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4 Jun 2019, 9:30 pm
For instance, a 1930s High Court judge named Douglas Young put up considerable resistance to a distinctively colonial provision of criminal procedure that endangered defendants' right to a fair trial. [read post]
4 Jun 2019, 3:56 pm
(R.) v. [read post]
4 Jun 2019, 4:00 am
Not only does this strategy undermine our commitment to a right of access to the courts, and ignore the Supreme Court of Canada’s clear statement in Pintea v John that SRLs cannot and should not be treated the same way as expert counsel, but by punishing SRLs for their unintended mistakes with vexatious litigant and court restriction orders, this strategy is also making the public angrier and even more indignant at their treatment in Canada’s Access to Justice crisis. [read post]
4 Jun 2019, 3:00 am
Supreme Court denied the petition for a writ of certiorari in Hagan v. [read post]
2 Jun 2019, 4:31 pm
Despite the controversy around these practices, it has never been discussed at the Supreme Court of Canada, until their recent decision in R. v. [read post]
2 Jun 2019, 7:44 am
Just as no history exists of "any private prosecution of federal crimes" in the United States, Young v. [read post]
31 May 2019, 4:57 am
In Rubinstein v. [read post]
30 May 2019, 6:23 am
The Court sets forth a framework that seems to favor the police.The case is Nieves v. [read post]
27 May 2019, 8:51 pm
Through Amendments to CCP 42A.352 and Government Code Section 411.1425, law enforcement agencies will now collect a DNA specimen from individuals merely arrested (as opposed to indicted) for: – murder;- capital murder;- kidnapping– aggravated kidnapping;- human smuggling;- continuous human smuggling;- human trafficking;- continuous human trafficking;- continuous sexual abuse of young child or children;- indecency with a child;- assault;- sexual assault;- aggravated assault;-… [read post]
27 May 2019, 5:53 pm
Advice for young prosecutors There are no written rules on how to prosecute a case. [read post]
27 May 2019, 12:39 pm
Belisle v. [read post]
26 May 2019, 3:16 pm
Sanchez v. [read post]
25 May 2019, 7:35 am
In his Opinion back in December [Katposts here and here], Advocate General (AG) Szpunar advised the CJEU to rule that unauthorized sampling may be considered infringing.Now, Thomas Key, a JD student at Chicago-Kent Law School, provides an American perspective on this important case.Here's what Thomas writes:An American’s Perspective on Pelham v Hütter and the Role of Fundamental Rights in Sampling by Thomas KeyMoses PelhamLast year, The IPKat reported on Advocate… [read post]
24 May 2019, 9:34 am
It is a myth that Chief Justice John Marshall invented, created or established the power of judicial review in his 1803 opinion in the case of Marbury v. [read post]
24 May 2019, 4:18 am
Mrs Warner sought damages both as an individual and as a guardian of their young son, who was born in November 2011. [read post]
24 May 2019, 1:01 am
Edward VII’s son George, the Prince of Wales, became King George V upon his father’s death in 1910. [read post]
21 May 2019, 5:23 am
The departure of both parents from Belgium in Zambrano would in practice compel the departure of their very young children, thereby inevitably depriving them of their EU citizenship rights. [read post]
21 May 2019, 2:00 am
In Hazelwood School District v Kuhlmeier, 484 U.S. 260 (1988), the U.S. [read post]
19 May 2019, 4:15 pm
Media Law in Other Jurisdictions Australia In the case of Ashworth v Nine Network Australia (No.2) ([2019] NSWDC 188) Gibson DCJ dismissed defamation claims for a broadcast and three online newspaper publications imputing that he is famous for sleazy scams and shonky businesses and that he engaged in dishonest business activities to trick young women into group sex. [read post]