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  • German Consitutional Court: smoking bans disproportionate

    Carl Gardner
    August 6, 2008

    I’m afraid you need to read German in order to read the recent judgment of the Federal Constitutional Court in which it has ruled unconstitutional smoking bans in Berlin and Baden-Württemberg. There is also a press release which […]

    Tags: german consitutional court, germany, health, smoking
  • Obama the law lecturer

    Carl Gardner
    August 1, 2008

    You may need to register to read this New York Times article about Barack Obama’s time as a lecturer at the University of Chicago Law School – but registration is free, and it’s not a bad read.

    Tags: politics
  • The Karadzic Indictment

    Carl Gardner
    August 1, 2008

    In a busy week for judgments I’ve not yet mentioned the arrest of Radovan Karadzic and his transfer to the International Criminal Tribunal for the Former Yugoslavia. But I’m as pleased as anyone else about it. Of course leaders like […]

    Tags: crime, international
  • Lords judgment: R (Baiai) v Home Secretary

    Carl Gardner
    July 31, 2008

    The other interesting judgment from the Lords in what Joshua Rozenberg thinks must have been a record output yesterday was in R (Baiai) v Home Secretary. This case is about section 19 of the Asylum […]

    Tags: house of lords, human rights, immigration, judicial review, marriage
  • Lords judgment: R (Corner House) v SFO

    Carl Gardner
    July 30, 2008

    Today the Lords has given judgment bringing to an end the challenge by Corner House and the Campaign Against the Arms Trade to the SFO Director’s decision in December 2006 to discontinue the investigation into alleged corruption by BAe […]

    Tags: al yamamah, BAe, judicial review, saudi arabia, SFO
  • R (Watkins-Singh) v Aberdare Girls’ High School

    Carl Gardner
    July 29, 2008

    Sarika Watkins-Singh has today won her race and religious discrimination case against her school for refusing to allow her to wear the kara, a Sikh bracelet, and for excluding her for breaching the school’s no-jewellery uniform policy.

    Tags: discrimination, race discrimination, religion
  • Provocation: sentencing is the real issue

    Carl Gardner
    July 29, 2008

    Julie Bindel in today’s Guardian (it’s been a Guardian week for me so far) welcomes in an anticipatory way proposals that are expected from the government to reform the law of provocation as it applies to murder.

    Tags: crime, homicide, sentencing
  • The Southall Black Sisters case

    Carl Gardner
    July 28, 2008

    Rahila Gupta in today’s Guardian writes about the victory of Southall Black Sisters in its judicial review a couple of weeks ago: Ealing Council had wanted to cut its support for the organisation in order to fund another means […]

    Tags: judicial review, local government, race discrimination
  • Charon podcast: breach of privacy and the Max Mosley judgment

    Carl Gardner
    July 26, 2008

    Charon interviewed me this morning about the Max Mosley case. We spoke about the development from old-style breach of confidence to what’s effectively a British privacy law, with the new extended right of action for breach of privacy, and […]

    Tags: freedom of expression, human rights, private life
  • Nothing "landmark"

    Carl Gardner
    July 24, 2008

    Eady J was keen to point out that, strictly speaking, his judgment in Max Mosley’s case does not involve any radical development of the law:

    It is perhaps worth adding […]

    Tags: freedom of expression, human rights, private life
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