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10 Nov 2019, 4:00 am by INFORRM
The test to be applied to national security cases is, as Stone points out, the Pentagon Papers version of the clear and present danger test (per Stewart “direct, immediate and irreparable damage to our Nation or its people”). [read post]
4 Mar 2023, 4:38 am by SHG
It is extremely difficult to square the state bar’s version with what the prosecutor said, as recounted in Miller v Pate. [read post]
2 Jul 2020, 9:26 am by Aditi Shah
In Thuraissigiam’s case, relevant evidence would have been the record of violence and persecution against people of Tamil ethnicity in Sri Lanka. [read post]
22 May 2023, 5:16 am by Roger Parloff
Although at least 15 people have been sentenced for seditious conspiracy since the U.S. [read post]
3 Aug 2010, 3:17 pm by David Lat
— author of the colorful opinion in Gustafson v. [read post]
8 Jul 2023, 8:32 am by David Post
I admit that I'm no expert in the doctrine in this area, though I do watch it out of the corner of my eye, and I can't recall reading a more ridiculous standing decision in the last 10 years or so than the one the Court endorsed in the 303 Creative v. [read post]
18 Jul 2011, 4:06 am by Max Kennerly
Proximate cause is established where the defendant’s conduct was a “substantial factor” in bringing about the injury (Stewart v New York City Health & Hosps. [read post]
14 Feb 2018, 9:58 am by Jon Penney
  The answer is complicated but likely lies in the present (thin) state of research on these issues, but also common conceptions, and misconceptions, about surveillance and impact on people and broader society. [read post]
31 Jan 2015, 8:24 pm
(Pix (c) Larry Catá Backer 2015) Professor James Stewart, of the Faculty of Law at the University of British Columbia, has produced a valuable on line symposium: Business and Human Rights: Next Steps. [read post]