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6 Oct 2019, 9:53 am by Samuel Bray
Barnette, No. 591, Supreme Court of the United States, October Term, 1942, at 46. [read post]
1 Oct 2019, 9:01 pm by Michael C. Dorf
For generations, judges, lawyers, and scholars contrasted the United States with the United Kingdom by pointing to the greater role that judges play here in second-guessing legislative judgment. [read post]
25 Sep 2019, 4:41 pm
”   A v Secretary of State for the Home Department [2005] 1 AC 68, Lord Bingham. [read post]
19 Sep 2019, 10:01 am
The constitutional importance of this point is clear: in R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs, which was cited by Lord Pannick on behalf of Gina Miller during his oral submissions, Lord Hoffmann held that ‘the unique authority Parliament derives from its representative character’. [read post]
19 Sep 2019, 1:25 am by CMS
Section 10 demonstrates the goodwill of Parliament that Parliament can and will function to protect the interests of each part of the United Kingdom, even in the absence of meaningful representation in Westminster. 11:25: Ronan Lavery QC says absence of consideration of NI in these circumstances is gross. 11:21:& [read post]
17 Sep 2019, 1:26 am by CMS
  However in so far as they seek to declare it “null” and of “no effect” he submits that they went too far and where they cannot go. 14:16: Lord Keen QC notes that this principle is consistent with extensive authority and which Sir James Eadie QC will address in due course in further detail. 14:14: Lord Keen QC notes that the Inner House accepted that the principle of non-justiciability exists in public law and that the question of whether… [read post]
16 Sep 2019, 9:06 am by Matthew Davie
R (on the application of Edward Bridges) v The Chief Constable of South Wales [2019] EWHC 2341 (Admin) Case Note Introduction In Bridges, an application for judicial review, the UK High Court (Lord Justice Haddon-Cave and Mr. [read post]
16 Sep 2019, 7:28 am by CMS
In England & Wales, Gina Millar (the businesswoman who brought the UK Supreme Court appeal of R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5) also raised proceedings, following the Queen’s signing of the Order in Council. [read post]
1 Sep 2019, 7:31 pm by Omar Ha-Redeye
The recent arbitration decision in Acadia University v Acadia University Faculty Association is instructive in this regard. [read post]
30 Jul 2019, 1:57 pm by Arshan Barzani
The Commission’s final report ultimately backed a tribunal, a recommendation from which the United States dissented. [read post]
28 Jul 2019, 3:30 pm by Renee Anderson
The volume’s editors (Arizona State University’s David H. [read post]
23 Jul 2019, 4:29 am by Hon. Richard G. Kopf
The evil Lord V. is not just a convention of a magnificent writer. [read post]
11 Jul 2019, 11:40 am by skelly
Seemingly, gone were the days of state “fictitious group” insurance laws prohibiting the grouping of individuals or entities for the purposes of buying insurance, replaced by a federal framework intended to provide consistent, economical and affordable coverage to commercial liability insureds across the United States. [read post]
9 Jun 2019, 4:26 pm by INFORRM
United States A jury has awarded bakery owner David Gibson damages of $11 million against Oberlin College which had accused Gibsons Bakery of having a history of racial profiling and discriminatory treatment. [read post]
23 May 2019, 6:34 am by UKSC Blog
The onus has shifted to the state to justify an interference with a right. [read post]
21 May 2019, 5:23 am by ASAD KHAN
None of the children in Chavez-Vilchez lived in family units with parents living together and in each instance the context was pegged to the factual basis that if the non-EU citizen mother leaves and the EU citizen father remains, will the EU citizen child be compelled, in practice, to leave? [read post]
21 May 2019, 4:00 am by Guest Blogger
This duality of roles is in stark contrast to the United Kingdom, where the Attorney General (known as the Lord Chancellor) and Minister of Justice (secretary of State for Justice) have always been separate positions. [read post]