In Bell v. Cheswick Generating Station, the U.S. Court of Appeals for the Third Circuit reversed a decision by the U.S. District Court for the Western District of Pennsylvania, holding that state common law tort actions were not preempted by the federal Clean Air Act (“CAA”). The Third Circuit found that the savings clause of the CAA was nearly identical to that of the Clean Water Act (“CWA”), ...

The legal system prides itself on rigorous issues analysis, logical thought processes and comprehensive use of factual data in cases involving the social sciences. Since the famed" Brandeis brief' was filed with the United States Supreme Court in Lochner v. New York' some 50 years ago, the employment of social science data in public policy cases has been a benchmark of the appellate court proce...

To make ECtHR rulings prevail over final Spanish judgments is a matter for the legislator, not for an extreme or exaggerated interpretation of a law that has not been promulgated for that purpose. Within the context of the doctrine introduced by the Administrative Bench of the TS, the current or subsisting character of the violation of the fundamental right turns out to be a key issue. However,...

An explosion of Eighth Amendment challenges to lethal injection protocols has struck the federal courts. The Supreme Court's recent decision in Hill v. McDonough,1 which empowered prisoners to bring challenges to lethal injection procedures under 42 U.S.C. para. 1983, has facilitated a flood of new lethal injection cases. In response, several courts have ordered states to alter their protocols,...

Public support for legal recognition of same-sex marriage increased markedly in Canada over the course of the 1990s. While changes in fundamental values likely account for part of the increase, the speed and magnitude of aggregate opinion change in this domain casts some doubt on strictly sociological explanations for the shift. The argument of this paper is that a sequence of high-profile Supr...

Oregon's Death with Dignity Act was first passed by a ballot initiative in 1994, but numerous judicial challenges delayed implementation of the Act. In November of 1997, following the United States Supreme Court decisions in Vacco v. Quill and Washington v. Glucksberg, which left the states' power to regulate physician-assisted suicide undisturbed, the Oregon voters upheld their law. Oregon rem...

The article analyses the provisions of Administrative Procedure Code Ukraine on interim relief through suspension a regulatory legal act and examines Supreme Court’s case law with regard to efficiency application this administrative procedure institution. In fulfilling main tasks proceedings, institution is great importance, as it allows plaintiff protect his or her rights interests at stage ap...

Momcilovic v The Queen (2011) 85 ALJR 957; [2011] HCA 34 arose from a prosecution for drug trafficking brought under the Drugs, Poisons and Controlled Substances Act 1981 (Vic). The Australian High Court held that the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) validly conferred a power on the Victorian Supreme Court and Court of Appeal to interpret legislation in ...