Opportunities with International Tribunals and Foreign Courts
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Canadian Taxpayer Vol41 No10-1Stproof 1..8
Editor: Arthur B.C. Drache, C.M., Q.C. Pages 73-80 May 17, 2019 Vol. xli No. 10 Minister come to the Island during the election would be P.E.I. Election Produces Minority ªcounter-productiveº. Government ThesurgeoftheGreenswasnosurpriseaspollsformonths had suggested that they were running ahead of the two For the first time since the 19th century, voters in Prince traditional parties and might actually form the govern- Edward Island have abandoned their traditional embrace ment. In the event, the Conservatives finished with 37 of the Island's two-party system, electing a Tory minority percent of the popular vote, followed by the Greens at 31 government and handing the upstart Green Party official and the Liberals at 29. The NDP received just 3 percent. opposition status for the first time. Voter turnout was 77 percent, a five-point drop from the With all polls reporting the Tories had won 12 seats, the 2015 election. Greens held eight, and the incumbent Liberals, led by The election campaign was in stark contrast to that in Premier Wade MacLauchlan, had won six. But MacLau- Alberta. Civility was the rule of the day and even in the chlan lost his own seat. He subsequently announced his leaders' debate, there was more consensus on issues than resignation as head of the party. real debate. The Liberals were seeking a fourth term in office, having Premier-designate Dennis King now faces a task that has repeatedly reminded Islanders that the province's econ- never before been faced by a P.E.I. premier. He needs to omy remains the strongest in the country. -
In Chambers: Effective Writing Tips for the Judicial Interns and Law Clerks
IN CHAMBERS: EFFECTIVE WRITING TIPS FOR THE JUDICIAL INTERNS AND LAW CLERKS © 2017 The Writing Center at GULC. All Rights Reserved.1 Working for and with a judge can be an exciting but intimidating challenge. In many respects, law school is great preparation, and many of the skills you have learned will be invaluable. However, many challenges you will face in chambers can seem quite foreign at first, and there is surprisingly little guidance out there on how to address them. This handout is intended to fill some of those gaps. A lot of the guidance contained in this handout will, like so many things in law, vary depending on facts and circumstances. For example, this handout is intended to be useful both for full-time clerks as well as summer interns and school-term externs. Of course, the roles of each of these positions differs in some respect, so keep that in mind as you read. In addition, as is elaborated further later on, every judge is different. No matter what, respect his or her wishes at all times and never take anything contained herein or elsewhere as advice to the contrary. This handout assumes you have received an assignment from your supervisor in chambers and that you are having a hard time with next steps. The goal is not so much to tell you how to write it (there is simply too much variation out there for that), but, instead, to provide some guidance as to what types of questions you can ask and what next steps might look like. -
COVID-19 Booklet Collection of Newsletters
COVID-19 booklet Collection of newsletters Last updated 1 May 2020 Table of contents News General COVID-19: The Danish Epidemic Act 6 3 April 2020 | Martin André Dittmer, Thomas Edelgaard Christensen Temporary compensation scheme for self-employed and freelancers 15 25 March 2020 | Christoffer Fode, Erik Molin Temporary compensation scheme for companies’ overhead expenses 18 25 March 2020 | Christoffer Fode, Erik Molin COVID-19: The Government and the Danish Parliament launch extensive bailout package 22 19 March 2020 | Martin André Dittmer, Thomas Edelgaard Christensen COVID-19: Compensation scheme for exposed undertakings and business owners 24 18 March 2020 | Martin André Dittmer, Christian Alsøe Labour & Employment Practical guide to compensation of wages and salaries 26 30 April 2020 | Jacob Sand, Sabine Brandhøj Overgaard COVID-19: Specific measures for handling the reduced need for manpower 34 16 March 2020 | Jacob Sand The coronavirus and concerns relating to employees 36 9 March 2020 | Tue Goldschmieding, Jacob Sand Banking & Finance Far reaching COVID-19 measures for businesses in Germany 40 30 March 2020 | Lotte Eskesen, Claus Jespersen, Hanne Jespersen Hansen, Alexander Maierski Liquidity and other measures in Denmark, across Europe and beyond 43 24 March 2020 | Michael Steen Jensen, Tobias Linde, Mikkel Fritsch, Morten Nybom Bethe, Bo Holse, Morten Hans Jakobsen Temporary rules concerning businesses under supervision of the Danish Financial Supervisory 46 Authority 19 March 2020 | Michael Steen Jensen, Morten Nybom Bethe, -
