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Articles 1 - 9 of 9
Full-Text Articles in Law
The Constitutionality Of The Patient Protection And Affordable Care Act In The Courts Of Appeals, Mel Cousins
The Constitutionality Of The Patient Protection And Affordable Care Act In The Courts Of Appeals, Mel Cousins
Mel Cousins
Having undergone an extensive process of political discussion and debate, the ACA (properly the Patient Protection and Affordable Care Act) is now under intensive legal challenge with over 20 different cases from both states and organizations and individuals having been initiated. The challengers argue that the Act lacks a constitutional basis and/or infringes on their constitutional rights. These cases involve a fascinating intersection of legal, political and policy issues and, regardless of the outcome, will have important implications for the future direction of US health care policy. There have now been four decisions of the courts of appeal on the …
Travellers, Equality And School Admission: Christian Brothers High School Clonmel -V- Stokes, Mel Cousins
Travellers, Equality And School Admission: Christian Brothers High School Clonmel -V- Stokes, Mel Cousins
Mel Cousins
This note examines the recent Irish equality officer and Circuit Court decisions in CBS High School Clonmel v Stokes which concerned whether the rules for admission to the school – in particular a rule giving priority to children whose parents had attended the school - were compatible with the Equal Status Acts 2000-2008. The equality officer held that the rule was indirectly discriminatory and in breach of the Act. However, on appeal the Court held that while the rule had a disproportionate impact on Travellers, it was objectively justified.
A2 Self-Employed Workers And Social Welfare Rights - Solovastru V Minister For Social And Family Affairs, Mel Cousins
A2 Self-Employed Workers And Social Welfare Rights - Solovastru V Minister For Social And Family Affairs, Mel Cousins
Mel Cousins
This note examines the recent decision of the Irish High Court in Solovastru v Minister for Social and Family Affairs. The case concerned the rights of a Romanian migrant worker to benefits under the Irish social welfare scheme and, in particular, (i) whether a person who requires a work permit to take up employment can be considered to be ‘available for work’; and (ii) whether the applicant was habitually resident in Ireland. This, in turn, raised the issue as to whether, under EU law, a self-employed person retains a right to reside under Article 7 of Directive 2004/38/EC in the …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (April-June 2011), Mel Cousins
Mel Cousins
In this article, we review developments in the case law of the European Court of Justice and Court of Human Rights in the period April to June 2011. In contrast to the last issue which focussed on a number of key judgments – mainly involving an interpretation of the Treaty provisions − that look likely to have an important impact on social security issues, this issue returns to the more mundane case law of the two courts on issues such as the co-ordination of social security for migrants and the application of the right to fair hearing and non-discrimination in …
R. (On The Application Of Child Poverty Action Group) V Secretary Of State For Work And Pensions, Mel Cousins
R. (On The Application Of Child Poverty Action Group) V Secretary Of State For Work And Pensions, Mel Cousins
Mel Cousins
This case concerns the Secretary of State’s right to recover overpaid social security benefits. Section 71 of the Social Security Administration Act 1992 provides that overpaid benefits may be recovered where they arise from misrepresentation or non-disclosure of a material fact. As Lord Brown put it, the case raised the question as to whether s.71 provides an exclusive code for recovery of overpayments made in accordance with an award of benefit.
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (July-September 2011), Mel Cousins
Mel Cousins
In this article, we consider two important decisions: one of the Court of Human Rights on the rights of prisoners which concerns access to pension insurance (Stummer); and one from the Court of Justice concerning the link between residence and social security (Stewart). On the legislative front, not much happened.
Patmalniece V Secretary Of State For Work And Pensions [2011] Uksc 11 Supreme Court, Mel Cousins
Patmalniece V Secretary Of State For Work And Pensions [2011] Uksc 11 Supreme Court, Mel Cousins
Mel Cousins
This Supreme Court decision concerns the right to reside test in UK social security law. In brief, UK law has since 1994 had a requirement that, in order to be entitled to various non-contributory benefits, one must be habitually resident in the country. In 2004 in response to the accession of a large number of new Member States to the EU, a new right to reside test was incorporated into the habitual residence test. This means that in order to be habitually resident it is necessary to have a legal right to reside in the United Kingdom. All UK citizens …
Chronic Pain, Impairment, Workers Compensation And Equality: Downey V Nova Scotia (Workers Compensation Appeals Tribunal), Mel Cousins
Mel Cousins
This note examines the issue of the treatment of chronic pain under Canadian workers compensation law in the context of the right to equality set out in s. 15 of the Canadian Charter of Rights. In the Martin case the Supreme Court of Canada ruled that the exclusion compensation for chronic pain from the general Nova Scotia worker’s compensation scheme was in breach of s. 15 of the Charter. Following this decision, Nova Scotia enacted new legislation which brought chronic pain within the general scheme but subject to a limit of the amount of compensation payable. These provisions were challenged …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (November 2010-March 2011), Mel Cousins
Mel Cousins
In this article, we review developments in the case law of the European Court of Justice and Court of Human Rights and EU legislative developments in the period November 2010 to March 2011. We focus on a number of key judgments – mainly involving an interpretation of the Treaty provisions − which look likely to have an important impact on social security issues: in particular, Test-Achats, concerning the incompatibility of secondary legislation allowing insurance products (including pension annuities) to be calculated by reference to gender-based actuarial factors, Casteels, concerning the impact of free movement on the co-ordination of occupational pensions …