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11 May 2009, 3:07 am
Regina (JS) (Sri Lanka) v Secretary of State for the Home Department Court of Appeal “In order to establish that an asylum seeker was liable for a joint criminal enterprise such as to exclude him from the protection of the Geneva Convention as complicit in war crimes or crimes against humanity, there had to have been a [...] [read post]
17 Feb 2010, 5:07 am by michael
Regina (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs Court of Appeal “It was for the court to determine whether a government claim of serious damage to national security required parts of the reasons in its judgment should be left out. [read post]
14 Apr 2009, 2:25 am
Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another Court of Appeal “A person who was a majority shareholder and director of a company could also be an employee of that company under a contract of employment, even if he had total control of the company. [read post]
12 Mar 2012, 2:49 am by Lawrence Solum
Kermit Roosevelt III (University of Pennsylvania Law School) has posted Valid Rule Due Process Challenges: Bond v. [read post]
12 Jul 2012, 12:00 pm by Michael Buchanan
  In the case of State of Florida v Jarrod Adkins, a five justice majority concluded that, “Given the broad authority of the legislative branch to define elements of crimes, the requirements of due process ordinarily do not preclude the creation of offenses which lack a guilty knowledge element. [read post]
26 Jan 2012, 6:08 am by immigrationprof
United States: Federal Plenary Power, the Spheres of Government, and the Constitutionality of S.B. 1070" Cleveland State Law Review, Vol. 60, No. 1, 2012 PATRICK J. [read post]
The post US Supreme Court finds federal labor law does not automatically preempt state law claims appeared first on JURIST - News. [read post]
7 Jul 2020, 7:33 am by Derek T. Muller
Washington—and the per curiam opinion in Colorado Department of State v. [read post]
22 Oct 2010, 3:55 am by traceydennis
Regina (King) v Secretary of State for Justice [2010] EWHC 2522 (Admin); [2010] WLR (D) 258 “The discretion of a prison governor to decide the extent of an inmate’s basic association with his fellows did not remove from association its quality as a personal right, a right which was subject to the lawful exercise of discretion by the governor. [read post]
2 Jul 2021, 4:27 am by Peter Groves
In Secretary of State for Health v Servier Laboratories Ltd, where the loss arose because there were no generic equivalents of the invalidly-patented drug, the Supreme Court held that the "dealing requirement" laid down in OBG Ltd v Allan [2008] 1 AC 1, which states that the unlawful means should have affected the third party’s freedom to deal with the claimant, is a necessary element of the tort. [read post]
20 Mar 2009, 11:07 am
Today the Stanford Law School Supreme Court Litigation Clinic is filing this cert. petition in Dunphy v. [read post]
22 Jun 2010, 1:25 am by sally
FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696; [2010] WLR (D) 152 “Where a person who had been granted leave to enter or remain in the United Kingdom for a year or more appealed against the refusal of his claim for asylum under s 83 of the Nationality, Immigration and Asylum Act 2002 he was entitled, by virtue of the principle of equivalence under Community law, to include the refusal of his claim for humanitarian protection in the… [read post]
4 May 2022, 4:42 pm by Sabrina I. Pacifici
More than a dozen have laws in the books already that would ban abortion in most circumstances if Roe v. [read post]
6 Sep 2017, 1:35 pm by Ruthann Robson
Professor Ruthann Robson, City University of New York (CUNY) School of Law In a Complaint filed today in the Eastern District of New York in New York v. [read post]