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29 Jun 2008, 9:29 pm
I’m not going to go into great detail on the five separate judgments from the House of Lords in LB Lewisham v Malcolm [2008] UKHL 43, but I do want to look at where it leaves us and what the problems are with the judgments. [read post]
1 Dec 2008, 10:12 am
From Usefully Employed (hat-tip) comes the news that the consultation on the Equality Bill proposes the introduction of indirect discrimination as a category, which would help with the horlicks that the Lords made of the 1995 Act in Malcolm v Lewisham: [the Bill shall] adopt the concept of indirect discrimination for the purposes of the disability discrimination provisions in the Equality Bill, rather than carry forward to the Equality Bill the existing provisions in the Disability… [read post]
24 Mar 2009, 7:28 am
The father, Malcolm, Sr. gave a controlling share to his son, Malcolm, Jr., leaving two sisters, Candi and Ann, as minority shareholders. [read post]
17 Jan 2008, 2:07 pm
(My previous posts on Malcolm v Lewisham are here and here) At the lesser end of the spectrum, Simon Braun contributes a cry of anguish over the supposed impotence of landlords in the face of Malcolm. [read post]
15 Oct 2015, 4:00 am by The Public Employment Law Press
The Appellate Division said that it is well settled that a "[v]iolation of an employer's known policies, as well as unauthorized absence from work, have been held to constitute disqualifying misconduct," citing Matter of Maldonado, 118 AD3d 1246.Here, said the court, the record establishes that, although the employer informed Malcolm that approval for an unpaid leave of absence was required before she commenced an administrative internship at another school,… [read post]
28 Jun 2008, 5:06 am
Reason magazine has an interesting symposium on DC v. [read post]
20 Dec 2011, 3:30 am by Matthew Flinn
In this case, Mr Malcolm pointed out that Article 8 is a very broad right (a point which has often been made in posts on this blog), and that it encompasses expansive and rather amorphous concepts such as a person’s “physical and psychological integrity” (Pretty v United Kingdom (2002) 35 EHRR 1 at [66]) and “personal autonomy“ (R (Wood) v Commissioner of Police of the Metropolis [2010] 1 WLR 123 at [21]-[22]). [read post]
9 Feb 2008, 2:02 pm
A brief for the Cato Institute and legal historian Joyce Malcolm, in the DC handgun ban case, explicates the English common law roots of the American right to... [read post]
1 Apr 2013, 9:59 pm by Patent Docs
Actavis (the caption for what was Federal Trade Commission v. [read post]
22 Aug 2017, 9:00 am by Howard Wasserman
Malcolm Gladwell has a podcast called Revisionist History, which finished its second 10-episode season. [read post]
27 Jul 2012, 3:00 am by Doug Austin
As reported by The Wall Street Journal, Twitter plans to appeal a court order requiring the company to produce messages posted by Malcolm Harris, an Occupy Wall Street activist facing criminal charges. [read post]