In Defense of Implied Injunction Relief in Constitutional Cases
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Legal Terminology
Legal Terminology A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A ABATES – CAUSE: Used in Criminal Division cases when the defendant has died, so the “cause” (the case) “abates” (is terminated). ACQUITTED: Defendant is found not guilty ADJUDICATION HEARING: In child abuse and neglect proceedings, the trial stage at which the court hears the state’s allegations and evidence and decides whether the state has the right to intervene on behalf of the child. In a juvenile delinquency case, a hearing in which the court hears evidence of the charges and makes a finding of whether the charges are true or not true. ADMINISTRATOR: Person appointed to oversee the handling of an estate when there is no will. ADMONISHED: A reprimand or cautionary statement addressed to an attorney or party in the case by a judge. AFFIANT: One who makes an affidavit. AFFIDAVIT: A written statement made under oath. AGE OF MAJORITY: The age when a person acquires all the rights and responsibilities of being an adult. In most states, the age is 18. ALIAS: Issued after the first instrument has not been effective or resulted in action. ALIAS SUMMONS: A second summons issued after the original summons has failed for some reason. ALIMONY: Also called maintenance or spousal support. In a divorce or separation, the money paid by one spouse to the other in order to fulfill the financial obligation that comes with marriage. ALTERNATIVE DISPUTE RESOLUTION: Methods for resolving problems without going to court. -
Access to Remedy Practical Guidance for Companies
ACCESS TO REMEDY: PRACTICAL GUIDANCE FOR COMPANIES 1 Access to remedy Practical guidance for companies A guide for companies to establish and participate in effective UNGP-informed remedy mechanisms for workers who may be adversely impacted by business operations, products, services or relationships in the entirety of their supply chains Supported by Lead authors: Cindy Berman, Ben Rutledge (ETI), and Samir Goswani. Editing: Katharine Earley Research contributors: Michele Law (Cerno Solutions Ltd), Laura Curtze and Steve Gibbons (Ergon), Dr Aidan McQuade, Jesse Hudson, Mark Winters Photos: ILO, World Bank, Claudia Janke ACCESS TO REMEDY: PRACTICAL GUIDANCE FOR COMPANIES 1 1. Executive Summary 2 2. Overall Guidance 5 3. Ensuring access to remedy in supply chains 6 STEP 1: Take responsibility 6 STEP 2: Provide remedy 9 STEP 3: Assess state-based and other remedy options 14 STEP 4: Develop a corporate remedy strategy 17 4. Developing Operational Grievance Mechanisms (OGMs) 22 A. Considering gender equality in designing OGMs 22 B. Guidance from the UN Guiding Principles on Business and Human Rights 22 C. Key factors for consideration 31 5. Country Factors 36 A. Roles and responsibilities of states and companies 36 B. Understanding the local context 36 C. Supporting state justice systems 36 D. Committing to sourcing countries 37 6. ANNEX: Additional Resources 40 ACCESS TO REMEDY: PRACTICAL GUIDANCE FOR COMPANIES 2 1. Executive summary Modern supply chains are complex, multi-tiered and span the globe. Production typically occurs in developing countries, where labour rights policy may not be sufficiently evolved or enforced, and workers may not be able to freely negotiate improved working conditions with their employers. -
Power and Legal Artifice: the Federal Class Action
