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5 Aug 2014, 8:13 pm
From yesterday’s Planned Parenthood Southeast Inc. v. [read post]
5 Aug 2014, 10:14 am by S S
Thus, in R (Elias) v Secretary of State for Defence [2006] 1 WLR 3213 para 165 provides that in discrimination cases there should be a structured approach to the question of justification: “First, is the objective sufficiently important to justify limiting a fundamental right? [read post]
4 Aug 2014, 5:11 am
Supreme Court Ruling The United States Supreme Court recently considered this issue in Fifth Third Bancorp v. [read post]
3 Aug 2014, 6:21 pm by Dennis Crouch
= = = = = 1 Opinion of Advocate General Cruz Villalón in International Stem Cell Corporation, delivered on 17 July 2014, C-364/13, ECLI:EU:C:2014:2104 (here) 2 Judgment in Brüstle v Greenpeace eV, C-34/10, EU:C:2011:669 (here) [read post]
1 Aug 2014, 5:31 am
 As the plaintiff, Enjaian `bears the burden of showing that defendants are not entitled to qualified immunity. [read post]
31 Jul 2014, 7:54 am by Steve Vladeck
 Although a few specialized statutes (like the FECA provision at issue in California Medical) provide for certification, the three most common examples of certifications by federal courts are: (1) certifications of questions of state law to state courts of last resort (which is irrelevant for present purposes, since Article III doesn’t bind state courts); (2) certifications of otherwise unappealable interlocutory questions under 28 U.S.C. [read post]