The Supreme Court and the New Equity
Vanderbilt Law Review Volume 68 | Issue 4 Article 1 5-2015 The uprS eme Court and the New Equity Samuel L. Bray Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Supreme Court of the United States Commons Recommended Citation Samuel L. Bray, The uS preme Court and the New Equity, 68 Vanderbilt Law Review 997 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol68/iss4/1 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. VANDERBILT LAW REVIEW VOLUME 68 MAY 2015 NUMBER 4 ARTICLES The Supreme Court and the New Equity Samuel L. Bray* The line between law and equity has largely faded away. Even in remedies, where the line persists, the conventional scholarly wisdom favors erasing it. Yet something surprisinghas happened. In a series of cases over the last decade and a half, the U.S. Supreme Court has acted directly contrary to this conventional wisdom. These cases range across many areas of substantive law-from commercial contracts and employee benefits to habeas and immigration, from patents and copyright to environmental law and national security. Throughout these disparate areas, the Court has consistently reinforced the line between legal and equitable remedies, and it has treated equitable remedies as having distinctive powers and limitations. This Article describes and begins to evaluate the Court's new equity cases. -
Recommendations to National Courts and Tribunals in Relation to the Initiation of Preliminary Ruling Proceedings
8.11.2019 EN Official Journal of the European Union C 380/1 I (Resolutions, recommendations and opinions) RECOMMENDATIONS COURT OF JUSTICE OF THE EUROPEAN UNION Recommenda- Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings (2019/C 380/01) These recommendations have been drawn up for the attention of the courts and tribunals of the Member States of the European Union and echo the provisions of Title III of the Rules of Procedure of the Court of Justice (1). They serve as a reminder of the essential characteristics of the preliminary ruling procedure and the matters to be taken into account by the national courts and tribunals before a reference for a preliminary ruling is made to the Court of Justice, while providing practical guidance as to the form and content of requests for a preliminary ruling. Since such requests will be served, after having been translated, on all the interested persons referred to in Article 23 of the Protocol on the Statute of the Court of Justice of the European Union and the decisions of the Court closing the proceedings will in principle be published in all the official languages of the European Union, close attention must be paid to the presentation of requests for a preliminary ruling and, in particular, to the protection of the personal data which they contain. (1) OJ L 265, 29.9.2012, p. 1. C 380/2 EN Official Journal of the European Union 8.11.2019 Table of contents Paragraphs Introduction 1-2 I. Provisions which apply to all requests for a -
Downloaded from the Internet and Distributed Inflammatory Speeches and Images Including Beheadings Carried out by Iraqi Insurgents
HUMAN RIGHTS WATCH WORLD REPORT 2006 EVENTS OF 2005 Copyright © 2006 Human Rights Watch All rights reserved. Co-published by Human Rights Watch and Seven Stories Press Printed in the United States of America ISBN-10: 1-58322-715-6 · ISBN-13: 978-1-58322-715-2 Front cover photo: Oiparcha Mirzamatova and her daughter-in-law hold photographs of family members imprisoned on religion-related charges. Fergana Valley, Uzbekistan. © 2003 Jason Eskenazi Back cover photo: A child soldier rides back to his base in Ituri Province, northeastern Congo. © 2003 Marcus Bleasdale Cover design by Rafael Jiménez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] Rue Van Campenhout 15, 1000 Brussels, Belgium Tel: +32 2 732 2009, Fax: +32 2 732 0471 [email protected] 9 rue Cornavin 1201 Geneva Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] Markgrafenstrasse 15 D-10969 Berlin, Germany Tel.:+49 30 259 3060, Fax: +49 30 259 30629 [email protected] www.hrw.org Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. -
The Proliferation of Dissenting Opinions.Indb