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1992 Power and Legal Artifice: The ederF al Class Action Bryant Garth Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Civil Procedure Commons, and the Litigation Commons Recommended Citation Garth, Bryant, "Power and Legal Artifice: The ederF al Class Action" (1992). Articles by Maurer Faculty. 2482. https://www.repository.law.indiana.edu/facpub/2482 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Power and Legal Artifice: The Federal Class Action Bryant G. Garth Using case studies and interviews with lawyers and representatives in class actions, this article explores the contribution that class actions make to their ostensible beneficiaries. The article first distinguishes the major types of class actions in terms of the roles of lawyers and class representatives, ranging from very passive representatives to individuals intensively involved with the dispute that gave rise to the litigation. The article next seeks to eval- uate the class actions. On the basis of the results of the class actions, the article finds that class actions cannot be proclaimed major contributors to social change. The focus on results, however, is somewhat misleading. The class action plays a much more significant role through its impact on the par- ties as litigants and as individuals involved with a dispute. -
Roe V. Leis, Not Reported in F.Supp.2D (2001)
Roe v. Leis, Not Reported in F.Supp.2d (2001) 2001 WL 1842459 4. If the Medical Director, in consultation with the Only the Westlaw citation is currently available. Area Medical Director, judges that an abortion is United States District Court, S.D. Ohio, Western therapeutically indicated, the medical care will be Division. arranged following the procedure established at the institution providing specialty care. Jane ROE, et al. Plaintiffs v. Joint Ex. 2. Defendants and their medical contractors Simon L. LEIS, Jr., et al. Defendants have interpreted “therapeutically indicated” to permit abortions only to save the life of the mother. The No. C–1–00–651. | Jan. 10, 2001. Defendants do not provide abortion services within any of their detention facilities. In July 2000, while an inmate at 1617 Reading Road, Opinion Plaintiff Jane Roe advised Defendants that she was pregnant. They promptly transported her to University Hospital, where an ultrasound confirmed her pregnancy. ORDER GRANTING PLAINTIFFS’ MOTION FOR She then requested access to abortion services, which A PERMANENT INJUNCTION Defendants denied. In an August 7, 2000 letter to Ms. Roe’s attorney, Sheriff Leis explained this denial by stating that “the Hamilton County Sheriff’s Office does DLOTT, J. not transport inmates for elective procedures without a court order. Upon receipt of a court order, the Hamilton *1 This matter comes before the Court on Plaintiffs’ County Sheriff’s [sic ] will transport inmate [Jane Roe] to Motion for a Preliminary Injunction. By agreement of the her chosen health care provider.” Joint Ex. 1. Having parties, the Court will treat this Motion as one for a exhausted her administrative remedies, Ms. -
Equity, Due Process and the Seventh Amendment: a Commentary on the Zenith Case
Michigan Law Review Volume 81 Issue 7 1983 Equity, Due Process and the Seventh Amendment: A Commentary on the Zenith Case Patrick Devlin British House of Lords Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Common Law Commons, Constitutional Law Commons, Courts Commons, and the Litigation Commons Recommended Citation Patrick Devlin, Equity, Due Process and the Seventh Amendment: A Commentary on the Zenith Case, 81 MICH. L. REV. 1571 (1983). Available at: https://repository.law.umich.edu/mlr/vol81/iss7/2 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. EQUITY, DUE PROCESS AND THE SEVENTH AMENDMENT:ACOMMENTARYONTHE ZENITH CASE* Patrick Devlin** TABLE OF CONTENTS I. INTRODUCTION .•••••.••.•••.•••..•..•..••.•••••••.•••. 1571 II. EQUITY AS DUE PROCESS .•.•..•.•.•••.•.••.•...•••.•. 1583 III. EQUITY, DUE PROCESS AND THE JURY •••••.•.•••••... 1594 IV. EQUITY AND COMPLEXITY .•••••••..••.•••....••••.•.•• 1599 V. EQUITY AND FUNDAMENTAL FAIRNESS ••••..•.••.•.••• 1605 VI. THE DARK AGES: 1791-1830 .......................... 1607 VII. THE TRANSFER OF JURISDICTION ••.••••...••••...••..• 1610 VIII. THE TRADITIONAL CONSTRUCTION .................... 1613 IX. ACCOUNTING IN EQUITY .............................. 1623 X. O'CONNOR v. SPAIGHT •••••••••••••••••••••••••••••••• 1628 XI. ACCOUNT, PARTITION AND DOWER ................... 1633 XII. CONCLUSION .••.••.•..••.•••.•••..••..••••.•..••..•... 1637 I. INTRODUCTION The seventh amendment to the United States Constitution re quires that "[i]n Suits at common law . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was com- • Copyright c 1983, Patrick Devlin. -
