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9 May 2017, 4:30 pm by INFORRM
But, by the end of the 1800s, this rationale lost currency, and by 1917 (in Bowman v Secular Society [1917] AC 406), the House of Lords held that blasphemy protected the religious sensitivities of the individual; but the courts still confined the scope of the offence to the established Church (this was confirmed as recently as 1991 in R v Chief Metropolitan Stipendiary Magistrate, ex parte Choudhury [1991] 1 QB 429). [read post]
6 May 2017, 5:24 am by SHG
People have a constitutional right to be left alone. [read post]
28 Apr 2017, 8:59 am by John-Paul Boyd
We are intimately familiar with the rules of evidence, both statutory and uncodified, and understand the rationale for the counterintuitive principle expressed in Browne v Dunn. [read post]
19 Apr 2017, 4:57 am
Further, he noted that it may be very difficult for the applicant to provide such evidence for every Member State, particularly given that there are now 28 countries in the EU (at least until Brexit).Jaguar Land Rover v Bombardier Recreational [2016] EWHC 3266 (Ch), (Nugee J); Combit Software, CJEU C-223/15 (Brexit/Single Market)The Jaguar case deserves a brief mention as it is a post-Brexit referendum decision which demonstrates that the UK Courts still consider themselves to be… [read post]
17 Apr 2017, 1:26 pm
(Pix © Larry Catá Backer 2017)I have just posted a preliminary draft of an article that is currently entitled The Corporate Social Responsibilities of Financial Institutions for the Conduct of their Borrowers: The View from International Law and Standards. [read post]
13 Apr 2017, 9:43 am by Randy Barnett
In the wake of Marshall’s capacious 1819 opinion in McCulloch v. [read post]
9 Apr 2017, 8:35 am
The state is constituted by the union of people and government, and it is the state that claims against all other states the twin rights of territorial integrity and political sovereignty. . . . [read post]