27

While ohwilleke gave a good answer on the limits of citing treaties in US courts, there's a more fundamental issue: the UDHR is not a treaty. It's a resolution of the UN General Assembly, and like virtually all General Assembly resolutions it has no binding effect under international law (the only General Assembly resolutions that are binding are about ...


26

The Universal Declaration of Human Rights is not self-executing and may not be applied in U.S. courts as binding law. See, e.g., Barbara Macgrady, Note, Resort to International Human Rights Law in Challenging Conditions in U.S. Immigration Detention Centers, 23 BROOK. J. INT'L L. 271, 300 (1997) ("Since Congress has made its intent clear [by adopting ...


19

The Queen (or King) is not the government; she represents the State. The difference is often ignored by ministers, but is important particularly in constitutional cases. Miller began as Miller v Home Office, a judicial review case. When it became clear that the question was what powers the government actually had in a certain situation, the Supreme Court ...


4

Statistics deceive courts all the time Most judges and jurors know no statistics. Most doctors and social scientists use statistics without really understanding them. Therefore, innocently or otherwise, perfectly valid statistics are introduced into courts in ways and manners that result in mistakes even before we consider the possibility of deliberate ...


3

I think we're talking about In re Hennen, which dealt with the removal of the clerk of the district court in Louisiana: It all these departments power is given to the secretary, to appoint all necessary clerks; 1 Story, 48; and although no power to remove is expressly given, yet there can be no doubt, that these clerks hold their office at the will ...


2

How can I find court cases that involve a given organization (e.g. some company)? Based on other inquiries you have posted, I gather that you refer to the US. A very useful, cost-free resource is leagle.com, where you can search for court opinions by court, party name, citation, and so forth. Another free resource is https://www.justia.com/courts/ . To ...


2

Almost anything is good consideration for a contract (even a peppercorn) - they only real exception is something that a party was already obliged to do by law or contract. Even if all Mrs Merrit did was act as agent, literally taking the money directly from Mr Merrit and depositing it in the building society, that service is itself good consideration.


2

"Deceptive statistics" is not a matter over which a person can be sued, so coming up with a court case will be hard. Fabricating data is not deceptive statistics – data fabrication would easily fall under the general rubric of fraud. Likewise, falsifying the application of a test is basically fraud (claiming to have performed an ANOVA on a set of ...


2

Your example is from 2.4(b)(1) of the style manual for "Commission and Agency Documents and Materials". The New York Public Employment Relations Board is a state level version of the National Labor Relations Board (NLRB) that governs private sector management-union relations nationwide, for public employees in New York State. These boards have both ...


1

What does it mean? "If it pleases the court, may we proceed without formal citation?"


1

Reissued for publication doesn't come up very often and I don't believe that there is a specific rule for it, so there is a certain amount of discretion in how that is stated. I would cite it as follows: QTC Medical Servs., Inc. v. United States, No. 17-80C, 17-83C (Ct. Cl. June 23, 2017) reissued for publication (July 12, 2017). The date of a case is ...


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