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Full-Text Articles in Law
The Constitutional Right To Education In India: Horizontal Dimensions, Shubhankar Dam
The Constitutional Right To Education In India: Horizontal Dimensions, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Freedom Of Speech And The ‘Occupy’ Protests: ‘Narrowly Tailored To Further Significant Government Interests’, Mel Cousins
Freedom Of Speech And The ‘Occupy’ Protests: ‘Narrowly Tailored To Further Significant Government Interests’, Mel Cousins
Mel Cousins
This note examines the spate of recent court decisions concerning efforts by Occupy protestors in various cities of the USA to prevent the removal (or restriction) of their protests. In general, though by no means in all cases, the courts, applying existing freedom of speech principles, have upheld the protestors’ right to protest to some extent but have placed narrow limits around the manner in which this right may be exercised. Following a short introduction (Part 1), Part 2 discuses the approach which has been taken by the courts in recent cases. The approach adopted contrasts sharply with the Supreme …
A Recipe For Change: Constitutional Reform In Saint Lucia, Amit Chhabra, Damian Greaves
A Recipe For Change: Constitutional Reform In Saint Lucia, Amit Chhabra, Damian Greaves
Amit Chhabra
In spite of relative peace over the years in the English-speaking Caribbean, recent debate has centered on whether certain constitutional charters should be amended or replaced in their entirety. This movement presents the first major opportunity for these British Commonwealth nations to re-examine their governments’ parliamentary underpinnings so as to account for adequate protections of civil liberties and inter-branch checks; moreover, it is an opportunity to disallow “the law to become the hostage of history.” Too often, “constitutional reform” is cited as an essential course of action, whereas an expansion of the body of law and improvements in enforcement of …
Equal Protection, Workers Compensation And Offset Of Benefits (Again) – Caldwell V Maco Workers Compensation And Caputo V Workers’ Compensation Appeal Board (Commonwealth Of Pennsylvania)
Mel Cousins
As noted in an earlier article, one issue which has received considerable attention in terms of equal protection challenges in US courts is that concerning the offset of one type of social security benefits with worker’s compensation payments. The Supreme Court in Richardson v Belcher upheld the reduction in social security disability insurance because of receipt of a state worker’s compensation payment as rationally based and free from invidious discrimination. The Court and various federal courts of appeals have subsequently shown little interest in subjecting such offset provisions to more than a minimal level of scrutiny. State courts have also …