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PUBLIC INTEREST IMMUNITY IN PROTECTING INFORMANTS

The role of informants in an investigation is crucial as the information provided by an informant may be the only piece of evidence or clue available to the law enforcement agencies. So, it is critical that some clarity is drawn ...

THE NEW PROPOSED TITLE IX RULES: DETAILED ANALYSIS & INVITATION TO SUBMIT COMMENT

On November 29, 2018, the U.S. Department of Education (DOE) published a Notice of Proposed Rulemaking (NPRM) that proposes amendments to Title IX regulations at 34 CFR 106. ([Docket ID ED-2018-OCR-0064] RIN 1870-AA14). The public can comment on the harmful ...

TITLE IX LEGISLATION ANALYSIS

I. Deference should not extend to an opined unpublished agency letter because it does not carry the force of law. [WS1] The United States Department of Education's Office for Civil Rights ("OCR") letter presented here should not be awarded deference because the ...

THE PURE THEORY OF LAW

First published Mon Nov 18, 2002; substantive revision Mon Jan 4, 2016 The idea of a Pure Theory of Law was propounded by the formidable Austrian jurist and philosopher Hans Kelsen (1881–1973) (see the bibliographical note). Kelsen began his long ...

HANS KELSEN, ‘THE PURE THEORY OF LAW – ITS METHOD AND FUNDAMENTAL CONCEPTS’ (1934) 4 LAW QUARTERLY REVIEW

The Austrian philosopher and jurist named Han Kelsen proposed the Pure Theory of Law. According to Kelsen, the standard legal philosophies were marred with contamination of law with moral and political ideology, which was compounded by attempts to marry law ...

PUBLIC INTEREST IMMUNITY — A MATTER OF PRIME JUDICIAL RESPONSIBILITY, PART 4

A.A.S. Zuckerman* Obstacles to Inspection When the House of Lords assumed responsibility for public interest immunity and set out the Conway v Rimmer balancing exercise, it could hardly have been predicted that a decade on the House of Lords itself ...

PUBLIC INTEREST IMMUNITY — A MATTER OF PRIME JUDICIAL RESPONSIBILITY, PART 3

A.A.S. Zuckerman* C Receding Judicial Scrutiny of Claims for Immunity The enthusiasm with which the House of Lords in Conway v Rimmer asserted responsibility for adjudicating claims of public interest immunity did not translate itself into an enthusiasm for exercising ...

PUBLIC INTEREST IMMUNITY — A MATTER OF PRIME JUDICIAL RESPONSIBILITY, PART 2

A.A.S. Zuckerman* B The Judicial Assumption of Responsibility for the Public Interest For our purposes, the account of this subject may conveniently begin with the decision of Duncan v Cammell Laird in 1942." In 1939, a submarine, which was being ...

PUBLIC INTEREST IMMUNITY — A MATTER OF PRIME JUDICIAL RESPONSIBILITY, PART 1

A.A.S. Zuckerman* A Introduction — Protecting Private and Public Interest in Litigation The Matrix Churchill case, in which ministerial claims for public interest immunity were rejected and the accused acquitted,[5] [6] has given rise to an intense controversy concerning ministers’ ...

AMBIGUITY OF A WRITTEN CONTRACT

Principles of Interpretation Interpretation of a written contract involves establishing the parties’ bargain. This involves an understanding of express and unexpressed terms in contracts and is of the utmost importance as these interpretations will impact a party’s legal rights and ...

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