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Justice in practice

19 April 2012 / Roger Smith
Issue: 7510 / Categories: Opinion , Human rights
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Roger Smith rounds up the latest human rights developments

The US media has been full of coverage of the Supreme Court challenge to the president’s health legislation, generally known as ObamaCare. The New York Times revealed that advocates for both sides had been using Georgetown University Law Centre’s ceremonial courtroom as a mock up of the Supreme Court. According to The Times, there has been a threatened shortage of “something that had never been thought in short supply: Washington lawyers willing to pretend to be Supreme Court justices”.

Realistic representation

It turns out that US lawyers make a practice in big cases of running through their arguments in as realistic a representation of the Supreme Court as possible. Such advocates have, on the one hand, to compress their argument into very tight time limits but, on the other, the cases are, by our standards, pretty short. For example, the court mandated 90 minutes of argument in total on the consequences of any decision that they made to strike down the legislation.

English counsel

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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