Case 1:17-Cv-02542-KPF Document 61 Filed 07/26/18 Page 1 of 70
Case 1:17-cv-02542-KPF Document 61 Filed 07/26/18 Page 1 of 70 USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: _________________ SOUTHERN DISTRICT OF NEW YORK DATE FILED: July______________ 26, 2018 ------------------------------------------------------X : KATE DOYLE, NATIONAL SECURITY : ARCHIVE, CITIZENS FOR : RESPONSIBILITY AND ETHICS IN : WASHINGTON, and KNIGHT FIRST : AMENDMENT INSTITUTE AT COLUMBIA : UNIVERSITY, : : Plaintiffs, : 17 Civ. 2542 (KPF) : v. : OPINION AND ORDER : U.S. DEPARTMENT OF HOMELAND : SECURITY and EXECUTIVE OFFICE OF : THE PRESIDENT, ; : Defendants. : : ----------------------------------------------------- X KATHERINE POLK FAILLA, District Judge: Plaintiffs Kate Doyle, National Security Archive (“NSA”), Citizens for Responsibility and Ethics in Washington (“CREW”), and Knight First Amendment Institute (collectively, “Plaintiffs”) initiated this action against the United States Department of Homeland Security (“DHS”) and the Executive Office of the President (“EOP,” and with DHS, “Defendants”), after Doyle unsuccessfully attempted to obtain, under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, records related to visitors of President Trump at the White House Complex, as well as at his properties at Trump Tower, in New York, and Mar-a-Lago, in Florida. The operative complaint brings claims under FOIA, the Administrative Procedure Act (“APA”), 5 U.S.C. ch. 5, the Federal Record Act (“FRA”), 44 U.S.C. §§ 2102-2118, 2901-2910, 3101-3107, Case 1:17-cv-02542-KPF Document 61 Filed 07/26/18 Page 2 of 70 3301-3324, and the Presidential Records Act (“PRA”), 44 U.S.C. §§ 2201-2209; it seeks injunctive relief and, under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, declaratory relief. -
Privacy Remedies
Indiana Law Journal Volume 94 Issue 2 Article 7 Spring 2019 Privacy Remedies Lauren H. Scholz Florida State University, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Privacy Law Commons, Property Law and Real Estate Commons, and the Torts Commons Recommended Citation Scholz, Lauren H. (2019) "Privacy Remedies," Indiana Law Journal: Vol. 94 : Iss. 2 , Article 7. Available at: https://www.repository.law.indiana.edu/ilj/vol94/iss2/7 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. PRIVACY REMEDIES LAUREN HENRY SCHOLZ* When consumers sue companies for privacy-intrusive practices, they are often unsuccessful. Many cases fail in federal court at the motion to dismiss phase because the plaintiff has not shown the privacy infringement has caused her concrete harm. This is a symptom of a broader issue: the failure of courts and commentators to describe the relationship between privacy rights and privacy remedies. This Article contends that restitution is the normal measure of privacy remedies. Restitution measures relief by economic gain to the defendant. If a plaintiff can show the likely ability to recover in restitution, that should be sufficient to pass muster at the motion to dismiss phase even if the court is unconvinced that the plaintiff could show a case for compensatory damages flowing from harm. -
Law of Evidence
