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
... MOVING BEYOND THE EQUAL PROTECTION CLAUSE TO
ACHIEVE EQUAL PROTECTION
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
... 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
... 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 ...
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 ...
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
... 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
... 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
... 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
... 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
... 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
... 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 ...
... 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
... 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
... 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
... 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 ...
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.