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23 Feb 2024, 6:00 am by Public Employment Law Press
Governmental immunity, sometimes referred to as sovereign immunity, is based on the theory that "government" is an entity immune from being held responsible for its actions or inactions that cause harm, provided the harm was caused while the entity, or its agent, was performing its governmental functions. [read post]
21 Feb 2024, 9:01 pm by Samuel Estreicher and Klara Nedrelow
”[20] Israel also stated that any allegations of genocidal intent are negated by “(1) Israel’s restricted and targeted attacks of legitimate military targets in Gaza; (2) its mitigation of civilian harm by warning them through leaflets, radio messages, and telephone calls of impending attacks; and (3) its facilitation of humanitarian assistance. [read post]
21 Feb 2024, 8:00 pm by Giesela Ruehl
Although the courts have provided some routes to collective redress, Carballo Piñeiro argues that a robust legislative response is paramount if corporate accountability for environmental harm is to be realised in Europe. [read post]
21 Feb 2024, 5:52 am by Ivan Horodyskyy
Damage to the plaintiffs’ property by the armed forces of the Russian Federation constitutes an exception to the state’s judicial immunity, in line with customary international law, which, according to the Court, is confirmed in Draft Articles on Responsibility of States for Internationally Wrongful Acts and in practice of the International Court of Justice (North Sea Continental Shelf (Federal Republic of Germany/Netherlands) Case) and practice of the European Court of… [read post]
21 Feb 2024, 4:00 am by Michael C. Dorf
The most obvious class of examples, as I discussed on Monday and as I explain at greater length in the article, consists of so-called "percentage" plans by which various states guarantee admission to a state university to students graduating in a specified top percentage of their respective high school classes.For example, in his dissent in Fisher v. [read post]
20 Feb 2024, 7:38 pm by Blair & Kim, PLLC
With no statutory definition of assault, the appeals court considered the common law definition set forth in State v. [read post]