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30 May 2017, 8:30 am by Josh Blackman
This post is the third part of a four-part series on the Fourth Circuit’s recent en banc decision in IRAP v. [read post]
17 May 2017, 1:01 am by rhapsodyinbooks
Frankfurter knew that to rule segregated public facilities were unconstitutional would effect a social revolution, and so it required as strong and forceful opinion by the Court as possible. [read post]
25 Apr 2017, 11:04 am by Kent Scheidegger
  Justice Jackson noted it in his classic separate opinion in Brown v. [read post]
19 Apr 2017, 4:05 pm by INFORRM
Whether the Court should make a declaration of incompatibility under 4 of the HRA 1998 in relation to the 1999 Act regime, or even in respect of the costs regime which applies following LASPO and the Defamation Act 2013 (Declaration of incompatibility). (1) The rule in MGN v UK in domestic law Lord Neuberger made the following points about Strasbourg’s decision in MGN v UK: The ECtHR’s decision was “full and careful” and its reasons “largely… [read post]
13 Apr 2017, 4:07 pm by INFORRM
There is an old saying that when a woman is forced to choose between two men, she opts for the third, and so it is with the Supreme Court’s decision in Times Newspapers Ltd v Flood, Miller v Associated Newspapers Ltd, and Frost and others v MGN Ltd [2017] UKSC 33. [read post]
28 Mar 2017, 8:05 am by Kent Scheidegger
  CJLF wrote an amicus brief in this case supporting Texas.It was no surprise in the case of Moore v. [read post]
28 Mar 2017, 6:34 am by INFORRM
The force of this argument, which has been put forward in many of the written submissions received to assist the fixed costs review, has been recognised by Jackson LJ himself in his keynote address to the Costs Conference held on 7 March 2017. [read post]
15 Mar 2017, 7:38 am by Rory Little
On Wednesday, March 22, the eight-justice court will hear argument in County of Los Angeles v. [read post]
11 Mar 2017, 6:47 pm by Josh Blackman
Under Justice Jackson’s canonical concurrence in Youngstown Sheet & Tube Co. v. [read post]
5 Mar 2017, 2:30 pm by Jane Chong
It’s fair to say this is a reasonable principle irrespective of whether the 2009 memo remains in force under Jeff Sessions, as we are talking about what should be the philosophical baseline of any Justice Department that takes its independence seriously. [read post]
1 Mar 2017, 9:30 am by Legal Beagle
  As summarised in an Isle of Man judgment, the scheme resembled a “Ponzi” scheme in that apparent repayments to HC were in fact funded in a circular way by HC itself:  see paragraph 30 of the judgment of His Honour Deemster Corlett, Heather Capital Limited v KPMG Audit LLC, 17 November 2015. [9]        A third party, Nicholas Levene, was a participant in the scheme. [read post]