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23 Oct 2006, 3:43 am by Tobias Thienel
In Part 3 of my series of posts on justiciability and the right of access to a court, I now come to the act of state doctrine, having considered the political question doctrine and the state secrets doctrine in earlier posts, all after having set the scene with some remarks on the relevant rules of international human rights law.I now repeat very briefly some of those introductory remarks: I concluded that Article 14 (1) (2) ICCPR implied a right of access to a court in much the… [read post]
9 Jun 2006, 5:49 am by Tobias Thienel
But it is also well known that the ECtHR held as early as 1975, in Golder v. [read post]
24 Jul 2017, 3:41 am by Peter Mahler
Another potentially important issue awaiting further developments in Golder is whether, in accordance with LLC Law § 402 (c) (3) as construed earlier this year by an appellate court in Shapiro v Ettenson, the respondents holding a majority of the membership interests could bind the petitioner to the LLC’s operating agreement providing for perpetual duration notwithstanding he never signed it. [read post]
5 Feb 2007, 3:34 pm by Tobias Thienel
The right of access to a court therefore reinforces the rule of law itself, as indeed it was intended to do (see Golder v. [read post]
20 Mar 2011, 11:55 pm by 1 Crown Office Row
Indeed, after 1975 the Court delivered a series of landmark judgments, including, for example, Golder v UK (1975), Engel v the Netherlands (1976), Tyrer v UK (1978), Marckx v Belgium (1979) and Sunday Times v UK (1979). [read post]
19 Jun 2011, 10:00 pm by Rosalind English
See Nicol J’s fascinating judgment in Andrew Crosbie v Secretary of State for Defence [2011] EWHC 879 for a condensed history of this litigation and our comment on it here. [read post]
21 Dec 2020, 11:56 am by Phil Dixon
(1) Despite the State’s repeated use of “moped” to describe the defendant’s vehicle, sufficient evidence existed to establish that the defendant’s vehicle met the statutory definition of “motor vehicle”; (2) New trial required where trial court plainly erred in failing to instruct the jury on the definition of “motor vehicle” State v. [read post]
18 Mar 2021, 9:33 am by Christopher Tyner
A traffic checkpoint had a valid programmatic purpose regardless of the fact that the location of the checkpoint moved throughout the evening State v. [read post]
3 May 2019, 8:32 am by Rebecca Tushnet
  That might also be true when there are only 3 elements, but it’s more likely w/1000.Peter Golder, Aaron Yeater, & Mike Schreck, Dartmouth College, Analysis Group, & Analysis Group, Assessing Trademark Strength without SurveysSecondary meaning: in search of a more rigorous way to deal with the qualitative aspects of an inquiry. [read post]
22 Apr 2008, 10:17 am
John DonohueIn my view, Justice Scalia blundered badly last week in his concurring opinion in Baze v. [read post]