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11 Sep 2012, 12:09 am by Lawrence Solum
Here is the abstract: This article addresses judicial choices and errors involved in United States v. [read post]
21 Apr 2012, 6:43 am by immigrationprof
United States and the constitutionality of the Arisona immigration enforcement law known as S.B. 1070. [read post]
19 Dec 2023, 4:00 am by Anna Price
This trend continued, such as when Maryland’s Court of Special Appeals struck down a blasphemy law in 1970 in State v. [read post]
8 Feb 2017, 1:53 pm by Shea Denning
The State relied upon a case it recently lost on appeal:  State v. [read post]
8 Feb 2017, 1:53 pm by Shea Denning
The State relied upon a case it recently lost on appeal:  State v. [read post]
31 Jul 2012, 12:44 pm by Lawrence Solum
Charles (Government of the United States of America - Air Force) has posted Weighing the Constitutionality of State Immigration Verification Laws in the Wake of Arizona V. [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]
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]
5 Nov 2008, 10:42 am
Helow v Secretary of State for the Home Department and Another House of Lords “A judge's membership of a Jewish association whose magazine had expressed partisan views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to have raised the possibility of bias and want of impartiality when determining an immigration appeal by a Palestinian activist. [read post]
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]
14 Jan 2009, 1:34 am
Regina (Shields) v Secretary of State for Justice Queen’s Bench Divisional Court “The Secretary of State for Justice did have power and jurisdiction to consider granting a pardon under the Royal Prerogative in respect of a person convicted and sentenced in a foreign court but transferred to the United Kingdom to serve his sentence. [read post]
23 Jul 2009, 2:16 am
Regina (P) v Secretary of State for Justice Court of Appeal “A real and immediate risk to life was required to justify a self-harming young man's request that the State investigate treatment he received while detained in a young offenders institution. [read post]
9 Feb 2009, 1:58 am
ZT (Kosovo) v Secretary of State for the Home Department House of Lords “When a claim for asylum had been rejected as clearly unfounded under section 94(2) of the Nationality, Immigration and Asylum Act 2002, and the claimant made further submissions, the Secretary of State for the Home Department had to consider whether those further submissions created [...] [read post]