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17 Dec 2011, 8:42 am
Three decisions of the Administrative Appeals Chamber of the Upper Tribunal on HB matters stand out: SS v North East Lincolnshire Council (HB) [2011] UKUT 300 (AAC); MB v Royal Borough of Kensington & Chelsea (HB) [2011] UKUT 321 (AAC); MR v Bournemouth Borough Council (HB) [2011] UKUT 284 (AAC). [read post]
17 Dec 2011, 8:42 am
Three decisions of the Administrative Appeals Chamber of the Upper Tribunal on HB matters stand out: SS v North East Lincolnshire Council (HB) [2011] UKUT 300 (AAC); MB v Royal Borough of Kensington & Chelsea (HB) [2011] UKUT 321 (AAC); MR v Bournemouth Borough Council (HB) [2011] UKUT 284 (AAC). [read post]
18 Jul 2011, 1:35 am
He further emphasised the importance, in order to achieve an Article 6 compliant process, of ensuring that legal representation is permitted “…where it can be best deployed not only to best effect but also to achieve a real and effective contribution to the fairness of the proceedings…” (para. 110) This included not only the benefit of cross-examination by a professional representative, but also “advising that person on how to participate in… [read post]
19 Apr 2011, 1:22 pm
Justice Rushing articulates his view well, and deals with the principal arguments on both sides, the best one in favor of existing precedent being that the Legislature has amended the statute many times since the Court of Appeal held that objective good faith is required and never overruled this holding (suggesting that it's right), and the best one in favor of changing precedent being that the old (common law) rule was that only subjective good faith was required… [read post]
6 Oct 2009, 4:30 am
In the first case, Weeks Marine, Inc. v. [read post]
20 Feb 2008, 8:28 am
Settlement from Francisco v. [read post]
13 Jun 2008, 5:31 pm
The group filed an amicus brief in Boumediene v. [read post]
24 Dec 2010, 4:12 am
Civil Service Commission’s jurisdictional reclassification of 29 titles to the noncompetitive class violated Article V, §6’s merit and fitness mandateMatter of Brynien v New York State Dept. of Civ. [read post]
10 Sep 2015, 2:16 pm
Here's how I'd put it:The best argument for inconsistency, in my view, is that it makes absolutely no sense to say that a court must accept an amended complaint that contradicts the original complaint -- i.e., isn't allowed to dismiss the amended complaint on grounds of inconsistency -- and yet is simultaneously allowed to stop the amended complaint from ever being filed in the first place on precisely such inconsistency grounds. [read post]
21 Mar 2017, 9:45 pm
In Ferreira v. [read post]
5 Mar 2015, 7:35 pm
I have a new piece at Politico that follows up on the federalism arguments in King v. [read post]
17 Sep 2017, 6:13 pm
Co. v. [read post]
23 Nov 2015, 12:53 pm
Makaeff v. [read post]
15 Nov 2020, 6:04 pm
However, the best interests of the donor are not to be considered in a vacuum. [read post]
24 Feb 2014, 6:56 am
Stout v. [read post]
1 Aug 2014, 12:08 pm
With an understated but hard-hitting opinion by Judge Catharine Easterly, this is undoubtedly the best Brady v. [read post]
23 Aug 2024, 7:57 am
The two dog killings were a critical component in an August 15, 2024 decision, Ramirez v. [read post]
2 Feb 2007, 1:32 pm
Familiar examples, to name just a few, include Justice Harlan's famous dissenting opinion in Plessy v. [read post]
22 Apr 2011, 3:36 am
Best of the Worst. [read post]
16 Dec 2019, 1:36 pm
What was once commonplace and accepted can shift over the course of time (Plessy v. [read post]
