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6 Nov 2006, 4:00 am
LEXIS 80099 (MD TN, Oct. 16, 2006), a Tennessee federal district court rejected a convicted prisoner's claim that his free exercise of religion is infringed by the state's capital punishment law that calls for him to choose between electrocution or lethal injection as his method of execution, and mandates lethal injection if he fails to choose.The decision in Nicholas v. [read post]
3 Mar 2013, 11:59 am by Howard Friedman
LEXIS 26312, Jan. 31, 2013) and dismissed an inmate's free exercise claims regarding not receiving a pork-free diet while a pre-trial detainee.In Duwenhoegger v. [read post]
2 Jul 2018, 11:38 am by Erwin Chemerinsky
One important Kennedy opinion pointing in the other direction was United States v. [read post]
26 Jun 2020, 10:15 am by Jason Mazzone
The court's rationale is that the plaintiffs are likely to succeed on their claim that the state violated the Free Exercise Clause because in exempting (without discernible justification) certain non-religious activities, the state's purported risk-based regulations were not generally applicable. [read post]
21 Nov 2011, 1:59 pm by Andrew
The North Carolina Court of Appeals published a decision in a free-speech retaliation case in  Ginsberg v. [read post]
7 Oct 2008, 7:50 am
Regina (Limbu and Others) v Secretary of State for the Home Department and Others Queen’s Bench Division “It was irrational for the Secretary of State for the Home Department to rely on a discretionary policy relating to settlement entry for Gurkha veterans where that discretion could only be exercised in favour of indefinite leave to remain on the basis of restrictive express factors. [read post]
10 Nov 2008, 10:44 am
Secretary of State for Business, Enterprise and Regulatory Reform v Aaron and Others Court of Appeal “In company director disqualification proceedings, the Secretary of State for Business, Enterprise and Regulatory Reform could not rely on findings of fact by the Financial Ombudsman Service but he could rely on facts and opinions expressed by the Financial Services Authority. [read post]
17 Mar 2008, 2:30 am
Regina (Animal Defenders International) v Secretary of State for Culture, Media and Sport House of Lords “The prohibition on political advertising in broadcast media was necessary in a democratic society and not incompatible with the freedom of expression guaranteed by article 10 of the European Convention on Human Rights. [read post]
23 Oct 2008, 8:50 am
Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) House of Lords “Prerogative orders made by the Queen in Council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful. [read post]
25 Feb 2008, 1:28 am
Regina (Bradley and Others) v Secretary of State for Work and Pensions and Others Court of Appeal “Where the Parliament Commissioner for Administration had found maladministration in a ministerial department, the minister was not entitled to reject that finding without good reason. [read post]
28 Aug 2007, 3:40 am
Judicial review not available Regina (F (Mongolia)) v Secretary of State for the Home Department Court of Appeal “Judicial review was not available to challenge a refusal by the Asylum and Immigration Tribunal to grant permission to appeal against an immigration judge's decision. [read post]
1 Dec 2013, 9:16 am by Howard Friedman
LEXIS 167347, Nov. 4, 2013), and held that a suit in which an inmate alleged he had been improperly removed from a faith-based dormitory and retaliated against for grieving the incident was properly removed from state to federal court, despite plaintiff's state law allegations.In Petty v. [read post]