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20 Nov 2012, 1:43 pm by Allard Knook
The Court held that that the procedure established under Art. 259 TFEU was designed to obtain a declaration that the conduct of a Member State was in breach of EU law and to terminate that conduct (see, to that effect, Joined Cases 15/76 and 16/76 France v Commission [1979]; Case C-456/05 Commission v Germany [2007]; and Joined Cases C-514/07 P, C-528/07 P and C-532/07 P Sweden and Others v API and Commission [2010]).Thus, as the aim of the Treaty was to achieve… [read post]
20 Sep 2017, 5:03 am by Matthew L.M. Fletcher
Here are the materials in Schagticoke Tribal Nation v. [read post]
20 Jul 2022, 4:24 am by Matrix Legal Support Service
The correct approach is to follow the guidance which was stated to be “authoritative” in KO (Nigeria), namely the direction in the Upper Tribunal case of MK (Sierra Leone) v Secretary of State for the Home Department [2015] INLR 563 (“MK”). [read post]
22 Feb 2007, 9:59 am
For those who are interested, we are posting the briefs filed thus far in Wilkie v. [read post]
5 Aug 2022, 12:10 pm by Lawrence Solum
The Court concluded that the Constitution’s Suspension Clause did not apply to the petitioner because the right he was seeking—to remain in the United States under the nation’s immigration laws—fell outside the historical core of the Suspension Clause, which was limited to challenging detention as such. [read post]
3 Jan 2012, 4:23 am by tracey
NS v Secretary of State for the Home Department (Amnesty International Ltd and others intervening); ME and others v Refugee Applications Comr and another (Amnesty International Ltd and others intervening); (Joined Cases C-411/10 and C-493/10);  [2011] WLR (D)  388 “European Union law precluded the application of a conclusive presumption that the member state responsible for examining an asylum claim pursuant to Council Regulation… [read post]
8 Dec 2011, 6:48 pm by Steve Vladeck
Three weeks ago, CAAF granted review in United States v. [read post]
19 Jun 2015, 1:37 pm by Native American Rights Fund
Billie (Tribal Sovereign Immunity - Tribal Government)State Courts Bulletinhttp://www.narf.org/nill/bulletins/state/2015state.htmlUnkechaug Indian Nation v. [read post]
14 Mar 2018, 11:45 am by Ronald Mann
The practical one draws an analogy to the sovereign immunity of the states or of foreign nations. [read post]