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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]
21 Feb 2024, 3:44 am by SHG
” And yet, in his five-page dissent from the denial of cert in Coalition for TJ v. [read post]
19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
19 Feb 2024, 4:00 am by Michael C. Dorf
Nevertheless, recognizing the conservative judiciary’s potential hostility to that distinction, the Article practices ideological jujitsu by redeploying Palmer v. [read post]
19 Feb 2024, 1:45 am by INFORRM
On 14 February 2024 there was a strike out/summary judgment application in the case of Chowdhury-v-Secretary of State for the Home Department KB-2023-003368. [read post]
19 Feb 2024, 1:07 am by Keaoleboga Molefe
In Minister of Agriculture v Bluelilliesbush Dairy Farming (270/07) [2008] ZASCA 60 (29 May 2008), the Supreme Court of Appeal considered compensation following an outbreak of bovine tuberculosis where 7 000 cattle were slaughtered by the State in terms of the Act. [read post]
18 Feb 2024, 9:54 am by Giles Peaker
The High Court held: On i) there was no requirement for a residual discretion in this instance. [read post]