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28 Dec 2015, 9:42 am
I audio-recorded a 55-minute makeup constitutional law class on the groundbreaking Affordable Care Act Case (NFIB v. [read post]
5 Apr 2021, 12:45 am
See Marbury v. [read post]
14 Jun 2007, 2:30 am
The Court held that such legislation was valid under Congress's power arising from the Commerce Clause.The decision in United States v. [read post]
20 Apr 2011, 12:12 am
Supreme Court’s American Electric Power v. [read post]
19 May 2007, 3:20 pm
These considerations seem to make a case for broader congressional enforcement power, even assuming the judicial supremacy model of Boerne v. [read post]
19 Apr 2017, 3:09 am
The Court affirmed that requirement in a non-patent case, Goodyear Tire & Rubber Co. v. [read post]
23 Jan 2010, 5:46 pm
Google v China: Do we know corporate social responsibility when we see it? [read post]
27 Feb 2018, 2:25 pm
By Dennis Crouch In United States v. [read post]
13 Mar 2009, 3:39 am
R (Perinpanathan) v City of Westminster Magistrates' Court; [2009] WLR (D) 92 “In exercising its power under s 64(1) Magistrates' Court Act 1980 to make ’such order as to costs … as it thinks just and reasonable’ a magistrates' court was entitled, when dismissing forfeiture proceedings, to take into account its view that the application had [...] [read post]
27 Feb 2023, 11:37 am
Heller v. [read post]
5 Jul 2007, 2:12 am
When permission is required before issuing legal proceedings Seal v Chief Constable of South Wales Police House of Lords “A claim brought in respect of an act purporting to be done under the powers of the Mental Health Act 1983 was a complete nullity if the claimant had failed to obtain the leave of a High Court judge under section 139(2) of that Act before issuing proceedings. [read post]
30 Nov 2010, 3:10 pm
On November 23, 2010, the California Supreme Court declined review of the First Appellate District’s decision in Howard v. [read post]
23 May 2007, 10:33 am
Belfast City Council v. [read post]
11 Mar 2010, 2:55 am
Key and another v Key and others [2010] EWHC 408 (Ch); [2010] WLR (D) 69 ”Although affective disorder such as depression, including that caused by bereavement, was more likely to affect powers of decision-making than comprehension, the effect of bereavement on a testator’s mind was a factor to be taken into account when deciding whether he had capacity to make a will and was capable of impairing testamentary capacity. [read post]
18 Apr 2011, 2:13 am
Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136 “The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union. [read post]
29 Oct 2008, 10:13 am
Horsham Properties Group Ltd v Clark and Another Chancery Division “The exercise of a statutory power of sale under section 101 of the Law of Property Act 1925 was not a deprivation of possessions for the purposes of article 1 of the First Protocol to the European Convention on Human Rights, protecting the right to property. [read post]
20 Jun 2007, 1:05 am
Statutory cap cannot be exceeded Bunney v. [read post]
4 Aug 2008, 9:32 am
Donaldson v O'Sullivan (Official Receiver intervening) [2008] EWCA Civ 879; [2008] WLR (D) 275 “The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from such an office under s 298 of that Act, and it was not a requirement that a creditors' meeting should make such an appointment. [read post]
17 Jun 2010, 2:14 am
Regina (Law Society) v Lord Chancellor [2010] EWHC 1406; [2010] WLR (D) 151 “When exercising the discretionary power to make provision for scales or rates of payments of any costs payable out of central funds to successful defendants in criminal trials pursuant to ss 16(6) and 20 of the Prosecution of Offences Act 1985, as amended, the Lord Chancellor had to base the rules on the principle of compensation taking into account prevailing market rates. [read post]
8 Jul 2010, 2:14 am
A v East Sussex County Council and another [2010] EWCA Civ 743; [2010] WLR (D) 171 “Even where emergency powers were obtained under s 44 of the Children Act 1989 or exercised under s 46 of the 1989 Act to remove a child from the risk of harm, least interventions were best. [read post]
