Suchergebnisse

On July 4 2023, the Court of the European Free Trade Association (EFTA) issued its advisory opinion in RS v Steuerverwaltung des Fürstentums Liechtenstein. Liechtenstein's Constitutional Court had already found in 2020 that a difference in tax rate on income for resident and non-resident employees was incompatible with the free movement of workers. Nonetheless, the Administrative Court of Liechtenstein found it necessary to refer the exact same issue to the EFTA Court, upon which the EFTA Court came to a similar conclusion as the Constitutional Court. The reason thereto? The Constitutional Court had suspended the annulment of the national law for reasons of legal certainty. The question consequently arose of how the national court should further proceed. Should it immediately give full effect to the law of the European Economic Area (EEA) by following the EFTA Court and disapplying the national legislation, or should it give priority to the findings of its own Constitutional Court and nonetheless apply the national legislation, even if that legislation breaches EEA law? How should the national court deal with this conflict of allegiance?

The post The International Criminal Court 2002–2022: A Court in Practice appeared first on Völkerrechtsblog.

A couple of circuit court decisions noted that the intervenors had to have a concrete plan to write about the records; the court here makes clear that such a plan indeed suffices for standing.

There's an interesting summary of the issues related to this practice from Magistrate Judge Peter Kang's decision last week in U.S. v. Meta Platforms, Inc. (N.D. Cal.). A South Korean court issued what is essentially an international subpoena ("a Letter of Request under the Hague Convention on the Taking of Evidence Abroad in Civil or…

Plus: Vanderbilt activists' 911 call, Kevorkianniversary, MAID problems, and more...

A surprise attack launched by Hamas on October 7 ignited yet another period of violence in Israel and Gaza. In response, Israel launched an unprecedented invasion of the Gaza Strip, which resulted in the deaths of over 25,000 Gazans, most of them civilians. While the war does not seem to come close to an end, Israel has meanwhile encountered a different kind of problem; following the October 7 attack, Israel captured hundreds of Hamas fighters. Immediately following the start of the war, voices in Israel urged the government to launch criminal prosecutions of these attackers, with some arguing that Israel should impose the death penalty on the perpetrators.

From D.C. v. Casa Ruby, Inc., decided May 1 by D.C. trial judge Danya A. Dayson, but just posted on Westlaw: Therefore, specifically, as to each Third-Party board member Defendant, there must be factual allegations sufficient to support an inference or conclusion that the board member either intentionally, rather than negligently, inflicted harm on Casa Ruby,…

On 15 November 2023, the UK Supreme Court (UKSC) unanimously declared the government's policy of removing some asylum seekers to Rwanda to process their claims unlawful. Like the Court of Appeal, it found substantial grounds for believing that asylum seekers would face a real risk of ill-treatment because of insufficient guarantees against refoulement. This post explores the origin and significance of the UKSC judgment and the legal and policy implications of the UK government's immediate response to it.

Professor Marc De Girolami's assessment of the Roberts Court.

In Poland, the new parliamentary majority elected on October 15 is confronted not only with a president brought into office by the PiS party but also with a constitutional court made up exclusively of judges elected under the aegis of PiS. Any effort to restore the rule of law in the Polish judiciary is likely to meet resistance from these veto players. The difficulties to be expected for the new majority in dealing with the rule of law deficiencies that have piled up in the Polish justice system, and especially in the Polish Constitutional Tribunal since 2010 (on these difficulties here, pp. 227 ff., and here) draw attention to an underlying problem to be witnessed not only in Poland, and not only in other countries where democracy and the rule of law have deteriorated or never existed: the problem of courts, and in particular constitutional courts, with a blatant lack of political balance in their composition.

Amy Coney Barrett's nomination would make the Supreme Court more conservative than it has been in decades, even more conservative than the majority of the public. But one piece of research suggests that an out-of-step Court will not just have its way.

This paper from Tom Clark, Professor of Political Science at Emory University, shows why our new conservative Court may still follow public opinion.

The crypto issues being litigated in federal courts are not only of critical significance to crypto developers and users, but also to Congress itself. The SEC's scorched‐​earth approach to crypto is incompatible with Congress's exclusive legislative authority, and Congress must bring it to an end.

LAist (David Wagner) [UPDATE: link fixed] has the story: [W]hen L.A. Superior Court Judge Ian Fusselman took a closer look, he spotted a major problem. Two of the cases cited in the brief were not real. Others had nothing to do with eviction law, the judge said. "This was an entire body of law that…

Richard W. Painter (University of Minnesota Law School) has posted SCOTUS House: Can a Supreme Court Ethics Lawyer and Inspector General Help Get this Fraternity under Control on SSRN. Here is the abstract: In 2023, the United States Supreme Court...

The Supreme Court.