Cover Page The handle http://hdl.handle.net/1887/123230 holds various files of this Leiden University dissertation. Author: Sarmiento Lamus, A.D. Title: The proliferation of dissenting opinions in international law: A comparative analysis of the exercise of the right to dissent at the ICJ and IACtHR Issue Date: 2020-07-08 The proliferation of dissenting opinions in international law A comparative analysis of the exercise of the right to dissent at the ICJ and the IACtHR 544424-L-bw-Sarmiento 544424-L-bw-Sarmiento The proliferation of dissenting opinions in international law A comparative analysis of the exercise of the right to dissent at the ICJ and the IACtHR PROEFSCHRIFT ter verkrijging van de graad van Doctor aan de Universiteit Leiden, op gezag van Rector Magnificus prof. mr. C.J.J.M. Stolker, volgens besluit van het College voor Promoties te verdedigen op woensdag 8 juli 2020 klokke 16.15 uur door Andrés Dario Sarmiento Lamus geboren te Bogota, Colombia in 1985 544424-L-bw-Sarmiento Promotoren: Prof. dr. L.J. van den Herik Prof. dr. Y.A.A.S. Radi (Université Chatolique de Louivain) Promotiecommissie: Dr. J. Powderly Dr. G. Le Moli Prof. dr. E. Ferrer MacGregor (Universidad Nacional Autónoma de México, México) Prof. dr. D. Kritsiotis (University of Nottingham, United Kingdom) Lay-out: AlphaZet prepress, Bodegraven Printwerk: Ipskamp Printing © 2020 A.D. Sarmiento Lamus Behoudens de in of krachtens de Auteurswet van 1912 gestelde uitzonderingen mag niets in deze uitgave worden verveelvoudigd, opgeslagen in een geautomatiseerd gegevensbestand of openbaar gemaakt, in enige vorm op enige wijze, hetzij elektronisch, mechanisch, door fotokopieën, opnamen of enige andere manier, zonder voorafgaande schriftelijke toestemming van de uitgever. -
Clerk and Justice: the Ties That Bind John Paul Stevens and Wiley B
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by OpenCommons at University of Connecticut University of Connecticut OpenCommons@UConn Connecticut Law Review School of Law 2008 Clerk and Justice: The Ties That Bind John Paul Stevens and Wiley B. Rutledge Laura Krugman Ray Follow this and additional works at: https://opencommons.uconn.edu/law_review Recommended Citation Ray, Laura Krugman, "Clerk and Justice: The Ties That Bind John Paul Stevens and Wiley B. Rutledge" (2008). Connecticut Law Review. 5. https://opencommons.uconn.edu/law_review/5 CONNECTICUT LAW REVIEW VOLUME 41 NOVEMBER 2008 NUMBER 1 Article Clerk and Justice: The Ties That Bind John Paul Stevens and Wiley B. Rutledge LAURA KRUGMAN RAY Justice John Paul Stevens, now starting his thirty-third full term on the Supreme Court, served as law clerk to Justice Wiley B. Rutledge during the Court’s 1947 Term. That experience has informed both elements of Stevens’s jurisprudence and aspects of his approach to his institutional role. Like Rutledge, Stevens has written powerful opinions on issues of individual rights, the Establishment Clause, and the reach of executive power in wartime. Stevens has also, like Rutledge, been a frequent author of dissents and concurrences, choosing to express his divergences from the majority rather than to vote in silence. Within his chambers, Stevens has in many ways adopted his own clerkship experience in preference to current models. Unlike the practices of most of his colleagues, Stevens hires fewer clerks, writes his own first drafts, and shares certiorari decisionmaking with his clerks. -
Canadian Tax Journal, Vol. 56, No. 3, 2008
canadian tax journal / revue fiscale canadienne (2008) vol. 56, no 3, 661 - 707 The Dividing Line Between the Jurisdictions of the Tax Court of Canada and Other Superior Courts David Jacyk* P r é c i s Le droit fiscal est sans aucun doute l’une des branches du droit les plus exigeantes et les plus complexes au Canada. On pourrait penser qu’en matière de droit fiscal, la question de la juridiction des tribunaux se pose très simplement en ces termes : quel tribunal peut statuer sur les affaires qui concernent l’administration de la législation fiscale? Pourtant, cette question à elle seule a fait l’objet d’un grand nombre de litiges depuis des décennies, devant différents tribunaux de première instance et d’appel partout au Canada, ce qui montre bien la complexité de la question de la compétence des tribunaux dans un état fédéral, et ce, même dans un domaine de droit comme la fiscalité qui est pourtant bien circonscrit. L’abondance de jurisprudence sur la question de la juridiction est particulièrement importante depuis quelques années, et elle comporte plusieurs décisions des cours d’appel qui ont contribué à éclaircir davantage cette question. Ce nouvel éclairage a donné lieu à des développements très appréciés. En reconstituant l’évolution du droit dans ce domaine, le présent article brosse un portrait détaillé et complet du droit et propose une analyse qui s’appuie sur les étapes suivantes : n l’examen de la structure des tribunaux fédéraux et en fiscalité; n la reconstitution de l’évolution de la jurisprudence aussi bien avant qu’après la réorganisation au fédéral du réseau des cours d’appel en fiscalité de 1991; n la prise en compte des décisions des tribunaux provinciaux qui se sont penchés sur cette question de façon indépendante du réseau des tribunaux fédéraux; n la prise en compte de l’ensemble des décisions en matière de rectification, un domaine qui a donné lieu à mon avis à des anomalies, mais des résultats tout de même gérables et prévisibles; * Of the Department of Justice, Ottawa. -
