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25 Oct 2023, 10:26 pm by Frank Cranmer
That right might therefore be overridden by a state body, provided there was a sufficiently pressing need to do so for one of the purposes in Article 9(2) and the means used were both lawful and proportionate, applying the four-stage proportionality test in Bank Mellat v Her Majesty’s Treasury (No 2) (SC(E)) [2014] AC 700 [at 20] and allowing the state body an appropriate discretionary area of judgment. [read post]
25 Oct 2023, 7:17 pm by Michael Lowe
Automated Medical Laboratories, Inc., 770 F.2d 399, 407 (4th Cir. 1985) and United States v. [read post]
25 Oct 2023, 12:11 pm by Mark Ashton
The art never left the walls of the parents, but the ownership did. [read post]
20 Oct 2023, 11:03 pm by Blair & Kim, PLLC
To determine if procedures interfering with fundamental rights comply with Fourteenth Amendment due process rights, the court applies the Mathews v. [read post]
16 Oct 2023, 10:42 am by Eric Goldman
Substantial State Interest As usual, the court credits the state’s interest in protecting children’s privacy and physical/psychological well-being. [read post]
16 Oct 2023, 5:00 am by Hannah Rahim
Helms upheld a state statute that made it a criminal offense for a parent to willfully abandon their dependent child and leave the state. [read post]
13 Oct 2023, 9:35 am by John-Paul Boyd KC
I’m not bound by the rules of evidence, I’m not bound by the rules of court, and, with certain exceptions concerning children’s parenting arrangements, I’m only bound to consider the statutory and common law of a jurisdiction if the parties agree that I will apply that law in making my decision. [read post]