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7 Feb 2016, 11:37 am by New York Criminal Defense
 In Leary v United States, 395 US 6, 33 [1969], the Supreme Court held that “a criminal statutory presumption must be regarded as ‘irrational’ or ‘arbitrary,’ and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend. [read post]
23 Nov 2022, 12:29 pm by David Klein
It has been about one year and eight months since the United States Supreme Court released its landmark decision in Facebook v. [read post]
11 Nov 2014, 12:50 pm by SJM
Tijardovic v Croatia [2014] ECHR 637  (19/6/2014) Mrs T and her family occupied a flat in Split, Croatia, which her father-in-law had held under a specially protected tenancy with the Split Municipality, from 1983 onwards. [read post]
30 Jun 2022, 4:00 am by Michael C. Dorf
Perhaps we can understand the financial considerations that led the state of Texas to assert a sovereign immunity defense, even though it meant incredibly shabby treatment of Mr. [read post]
24 Jan 2013, 1:13 am by NL
Mr L argued firstly that the judge below had failed to apply the test in Kennealy v Dunne [1977] 1 QBD 837 properly.The court is required to be satisfied that the premises are reasonably required, but on the authority of Kennealy v Dunne that reasonable requirement must be something more than a desire but less than a necessity. [read post]