Memorandum of the Bolivarian Republic of Venezuela on The
Memorandum of the Bolivarian Republic of Venezuela on the Application filed before the International Court of Justice by the Cooperative of Guyana on March 29th, 2018 ANNEX Table of Contents I. Venezuela’s territorial claim and process of decolonization of the British Guyana, 1961-1965 ................................................................... 3 II. London Conference, December 9th-10th, 1965………………………15 III. Geneva Conference, February 16th-17th, 1966………………………20 IV. Intervention of Minister Iribarren Borges on the Geneva Agreement at the National Congress, March 17th, 1966……………………………25 V. The recognition of Guyana by Venezuela, May 1966 ........................ 37 VI. Mixed Commission, 1966-1970 .......................................................... 41 VII. The Protocol of Port of Spain, 1970-1982 .......................................... 49 VIII. Reactivation of the Geneva Agreement: election of means of settlement by the Secretary-General of the United Nations, 1982-198371 IX. The choice of Good Offices, 1983-1989 ............................................. 83 X. The process of Good Offices, 1989-2014 ........................................... 87 XI. Work Plan Proposal: Process of good offices in the border dispute between Guyana and Venezuela, 2013 ............................................. 116 XII. Events leading to the communiqué of the UN Secretary-General of January 30th, 2018 (2014-2018) ....................................................... 118 2 I. Venezuela’s territorial claim and Process of decolonization -
Carissima Mathen*
C h o ic es a n d C o n t r o v e r sy : J udic ia l A ppointments in C a n a d a Carissima Mathen* P a r t I What do judges do? As an empirical matter, judges settle disputes. They act as a check on both the executive and legislative branches. They vindicate human rights and civil liberties. They arbitrate jurisdictional conflicts. They disagree. They bicker. They change their minds. In a normative sense, what judges “do” depends very much on one’s views of judging. If one thinks that judging is properly confined to the law’s “four comers”, then judges act as neutral, passive recipients of opinions and arguments about that law.1 They consider arguments, examine text, and render decisions that best honour the law that has been made. If judging also involves analysis of a society’s core (if implicit) political agreements—and the degree to which state laws or actions honour those agreements—then judges are critical players in the mechanisms through which such agreement is tested. In post-war Canada, the judiciary clearly has taken on the second role as well as the first. Year after year, judges are drawn into disputes over the very values of our society, a trend that shows no signs of abating.2 In view of judges’ continuing power, and the lack of political appetite to increase control over them (at least in Canada), it is natural that attention has turned to the process by which persons are nominated and ultimately appointed to the bench. -
The International Criminal Court
2007–2008 FACT SHEET ONE “The establishment of the Court is still a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law.” – Kofi Annan, Former U.N. Secretary-General at the signing of the Rome Statute of the International Criminal Court The International Criminal Court The International Criminal Court is groundbreaking because: For more than half a century since the Nuremberg and Tokyo trials, states have largely failed to bring to justice those responsible for genocide, crimes against humanity and war crimes. With the creation of the International Criminal Court (ICC), the world has begun to fulfill the post-World War II promise of “never again.” The ICC is the world’s first permanent, international judicial body capable of bringing perpetrators to justice and providing redress it will serve as a permanent deterrent to victims when states are unable or unwilling to do so. This represents a major stride for to people considering these crimes. international justice. In most cases in the last 50 years, international mechanisms to prosecute On July 17, 1998, at a diplomatic conference in Rome, the international community people accused of these crimes have adopted the Rome Statute of the International Criminal Court. The treaty has been hailed been set up only after the crimes were by governments, legal experts and civil society as the most significant development in committed; international law since the adoption of the United Nations Charter. The treaty entered into force on July 1, 2002. The Court made its first arrest in March 2006 and is scheduled to it will have a much wider jurisdiction begin its first trial in September 2007.