Constitutional Law and Human Rights

A High Court of Australia Decision on Search Warrants

The execution of a search warrant is a powerful evidence gathering tool for law enforcement officers. The power to search is regarded by the courts as an exceptional power, to be exercised only under certain conditions. The legislative conditions that govern the issue of search warrants are observed by courts to be an important safeguard

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Sexual Minorities Are Given Overdue Hearing in Hong Kong

Hong Kong, like much of Southeast Asia, has made slow progress in supporting LGBTQ+ rights when compared with jurisdictions in the Western world. Homosexuality — in terms of private, adult, non-commercial and consensual relations — was decriminalised in 1991 yet there have been no significant legislative changes to support or recognise same-sex relationships since then.

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Top Court in Malaysia Stands Firm in Support of Secular Law

In a bold, unanimous judgment in Pengarah Jabatan Agama Islam Perak vs. Indira Gandhi Mutho, the Federal Court of Malaysia (the country’s highest court) categorically affirmed Malaysia’s secular foundations and aligned its constitutional jurisprudence with that of other common-law countries such as Canada, Australia and the United Kingdom. The decision arose from a custody battle

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Ally Law Member Firm Prevails In Appeal Of Article 50 Brexit Challenge

David Greene, Senior Partner at Ally Law member firm Edwin Coe, is the solicitor for plaintiff Deir Tozetti Dos Santos in the Article 50 Brexit challenge. For background, see Global Matters’ earlier blog on the case: Ally Law Member Firm Wins Article 50 Brexit Challenges.  Today Greene announced his client’s victory in the United Kingdom’s

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Child Abduction: “Habitual Residence” Under The Hague Convention

When a child is removed from or retained in a country that is not a child’s habitual residence a parent can seek to have the child returned to their habitual residence country under the Hague Convention on the Civil Aspects of International Child Abduction. However, not every country recognizes the Hague Convention and thus determining

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What If My Customer Harasses My Employee?

Most United States employers understand that Title VII of the Civil Rights Act of 1964 requires an employer to provide a workplace free of unlawful harassment and discrimination. Countries other than the U.S. have laws prohibiting workplace sexual discrimination and harassment. For instance, the Czech Republic prohibits undesirable behavior of a sexual nature at the

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Ally Law Member Firm Wins Article 50 Brexit Challenge

David Greene, Head of Group Action Litigation in Ally Law Member Firm Edwin Coe, LLP, represented winning Claimant Dier Dos Santos in the high profile case of Santos and Miller v Secretary of State for Exiting the European Union (known as the “Article 50 challenges”). Court hearings began in October and concluded last week with

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When Is Sexual Orientation Discrimination Illegal?

In the United States, Title VII of the 1964 Civil Rights Act prohibits discrimination in employment on the basis of race, color, religion, sex and national origin. Title VII, which applies to all employers with 15 or more employees, is one of several major U.S. employment statutes that is enforced by the Equal Employment Opportunity Commission

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Do You Own The IP Rights To Your Tattoo?

It seems that wherever you look today you will see a tattooed body part. A recent survey revealed more than one in ten Americans admitted to having one. See ABC7News Article. 40 percent of adults aged 26-40 say they have one. Id. According to Ally Law member firm Phillips Nizer, “When something becomes as obviously popular

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