While the higher pleading standards in Twombly have been mostly ignored in patent litigation, they're arguably overused in
civil liberties cases.
Not exact matches
Undaunted, the supposed guardians of
civil liberties — except the free exercise of religion, it seems — recently brought a
case against a Catholic hospital for refusing to permit doctors to perform an elective hysterectomy as part of a sex - reassignment surgery.
In the recent book,
Civil Liberties Under Attack, one of the authors mentions the case of a government official with an impeccable record who was placed under charges because unidentified informers asserted he «advocated the Communist Party line, such as favoring peace and civil liberties,» and «his convictions concerning equal rights for all races and classes extend slightly beyond the normal feelings of the average individual &la
Civil Liberties Under Attack, one of the authors mentions the
case of a government official with an impeccable record who was placed under charges because unidentified informers asserted he «advocated the Communist Party line, such as favoring peace and
civil liberties,» and «his convictions concerning equal rights for all races and classes extend slightly beyond the normal feelings of the average individual &la
civil liberties,» and «his convictions concerning equal rights for all races and classes extend slightly beyond the normal feelings of the average individual «1
Oberlin College went so far as to advocate «
civil disobedience» in the face of the fugitive slave laws (leading to the Oberlin - Wellington Rescue
Case — an important event in the history of American
civil liberties).
Virginia Declaration of Rights, 1776 XIII That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to
liberty; and that, in all
cases, the military should be under strict subordination to, and be governed by, the
civil power.
Liberal Democrats have an outstanding track record on
civil liberties, although their greatest champion on the issue, Chris Huhne, is currently off fighting a legal
case.
In any
case, there have been loads of articles on
civil liberties and there are debates in the comments (I've never seen you there?)
In my
case, I turn out to agree with 1) Dennis Kucinich, 2) Mike Gravel and 3) Bill Richardson, who must have strong positions on environmental and
civil liberties issues, both of which I listed high.
Mr Clarke, whose reputation as a defender of
civil liberties has taken something of a battering during the row, insisted
cases such as the Stephen Lawrence private prosecution and the Jean Charles de Menezes inquest would not have been covered by the new law.
The party is divided in places, but is still united on many different issues: constitutional reform, the environment, the European Union, internationalism,
civil liberties and in many
cases, taxation.
Control orders are a good test
case for
civil liberties, because they affect a very small pool of suspects who are considered hugely dangerous.
We agree that we will approach forthcoming legislation in the area of criminal justice on a
case by
case basis, with a view to maximising our country's security, protecting Britain's
civil liberties and preserving the integrity of our criminal justice system.
He has been credited with securing several convictions in high - profile terror
cases and is well respected by both national security experts and
civil liberties advocates.
The district attorney is solely responsible for decisions on
civil liberties — such as signing affidavits, authorizing search warrants and wiretaps, dismissing
cases when there is no evidence to support charges, or indicting someone despite his or her prominence or political connections.
The outcome of this
case should spur Nigerians to always insist on the rule of law, no matter the short term inconveniences, as it plays a crucial role in ensuring that political rights and
civil liberties are safe and that the equality and dignity of all citizens are not at risk.»
In spite of the varying geographic, cultural, and socio - historic backgrounds of these six
case studies — not to mention the diverging trajectories — their current political regimes bear many important similarities in regards to their interpretation of both the democratic process and
civil liberties, namely that they exist and are tolerated to the extent that they work to the incumbent leadership's advantage.
Several brief
case studies that raise questions about
civil liberties in the wake of 9/11, followed by suggestions for classroom discussion.
Sophie says: «In our
civil rights
case, titled Juliana, et al. v. United States, et al. and available at ourchildrenstrust.org, we assert that the government is violating our constitutional right to life,
liberty and property by approving emissions of fatally high levels of carbon dioxide into the atmosphere, despite being aware of its damaging effects.
This week on the legal - affairs podcast Lawyer2Lawyer, I discuss the events in Texas with two guests: Betsy Branch, a family - law attorney with the Dallas firm of McCurley, Orsinger, McCurley, Nelson & Downing, who serves as attorney ad litem for several children in the West Texas
case, and lawyer and social critic Wendy Kaminer, who has written about the
civil liberties aspects of the
case at the blogthefreeforall.net.
Founding legal giant, Johnnie L. Cochran, made The Cochran Firm into one of the most recognized firms in the nation after expertly defending those accused in a variety of criminal
cases, personal injury claims, and
civil liberty lawsuits.
Whether acting in a competition
case, a challenge to telecommunications regulation, a corporate tax dispute or an important matter of
civil liberties, Monckton is able to offer a range of market leading practitioners, at all levels of seniority, dedicated to assisting clients, whether individuals, regulatory bodies or companies, to ensure that their rights are upheld and their interests protected.
What the panel had to say: «Arvay never shies away from taking on divisive and socially controversial
cases in his pursuit of
civil liberties and human rights.»
The fact that politicians make politically expedient attacks on lawyers — whether it be Chris Grayling's recent attack on «left wing» pressure groups, or Jack Straw's berating «BMW - driving
civil liberties lawyers» — does not mean that claimant law firms don't have a
case to answer in relation to drumming up «spurious claims».
We also discussed the
civil liberties issues raised by the massive raid with lawyer and social critic Wendy Kaminer, who has written about the
case at the blog thefreeforall.net.
Legal aid will still routinely be available in
civil and family
cases where people's life or
liberty is at stake, or where there is risk of serious physical harm or the immediate loss of their home.
How will be remembered for a trio of
cases involving
civil liberties in the Duplessis era in Quebec:
Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted for Ontario Premier Kathleen Wynne in a defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted for a Canadian victim of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court of Justice seeking orders recognizing the enforceability in Ontario of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel for an intervener, the Canadian
Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence for the purpose of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to
liberty and principles of fundamental justice; acted for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting
case about restrictions on communication between counsel and experts in preparation of expert reports.
James Madison, the drafter of the Seventh Amendment, would be puzzled by how we allowed this to happen, given his view that «[t] rial by jury in
civil cases is as essential to secure the
liberty of the people as any one of the pre-existent rights of nature.»
Although there seems to be widespread belief to the contrary — i.e., that a criminal proceeding where
liberty is at stake necessarily takes precedence over a
civil one which is «only about money» — in fact, a criminal
case has very little legal impact on a
civil case.
Some
civil legal aid will still be available in more serious
cases which threaten life and
liberty, but
cases involving education, employment, immigration and personal injury
cases will be reduced.
The nine
case studies detailed in the report, each written by a different domestic
civil liberties and human rights organization, provide contemporary examples of different governments» reactions to peaceful protests.
Additionally, it features an analysis of how courts have chosen procedure over
civil liberties in terror
cases by Susan N. Herman.
For nearly 15 years, he has worked at the intersection of
civil liberties and national security, litigating numerous
cases involving airport security policies, government watch lists, surveillance practices, targeted killing, and torture.
If the VFV doctrine applies, as Gorsuch says it does, «in
civil cases affecting a person's life,
liberty, or property» and «criminal
cases involving relatively modest penalties,» then it might also apply to any statute containing terms ambiguous enough to trigger Chevron.
Dozens of other technology, media and
civil liberties groups filed briefs supporting Microsoft last month, and the
case is pending.
Judge Margaret McKeown motivated the majority's decision by saying this
case isn't about password sharing in general, in spite of what
civil liberties groups might be saying.