, 8:00 am by Eric Rassbach
Weisman and Santa Fe Independent School District v. [read post]
17 Sep 2013, 12:44 pm by The Book Review Editor
II These chemical weapons attacks were not random, irrational atrocities mindlessly inflicted during the Anfal campaign, the desperate tactic of an army gone crazy. [read post]
2 Sep 2013, 9:53 pm by Kelly Phillips Erb
In 1895, the tax was found to be unconstitutional in the landmark case, Pollock v. [read post]