Law of Evidence Teaching Material Prepared by: Kahsay Debesu, (LL.B, Lecture) & Andualem Eshetu( LL.B, Assistant Lecturer) Prepared under the Sponsorship of the Justice and Legal System Research Institute 2009 Table of Contents Justified Font type: Times New Roman Font Size: 12 (Content) 14 and Bold and Center (Chapter Title) 12 and Bold (Headings) Line Spacing: 1.5 lines Single space between paragraphs TABLE OF CONTENTS page CHAPTER: Evidence law General Introduction …………………………………….1 1.1 Meaning, Nature and purpose of Evidence law……………………………………….2 1.1.1 Evidence Law defined……………………………………………………....2 1.1.2 Nature of Evidence law…………………………………………………. …5 1.1.3 Purpose /significance of Evidence law…………………………………..…8 1.2 Development of Evidence law…………………………………………………….....11 1.3 Evidence in civil and common law legal systems …………………………………..13 1.4 Evidence in Ethiopia ………………………………………………………………...22 1.5 Evidence law in civil and criminal cases ……………………………………………25 1.6 Classification of evidence……………………………………………………………30 Chapter two: Facts, which may be proved other than by evidence ………………...33 2.1 Admitted facts……………………………………………………………………….34 2.1.1 Limitations of Admissions…………………………………………………..35 2.1.2 Classification of Admission: formal and informal admissions ……………...38 2.1.3 Types of Admissions: Judicial and Extra- Judicial ……………………….....39 2.1.3.1 Judicial Admissions civil and criminal cases …………………………40 2.1.3.2. Extra- Judicial Admission: Civil and criminal case………………….51 2.2 Presumption ………………………………………………………………………..54 2.2.1 General introduction: -
The Business Response to Remedying Human Rights Infringements: the Current and Future State of Corporate Remedy
The business response to remedying human rights infringements: The current and future state of corporate remedy Human Rights Remedy | June 2018 Australian Business Pledge against Forced Labour i Table of contents 1. Executive summary ...................................................................................................................................................... 1 2. Introduction .................................................................................................................................................................. 2 2.1 About this Report .................................................................................................................................................. 2 3. Context ......................................................................................................................................................................... 3 3.1 The Remedy Challenge ........................................................................................................................................ 3 4. Existing frameworks and guidance on the provision of remedy ................................................................................... 4 4.1 International Frameworks and Guidance ............................................................................................................. 5 5. Legal Context .............................................................................................................................................................. -
ACLU's Opposition to Motion for Preliminary Injunction
1 Edward W. Swanson (Bar No. CA-159859) [email protected] 2 Carly Bittman (Bar No. CA-305513) [email protected] 3 SWANSON & MCNAMARA LLP 300 Montgomery Street, Suite 1100 4 San Francisco, CA 94104 Tel: (415) 477-3800 5 Fax: (415) 477-9010 6 [ADDITIONAL COUNSEL LISTED ON FOLLOWING PAGE] 7 Attorneys for Defendant 8 CHRISTIAN NOEL PADILLA-MARTEL 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO 11 PEOPLE OF THE STATE OF CALIFORNIA, ) CASE NO. CGC-20-586763 12 by and through Dennis J. Herrera, City Attorney ) for the City and County of San Francisco, ) DEFENDANT CHRISTIAN NOEL 13 ) PADILLA-MARTEL’S OPPOSITION Plaintiff, ) TO PLAINTIFF’S MOTION FOR 14 ) PRELIMINARY INJUNCTION vs. 15 ) Date: April 27, 2021 CHRISTIAN NOEL PADILLA-MARTEL aka ) Time: 9:30 a.m. 16 CHRISTIAN PADILLA-MARTEL, an ) Dept: 302 individual, ) Judge: Hon. Ethan P. Schulman 17 ) Defendant. ) Complaint Filed: September 24, 2020 18 ) Trial Date: Not Set ) 19 20 21 22 23 24 25 26 27 28 DLA PIPER LLP (US) SAN F RANCISCO 1 DEFENDANT’S OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION CASE NO.: CGC-20-586763 1 David F. Gross (Bar No. CA-83547) [email protected] 2 Robert Nolan (Bar No. CA-235738) [email protected] 3 Mandy Chan (Bar No. CA-305602) [email protected] 4 Katherine Thoreson (Bar No. CA-327443) [email protected] 5 DLA PIPER LLP (US) 555 Mission Street, Suite 2400 6 San Francisco, California 94105-2933 Tel: (415) 836-2500 7 Fax: (415) 836-2501 8 Anne Decker (Bar No. -
