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3 Apr 2012, 9:46 am by Daniel West, Olswang LLP
The BBC refused to comply with the request, relying on the exception set out at Schedule 1 of the Act which states that the BBC is only compelled to disclose information “held for purposes other than those of journalism, art or literature”. [read post]
10 Dec 2009, 11:03 am
The application for the FISC order was personally approved by John Ashcroft, then the Attorney General of the United States. [read post]
12 Dec 2016, 8:52 am by David Duncan
The Court was looking, however, at a state offense, and so had to look to the interpretation of state courts. [read post]
12 Dec 2016, 8:52 am by David Duncan
The Court was looking, however, at a state offense, and so had to look to the interpretation of state courts. [read post]
10 Feb 2011, 4:42 pm by Brian Shiffrin
Both the United States Supreme Court and the New York Court of Appeals have held that once a defendant chooses to be represented by counsel, counsel and not the defendant has control over most strategic decisions are made by the attorney and not the defendant (Jones v Barnes, 463 US 745, 751 [1983]; People v White, 73 NY2d 468, 478 [1989]). [read post]
9 Feb 2011, 11:45 am by Jeanne Long
In McCracken v City of Detroit, No 294218, the Court of Appeals held that affirmative defenses are not pleadings requiring a response and that the absence of a response stands as a denial of the defense even if the opposing party makes a demand for a response. [read post]
21 Jun 2019, 12:13 pm by Marci A. Hamilton
Larkin held that a church cannot be the decisionmaker whether a bar is zoned for a license, and Kiryas Joel held that a school district cannot be drawn solely according to the identity of a religious sect. [read post]