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23 Jan 2012, 1:57 pm
E.g., Smith, 442 U.S., at 742; United States v. [read post]
12 Oct 2012, 4:37 pm
These death penalty cases consider the scope of the right to counsel in federal habeas proceedings where the convicted individual’s mental competency is at issue--whether a federal court can put a state prisoner’s habeas claim on perpetual hold until mental competency is restored. [read post]
12 May 2011, 6:39 am
" United States v. [read post]
2 Jul 2021, 4:27 am
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]
23 Feb 2011, 9:35 am
Following up on yesterday’s decision in Bruesewitz v. [read post]
30 Apr 2020, 1:54 pm
On April 20th, 2020, the United States Supreme Court held in Atlantic Richfield Co. v. [read post]
18 Oct 2021, 8:01 am
United States’ Brief in Opposition United States v Denezpi Tenth Circuit Opinion [read post]
30 Jul 2008, 8:57 am
JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878; [2008] WLR (D) 260 “When construing s 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which provided various factors that the court should take account of in assessing the credibility of an asylum seeker, the qualifying word "potentially" should be read into an explanatory clause which would then read: ‘as (potentially) damaging the… [read post]
17 Apr 2013, 9:35 am
The United States Supreme Court issued its opinion in Missouri v. [read post]
23 Sep 2022, 8:29 am
John’s Law Review Symposium: 40th Anniversary of the Plyler v. [read post]
1 Oct 2009, 1:23 pm
You can read the decision of the Tenth Circuit below here: United States v. [read post]
22 May 2007, 2:37 am
Room for caseworker’s discretion Ishtiaq v Secretary of State for the Home Department Court of Appeal “A caseworker in the Home Office had a discretion to decide what evidence an applicant had to produce when she sought indefinite leave to remain in the United Kingdom on the ground that her matrimonial relationship had permanently broken down. [read post]
22 Jun 2010, 1:25 am
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]
31 Jul 2008, 9:14 am
McKinnon v Government of the United States of America [2008] UKHL 59; [2008] WLR (D) 266 “A foreign prosecuting authority's plea bargain offer to an accused person whose extradition was sought, did not constitute an abuse of process unless the predicted consequences of refusing the offer were so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process. [read post]
7 Sep 2010, 2:21 am
Regina (Ngouh) v Secretary of State for Home Department [2010] EWHC 2218 (Admin); [2010] WLR (D) 239 “It was important when considering a decision based on para 322(5) of the Immigration Rules, under which indefinite leave to remain should normally be refused where it was undesirable in view of the applicant’s “character, conduct or associations”, to look closely at the context in which that paragraph was being deployed and to see the reasoning that… [read post]
3 Dec 2010, 1:58 am
Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313 “For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made. [read post]
14 Mar 2008, 2:48 am
R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176; [2008] WLR (D) 85 “The statutory scheme dealing with the referral of the case a recalled mental patient to a mental health review tribunal was not incompatible with the patient's rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court. [read post]
5 Nov 2008, 10:42 am
Helow v Secretary of State for the Home Department and Another House of Lords “A judge's membership of a Jewish association whose magazine had expressed partisan views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to have raised the possibility of bias and want of impartiality when determining an immigration appeal by a Palestinian activist. [read post]
24 Oct 2008, 8:31 am
EM (Lebanon) v Secretary of State for the Home Department House of Lords “The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom's obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country. [read post]
30 Jul 2008, 9:03 am
Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262 “The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children's Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom. [read post]
