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4 Jun 2017, 1:06 pm
Yet, just as "original intent," "framer's intent," what James Bingham thought he was enacting (see Senator Strom Thurmond's questioning of Thurgood Marshall at the latter’s nomination hearings), all had racialized undertones, so too does the history of the argument for a colorblind constitution. [read post]
10 Dec 2010, 3:35 am
Lord Bingham, who was in the majority, said: The protection of those responsible for the care of mental patients from being harassed by litigation has been accepted as a legitimate objective… What matters (Ashingdane, para 57) is that the limitations applied must not restrict or reduce the access left to the individual in such a way or to such an extent as to impair the very essence of the right. [read post]
14 Jun 2022, 2:29 pm
Constitution (Oxford 2013) Louis Michael Seidman, On Constitutional Disobedience (Oxford 2012) 2012 (Fall): Gerard Magliocca, John Bingham: America's Founding Son (NYU, 2013) (assigned ms) Akhil Reed Amar, America's Unwritten Constitution (Basic Books, 2012) John Inazu, Liberty's Refuge: The Forgotten Freedom of Assembly (Yale 2012) Justice Antonin Scalia, Reading Law: The Interpretation of Legal Texts (West, 2012) Abner Greene, Against Obligation (Harvard 2012) Sandy… [read post]
8 May 2017, 11:25 pm
” Indeed, Thurmond repeatedly quoted John Bingham to ask if this famous framer’s intent was relevant to interpreting “the scope of the equal protection clause as originally understood and intended by the framers in regard to the right to vote . . . enter desegregated schools, or engage in miscegenation? [read post]
25 Oct 2011, 2:08 pm
In balancing these two rights, Tugendhat J had in mind the “ultimate balancing test” as referred to by Lord Steyn Re S (A Child) [2005] 1 AC 593 (at para 17) and guidance from Lord Bingham in R v Shayler [2003] 1 AC 247 (at para 26) that interference of the ECHR right must not be stricter than necessary to achieve the state’s legitimate aim. [read post]
23 Sep 2010, 5:53 am
The couple's former lawyer, Bingham McCutchen partner Lawrence Silverstein, has come under heavy fire over allegations that he "fraudulently altered" the 2004 marital property agreement at the center of the dispute. [read post]
22 Aug 2007, 7:19 am
Louis, MO Arnold & Porter, Washington, DC Baker & Daniels, Indianapolis, IN Baker & McKenzie, Chicago, IL Bingham McCutchen, Boston, MA Blackwell Sanders, Kansas City, MO Bryan Cave, St. [read post]
14 Jul 2009, 12:26 pm
In Wood Lord Bingham CJ said: the police, as a public body, ought not generally to disclose information which comes into their possession relating to a member of the public, being information not generally available and potentially damaging to that member of the public, except for the purpose of and to the extent necessary for the performance of their public duty. [read post]
19 Jul 2012, 11:25 pm
See further, Harrow London Borough Council v Qazi [2003] UKHL 43; [2004] 1 A.C. 983; [2003] 3 W.L.R. 792; [2003] H.L.R. 75, per Lord Bingham [22] and Birmingham CC v Doherty [2008] UKHL 57, [2009] 1 A.C. 367, [2008] H.L.R. 45, in the written submissions for Birmingham (noted at 391F-G, 392E-F and per Lord Hope at 401E. [read post]
16 Apr 2021, 5:01 am
Council of Carpenters, 125 F.3d 1230, 1233–39 (9th Cir. 1997) (concluding that a preliminary injunction in a labor union libel case was not a prior restraint because the statements were so misleading as to be fraudulent, and "[t]he First Amendment does not protect fraud"); Bingham v. [read post]
21 May 2012, 3:04 am
45 new acquisitions for the Osgoode Hall Law School Library, including 29 from 2012: BJ 1531 W44 2012 What matters? [read post]
17 Apr 2010, 1:18 pm
Mary Huser is returning to Bingham after a two-year stint heading the IP practice at eBay. [read post]
31 May 2010, 11:57 am
Morgan Lewis, DLA Piper, Bingham McCutchen, Gibson Dunn, and Vedder Price have all stepped into the ring. [read post]
17 Feb 2012, 7:52 am
The Last Mountain (directed by Bill Haney; written by Bill Haney & Peter Rhodes; produced by Clara Bingham, Eric Grunebaum & Bill Haney) [TD195.C58 L37 2011 DVD] - The fight for the last great mountain in America’s Appalachian heartland pits the mining giant that wants to explode it to extract the coal within, against the community fighting to preserve the mountain and build a wind farm on its ridges instead. [read post]
19 Feb 2024, 8:14 am
[Justice Kavanaugh was right. [read post]
31 Aug 2011, 10:27 am
Counterclaims in Investor-State Arbitration LSE Legal Studies Working Paper No. 8/2011Yaraslau Kryvoi London School of Economics - Law Department Date Posted: August 5, 2011Working Paper Series85 downloadsAbstract: This paper provides a comprehensive analysis of the legal regime governing counterclaims in investor-State disputes. [read post]
2 Apr 2024, 9:52 am
Stanford Law School’s George Fisher has spent decades exploring the history of criminal law and criminal institutions, including the regulation of alcohol and drugs. [read post]
2 Dec 2008, 9:00 pm
Balch & Bingham Blog-Proud Found it very easily under the "News, Events & Publications" drop-down menu. [read post]
19 Jan 2011, 10:55 pm
Applying Davidson v Chief Constable of North Wales [1994] 2 All ER 597, the fact that the hospital trust’s actions were lawful were not curative of the underlying unlawfulness: There may be false imprisonment by A although it was B who took the person into custody and B acted lawfully, provided that A directly caused B’s act and that A’s act was done without lawful justification’ [35] A lawful act by a second act does not prevent the claimant’s detention being a direct… [read post]
26 Apr 2012, 12:58 pm
Raed Mahajna v Secretary of State for the Home Department IA/21/21631/2011 – read judgment 1 Crown Office Row’s Neil Sheldon appeared for the Secretary of State in this case. [read post]
