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6 Jul 2012, 11:33 am
It is not so easy to separate out the content of the rights from the application of the margin of appreciation; for example the margin of appreciation may be central to determination whether a state owes a positive obligation under Article 8(1) – see Evans v United Kingdom (2008) 46 EHRR 36, para. [75] – or whether it has infringed the right to a fair trial under Article 6(1) – see Ashingdane v United Kingdom (1985) 7 EHRR 528,… [read post]
6 Jul 2012, 8:55 am
State v. [read post]
6 Jul 2012, 4:57 am
See United States v. [read post]
5 Jul 2012, 1:51 pm
United States Small Business Administration, 862 F.2d 1537 (11th Cir. 1989), as the proper controlling authority. [read post]
5 Jul 2012, 9:39 am
Asadi v. [read post]
5 Jul 2012, 6:40 am
United States (relisted [read post]
5 Jul 2012, 5:39 am
Asadi v. [read post]
5 Jul 2012, 5:00 am
The United States v. [read post]
4 Jul 2012, 7:34 pm
The Supreme Court of the United States has announced it will hear the appeal in Amgen Inc. v. [read post]
4 Jul 2012, 7:34 pm
The Supreme Court of the United States has announced it will hear the appeal in Amgen Inc. v. [read post]
4 Jul 2012, 5:46 pm
I am a long-term member of the Jury Charge committee of my state bar in the United States, a committee that writes the legal instructions to the jury in civil cases, and was thus very pleased to observe the closing arguments and the Judge’s summing up to the jury in the recent trial of Cooper v Evening Standard and Associated Newspapers, a civil jury trial that arose from a newspaper article that incorrectly reported that Mr. [read post]
4 Jul 2012, 9:16 am
United StatesPlessy v. [read post]
4 Jul 2012, 8:52 am
Looking to Strasbourg jurisprudence, he commented, “[t]he ECtHR will only find that the state has acted in violation of A1P1” if its judgment is “manifestly without reasonable foundation” (James v United Kingdom (1986) 8 EHRR 123). [read post]
4 Jul 2012, 4:39 am
Roosevelt asked the men of the Philippines to fight, promising them United States citizenship and veterans benefits in return. 200,000 fought. [read post]
3 Jul 2012, 12:49 pm
United States) harkened back to Chief Justice Marshall's approach in Marbury v. [read post]
3 Jul 2012, 7:57 am
The concept of "victims' rights" was just then broadening its impact upon the criminal justice system, fueled by a United States Supreme Court decision styled Payne v. [read post]
3 Jul 2012, 6:44 am
" Maxwell v. [read post]
3 Jul 2012, 4:30 am
Recently, in Farias v. [read post]
2 Jul 2012, 6:25 pm
The Court emphasized the high level of deference that federal habeas courts must show to state-court decisions on the merits, particularly state-court decisions rejecting Jackson v. [read post]
1 Jul 2012, 5:52 pm
The trial and closing submissions were in private. [read post]