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english high court: prorogation not justiciable September 11, 2019

Posted by Bradley in : brexit , add a comment

In contrast with the Court of Session, the English High Court held today that the prorogation is not justiciable. At para. 42 the court stated:

The criteria adopted by the courts for identifying non-justiciable exercises of prerogative power are whether they involve matters of “high policy” or are “political”.

And, at para. 47, :

the essential characteristic of a “political” issue is the absence of judicial or legal standards by which to assess the legality of the Executive’s decision or action.

hong kong stock exchange offer for london stock exchange September 11, 2019

Posted by Bradley in : brexit, markets , add a comment

After weeks of civil unrest in Hong Kong, raising questions about the extent to which Hong Kong is, and may continue to be,  run under a separate regime from that of mainland China, the Hong Kong Stock Exchange announced a planned offer for the London Stock Exchange. This week Brexit got even more complicated (today the Court of Session held that the prorogation of Parliament until October 14th was unlawful), and the offer raises some interesting questions about what financial market activity in the UK might look like after Brexit.  

forthcoming symposium on petty offenses at umlaw September 10, 2019

Posted by Bradley in : events, um , add a comment

On 20-21 September there’s what promises to be a fascinating and important symposium, open to all, on petty offenses and social justice at the Donna Shalala Student Center at UM.  You can sign up here.

The event will explore the use of litigation; human rights advocacy at international, regional, national, and local levels; and creative campaigning. It will draw on work from Ghana, Guinea, Guyana, Hungary, India, Israel, Jamaica, Kenya, Madagascar, Malawi, Nigeria, Sierra Leone, Uganda, and the United States. A special symposium issue of the University of Miami Law Review and the University of Miami Race and Social Justice Law Review will further capture lessons and reflections.

Faculty from Miami Law who work at the intersection of criminal law and human rights, including Caroline Bettinger-LópezDonna Coker, Tamar Ezer, and Stephen Schnably, who was co-counsel on the landmark Pottinger v. City of Miami case, will be featured. Additionally, the conference brings together key experts from the field, including Maria Teresa Manuela with the African Commission on Human and Peoples’ Rights and special rapporteur on Policing and Prisons in Africa; Anneke Meerkotter, the litigation director of the Southern Africa Litigation Centre; Rob Robinson, a housing rights advocate with the National Economic and Social Rights Initiative and formerly homeless himself in Miami and New York; and Tracy Robinson, the deputy dean of the Faculty of Law at the University of the West Indies and former president of the Inter-American Commission on Human Rights.