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6 Aug 2008, 8:12 am
McKinnon v Government of the United States of America House of Lords “A plea bargain offered by a foreign prosecutor to an accused person whose extradition was sought, particularly if offered during a regulated process of plea-bargaining, did not constitute an abuse of process unless it was so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process. [read post]
14 Oct 2008, 8:34 am
Regina (C) v Secretary of State for Justice Court of Appeal “Secondary legislation laid before Parliament three weeks after a report sent by the Youth Justice Board to the directors of privatised secure training centres holding children, following two deaths in custody, was quashed as procedurally flawed and in breach of the European Convention on Human Rights. [read post]
16 Apr 2008, 1:38 am
AS and DD (Libya) v Secretary of State for the Home Department Court of Appeal “A foreign national who challenged a deportation order made on national security grounds had to show substantial grounds for believing that if he was returned he would face a real risk of being subjected to torture or inhuman or degrading treatment in contravention of article 3 of the European Convention on Human Rights. [read post]
24 Oct 2008, 8:31 am
EM (Lebanon) v Secretary of State for the Home Department House of Lords “The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom's obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country. [read post]
22 May 2007, 2:37 am
Room for caseworker’s discretion Ishtiaq v Secretary of State for the Home Department Court of Appeal “A caseworker in the Home Office had a discretion to decide what evidence an applicant had to produce when she sought indefinite leave to remain in the United Kingdom on the ground that her matrimonial relationship had permanently broken down. [read post]
13 Apr 2015, 7:45 am
Samantha Barbas, State University of New York (SUNY), Buffalo, Law School, is publishing When Privacy Almost Won: Time, Inc. v. [read post]
5 Aug 2021, 7:00 am by Sandy Rokhlin
Lawsuit Update: Pokémon GOes Scot-Free Barbaro Tech., LLC v. [read post]
23 Jan 2011, 8:31 am by Howard Friedman
It also held that an inmate's free exercise claims are moot.In Hatzfeld v. [read post]
31 Oct 2016, 8:35 am by Charlotte Bamford
The Supreme Court has held that the Secretary of State is free to order service of documents on a person within the jurisdiction and that doing so is an administrative process and not one that attaches to it obligations on the Secretary of State to investigate the nature of the proceedings behind the request. [read post]
23 Nov 2008, 1:35 pm
However plaintiff was permitted to proceed with claims alleging excessive force and equal protection violations, and allowed him to amend his complaint to allege that he has exhausted administrative remedies as to his state law claims involving free exercise and equal protection violations.In Richard v. [read post]
2 Aug 2011, 3:19 am
The general rule in such “free speech” cases was set out in Connick v Myers, 461 US 138. [read post]
12 Nov 2017, 7:47 am by Howard Friedman
LEXIS 182968 (D KA, Nov. 3, 2017), a Kansas federal district court held that plaintiff had stated a free exercise claim regarding his inability to receive a kosher diet. [read post]
2 Jun 2013, 10:14 am by Howard Friedman
Salt Lake County, (UT App., May 31, 2013), a Utah state appellate court dismissed a Jewish inmate's claim that his free exercise, due process and freedom from involuntary servitude rights were violated while he was a pre-trial detainee. [read post]