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Civil Litigation Costs Review: Lord Justice Jackson
Civil Litigation Costs Review: Lord Justice Jackson

... I am asked to review the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost. The terms of reference are set out in chapter 1 and they include a requirement to “consider whether changes in process and/or ...
THE NEW RACIAL JUSTICE: MOVING BEYOND THE EQUAL
THE NEW RACIAL JUSTICE: MOVING BEYOND THE EQUAL

... MOVING BEYOND THE EQUAL PROTECTION CLAUSE TO ACHIEVE EQUAL PROTECTION EMILY CHIANG† ABSTRACT Since handing down Washington v. Davis and Arlington Heights v. Metropolitan Housing Development, the United States Supreme Court has significantly curtailed the ability of plaintiffs to bring disparate impa ...
Ink Blot or Not: the Meaning of Privileges And/Or Immunities
Ink Blot or Not: the Meaning of Privileges And/Or Immunities

... Id. at 288. See also id. at 287 (noting that “our ancestors . . . were . . . entitled to all the rights, liberties, and immunities of free and natural-born subjects”). See ARTICLES OF CONFEDERATION AND PERPETUAL UNION, art. IV, § 1 (“The better to secure and perpetuate mutual friendship and intercou ...
Compelled Apologies as a Legal Remedy: Some Thoughts
Compelled Apologies as a Legal Remedy: Some Thoughts

... or unwilling to comply with the relief applied for, or when it is not possible to effectively enforce the defendant’s compliance with the order.17 Hence, not only a lack of standing, but also the concept of futility might stand in the way: Carroll and Witzleb mention that some Australian courts ‘hav ...
2013 NSSC 411 - The Courts of Nova Scotia
2013 NSSC 411 - The Courts of Nova Scotia

... plaintiffs seek declaratory relief, aggravated, punitive, and exemplary damages, interest and costs. ...
Linguistic School Boards in Quebec
Linguistic School Boards in Quebec

Waiver of the Right to Counsel in State Court Cases
Waiver of the Right to Counsel in State Court Cases

... right to counsel by pleading guilty without requesting appointment of counsel. There appeared to be no evidence that the petitioner had been informed of his right to counsel by the trial court, and the only indication that he knew of his right was a reference to an out of court discussion of the mat ...
An Eighteenth Century Second Amendment in a Twenty
An Eighteenth Century Second Amendment in a Twenty

... to Bear Arms in the Early Republic,” in Beyond the Founders: New Approaches to the Political History of the Early American Republic 251, 251-73 (Jeffrey L. Pasley et al. eds., 2004). ...
The Forgotten Father: What Happened to Equal Rights?
The Forgotten Father: What Happened to Equal Rights?

... rights to pregnant women, to physicians and to childless married couples, the District Court left for another day the rights of the father of the unborn child —and the case was later filed by a father who wanted to have his paternal rights recognized in Pater v. French Hospital. In Pater v. French H ...
Screws v. United States and the Birth of Federal Civil Rights
Screws v. United States and the Birth of Federal Civil Rights

... All of the Acts I just mentioned were grounded on the notion that the Thirteenth, Fourteenth, and Fifteenth Amendments had greatly expanded the set of national citizenship rights—rights that all citizens enjoy by virtue of their status as citizens of the United States, and which are therefore beyond ...
48696 bytes - Tenth Circuit Opinions
48696 bytes - Tenth Circuit Opinions

... Although the Forest Service notified the companies several times of upcoming expirations of the permits, neither company renewed its permit and the permits expired by their terms in 1995 and 1996. Each company offered to pay the requested grazing fees and negotiate a permit that recognized the comp ...
Chapter 16 - Annenberg Classroom
Chapter 16 - Annenberg Classroom

... of them were fined one hundred dollars for the crime of providing information about contraceptives. In 1963 and 1964, the appellate division of the Connecticut Circuit Court and the Connecticut Supreme Court of Errors upheld the convictions of Griswold and Buxton as justified by the state’s “police ...
Constitutional Law - Second Amendment Right to Bear Arms
Constitutional Law - Second Amendment Right to Bear Arms

... The regulation at bar evoked a direct and immediate interference with the use and value of the handguns.44 Once this concession was made, however, the court went no further, declaring the regulation constituted a noncompensable taking. 5 A state or local government may take private property for publ ...
judges as lawmakers: the irish experience
judges as lawmakers: the irish experience

... follow the Privy Council decision rather than the earlier Irish case. Had the former been a House of Lords decision, the court would have been obliged to follow it, but since it was a Privy Council decision, they were at liberty to prefer the view taken in Byrne. The greatest of Irish 19th century j ...
Right to Court Appointed Counsel for Indgient
Right to Court Appointed Counsel for Indgient

... to appoint counsel under circumstances in which the defendant was incapable of adequately defending himself. The Court stated that the right to counsel in state courts was not a "fundamental" right unless the defendant for some reason could not prepare and present his own defense. In Betts the defen ...
HistoryofSeparatebutEqual
HistoryofSeparatebutEqual

... citizenship upon African Americans. Enforced by criminal penalties, these laws created separate schools, parks, waiting rooms, and other segregated public accommodations. In its ruling in the Civil Rights Cases of 1883, the Court made clear that the Equal Protection Clause of the 14th Amendment prov ...
Unit 2 - about Mr. Long
Unit 2 - about Mr. Long

... Describe how the two constitutional statements about religion and government-the establishment clause and the free exercise clause-may sometimes create conflict. Establish why the Supreme Court will usually not permit prior restraint on speech and press. Understand the conflict that can occur betwee ...
“Case law in this country has long recognized the concept that what
“Case law in this country has long recognized the concept that what

... Finally, while we are talking about privacy and public places, let’s think for a minute about the issue that the Supreme Court is grappling with in terms of CaseNet, its online court record system. It is designed to make the court process more transparent. The public is now able to see what is happe ...
Emily Larose Discusses Drug Class Actions with the Law Times
Emily Larose Discusses Drug Class Actions with the Law Times

... MacMillan v. Abbott Laboratories, in which the Quebec Superior Court had denied certification in a similar action in the context of that province's Civil Code of Procedure." Says Emily: "Even though the number of pharma actions filed indicates that these types of decision have not been a major disco ...
1

Strategic lawsuit against public participation

A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.The typical SLAPP plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. There is a difficulty in that plaintiffs do not present themselves to the Court admitting that their intent is to censor, intimidate or silence their critics. Hence, the difficulty in drafting SLAPP legislation, and in applying it, is to craft an approach which affords an early termination to invalid abusive suits, without denying a legitimate day in court to valid good faith claims. Thus, anti-SLAPP laws target tactics used by SLAPP plaintiffs. Common anti-SLAPP laws include measures such as penalties for plaintiffs who file lawsuits ruled frivolous and special procedures where a defendant may ask a judge to consider that a lawsuit is a SLAPP (and usually subsequently dismiss the suit).Anti-SLAPP laws occasionally come under criticism from those who believe that there should not be barriers to the right to petition for those who sincerely believe they have been wronged, regardless of ulterior motives. Nonetheless, anti-SLAPP are generally considered to have a favorable effect, and many lawyers have fought to enact stronger laws protecting against SLAPPs.
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