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29 Oct 2010, 3:57 am by INFORRM
While Article 8 may include a positive obligation on a member state to adopt measures to secure respect for private life between individuals, the state has a wide margin of appreciation as to what is required particularly where there is a balance between competing interests or Convention rights (see, for example, Evans v UK (2008) 46 EHRR 34 at [75], [77]; and see [81])  As a result, Article 8’s influence had led to the development in domestic law of a… [read post]
28 Oct 2010, 6:28 am by Colin Miller
“Officially, the subjective prong is still viable” in determining if a search was consensual, noted Ric Simmons, but after [the Supreme Court's opinion in United States v. [read post]
27 Oct 2010, 11:28 pm by Rosalind English
The Privilege Against Self-Incrimination Although not an express right in the Convention, this principle has been at the core of Strasbourg jurisprudence on the rights of defence since it was analysed at length in Saunders v United Kingdom in 1991. [read post]
27 Oct 2010, 6:33 pm by Lyle Denniston
At 11 a.m. on Tuesday, the Court will hear one-hour of oral argument on that issue in Sossamon v. [read post]
21 Oct 2010, 10:12 am by The Legal Blog
State of Kerala [(1981) 4 SCC 391], State of Rajasthan v. [read post]
20 Oct 2010, 8:47 pm by Eugene Volokh
Here’s a very brief summary: In a long line of cases (such as Presbyterian Church in the United States v. [read post]
20 Oct 2010, 3:26 pm
Carter-Reed Co., LLC, will be reported at CCH Advertising Law Guide ¶64,004 and CCH State Unfair Trade Practices Law ¶32,144. [read post]
20 Oct 2010, 1:50 pm by Schachtman
  Id. at 1132 (“the core nature of clinical practice is at right angles to the crux of most legal inquiries); id. at 1133 & n.45 (citing Henricksen v. [read post]
15 Oct 2010, 6:45 pm by joao_lima
As a federative system, each state and municipality has its own legislative chamber. [read post]
15 Oct 2010, 1:41 pm by Matt Conigliaro
The other requires states to provide health insurance for state employees. [read post]
15 Oct 2010, 9:07 am by Fenwick & West Blogs
" The court immediately characterized this "core principle" of the patent as an abstract idea, without providing any basis for its reasoning. [read post]