Equity Will Not Enjoin a Libel”: Well, Actually, Yes, It Will
SEVENTH CIRCUIT REVIEW Volume 11, Issue 2 Spring 2016 “EQUITY WILL NOT ENJOIN A LIBEL”: WELL, ACTUALLY, YES, IT WILL ∗ ANN C. MOTTO Cite as: Ann C. Motto, “Equity Will Not Enjoin a Libel”: Well, Actually, Yes, It Will, 11 SEVENTH CIRCUIT REV. 271 (2016), at http://www.kentlaw.iit.edu/Documents /Academic Programs/7CR/11-2/motto.pdf. INTRODUCTION “If there is one amendment, that is literally first among equals, then it is truly the First Amendment.”1 The First Amendment prohibits prior restraints on speech, i.e., judicial suppression of material that would be published or broadcast, on the grounds that it is libelous, defamatory, or harmful.2 However, the imposition of subsequent liability for defamation does not abridge the freedom of speech protected by the First Amendment.3 It is this important distinction drawn by the United States Supreme Court—subsequent punishment vs. prior restraint—that denotes the permissible remedies and punishments in a court of law for defamation. One question remains unanswered by the Supreme Court: while the First Amendment allows for after-the-fact punishment for defamation in the form of money damages, or even imprisonment, does the First Amendment permit ∗ J.D., Chicago-Kent College of Law, May 2016. 1 Cailah E. Garfinkel, The Importance of an Independent Judiciary and a Free Press, 22 SUM DEL. LAW. 28 (2004). 2 There are a few exceptions to the prohibition on prior restraint discussed infra Part I. 3 New York Times Co. v. Sullivan, 376 U.S. 254, 301–02 (1964). 271 SEVENTH CIRCUIT REVIEW Volume 11, Issue 2 Spring 2016 permanent injunctions against published or spoken speech that has been found to be defamatory by a judge or jury? Permanently enjoining defamatory speech is preventing speech before it happens. -
Eu Directive on Legal Aid for Suspects and Accused Persons in Criminal Proceedings and for Requested Persons in European Arrest Warrant Proceedings
EU DIRECTIVE ON LEGAL AID FOR SUSPECTS AND ACCUSED PERSONS IN CRIMINAL PROCEEDINGS AND FOR REQUESTED PERSONS IN EUROPEAN ARREST WARRANT PROCEEDINGS TRANSPOSITION TOOLKIT 1 About Fair Trials Fair Trials is an international human rights organisation with offices in London, Brussels and Washington, D.C., focused on improving the right to a fair trial in accordance with international standards. Our work is premised on the belief that fair trials are one of the cornerstones of a just society: they prevent lives being ruined by miscarriages of justice, and make societies safer by contributing to transparent and reliable justice systems that maintain public trust. Although universally recognised in principle, in practice the basic human right to a fair trial is being routinely abused. Fair Trials’ work combines: (a) helping suspects to understand and exercise their rights; (b) building an engaged and informed network of fair trial defenders (including NGOs, lawyers and academics); and (c) fighting the underlying causes of unfair trials through research, litigation, political advocacy and campaigns. About the Legal Experts Advisory Panel The Legal Experts Advisory Panel (or LEAP) is an EU-wide network of experts in criminal justice and human rights which works to promote fair and effective judicial cooperation within Europe. There are currently over 185 organisational members, with representatives from law firms, CSOs, and academic institutions, covering all 28 EU Member States. Through Fair Trials’ coordination, LEAP is able to offer an expert view on a broad range of EU criminal justice topics, while also boosting cooperation between human rights defenders in crossborder work. LEAP’s importance has been acknowledged by the EU, which has recognised the network’s contribution to EU Justice.