Court : US Supreme Court
..... court had not directly addressed the issue, the court certified to the florida supreme court the question whether, absent exigent circumstances, the warrantless seizure of an automobile under the act violated the fourth amendment. id., at 555. in a divided opinion, the florida supreme court answered the certified question in the affirmative, quashed the first district court of appeal's opinion, and ..... a brief for the n ational association of criminal defense lawyers as amicus curiae urging affirmance. 1 that act provides, in relevant part: "any contraband article, vessel, motor vehicle, aircraft, other personal property, or real property used in violation of any provision of the florida contraband forfeiture act, or in, upon, or by means of which any violation of the florida contraband forfeiture .....
Tag this Judgment!Court : US Supreme Court
..... see zurcher v. stanford daily, 436 u. s. 547 , 577580 (1978) (stevens, j., dissenting). the decision by congress in 1978 to amend the comprehensive drug abuse prevention and control act of 1970, 84 stat. 1236, to authorize the seizure and forfeiture of proceeds of illegal drug transactions, see 92 stat. 3777, also marked an ..... . "(3) all property which is used, or intended for use, as a container for property described in paragraph (1) or (2). "(4) all conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment ..... ) (codifying the relation-back principle for criminal forfeiture). indeed, if the court finds that the transferee has a valid claim under the statute, it must "amend the order of forfeiture." 853(n)(6). the owner/transferee distinction is found in other provisions throughout the united states code, and the traditional relation-back doctrine .....
Tag this Judgment!Court : US Supreme Court
..... v. american trucking assns., 310 u. s. 534 . [ footnote 21 ] see note 18 supra. [ footnote 22 ] "section 1. (a) the congress hereby finds that the fair labor standards act of 1938, as amended, has been interpreted judicially in disregard of long established customs, practices, and contracts between employers and employees, thereby creating wholly unexpected liabilities, immense in amount and retroactive in operation ..... (b), limitations on the number of serviceable aircraft, 3, and restrictions as to civil service employees ( 4(a)). no suggestion was made of a suspension of part or all of the fair labor standards act, nor was anything authorized that would violate that act. the single reference made in the 1940 act to the walsh-healey act was to insure the applicability of the latter .....
Tag this Judgment!Court : UK Supreme Court
..... shall accordingly as respects the united kingdom have the same rights and remedies, subject to the same conditions, as the proprietor of a patent under this act." section 77(2)-(4a) deal with the revocation or amendment of a european patent by the epo ("epo"): "77 effect of european patent (uk) ... (2) subsection (1) above shall not affect ..... a "seating system and passenger accommodation unit for a vehicle", granted to virgin and published on 30 may 2007. the seat, which was designed in about 2005, reclines to provide a flat bed. it is commonly used in long-haul aircraft. zodiac seats uk ltd (as it is now called) manufactures a seating unit called the "solar eclipse" ..... in the united kingdom. it has been supplied to a number of international airlines. on 30 july 2007, two months after the grant of the patent, virgin began proceedings .....
Tag this Judgment!Court : UK Supreme Court
..... the applicability of the powers of the institutions referred to in that paragraph as set out in the treaties with respect to the amended act for those member states to which that amended act shall apply. 3. in any case, the transitional measure mentioned in paragraph 1 shall cease to have effect five years after the ..... and de burca, eu law: text, cases and materials, 5th ed (2011), p 203). 175. in dabas v high court of justice in madrid, spain [2007] ukhl 6, [2007] 2 ac 31and caldarelli v judge for preliminary investigations of the court of naples, italy [2008] ukhl 51, [2008] 1 wlr 1724, it was assumed without ..... materials, - trafficking in stolen vehicles, - rape, - arson, - crimes within the jurisdiction of the international criminal court, - unlawful seizure of aircraft/ships, - sabotage. 3. the council may decide at any time, acting unanimously after consultation of the european parliament under the conditions laid down in article 39(1) of the treaty on european union (teu), to add .....
Tag this Judgment!Court : UK Supreme Court
..... it thus reinforces the principle that i have identified at paras 58 to 61 above. the same point applies to the insertion of section 2(2a) by the fisheries act 1981 (amendment) regulations 1989. it is for these reasons that i agree with the conclusions of lord mance in relation to the first issue. i have nothing to add to ..... the word "landed". but i can understand the draftsman making this clear, while at the same time assuming that there was no doubt about importations by cross-channel ferry or aircraft constituting "landing" in the united kingdom. secondly, the channel tunnel was in 1994 the first "land" link to the rest of the continent. one can understand that ..... judgment in the court of appeal started with the provisional view that the "normal" meaning did not cover the arrival of fish or fish product on a ferry or aircraft from another country, and that it would be "highly artificial" to extend it to their importation by road or rail as might occur between eire and northern ireland. .....
Tag this Judgment!Court : US Supreme Court
..... the indictment in this case. that the relation between the language of the "aircraft piracy" amendment and the above definition was not overlooked by the drafters is indicated by the different phraseology used in a contemporaneous amendment concerning concealed weapons. section 902(l) of the amended act, 75 stat. 466, 49 u.s.c. (supp. iv) 1472(l ..... ), makes it a crime to carry such a weapon "while aboard an aircraft being operated by an air carrier in air transportation." thus, ..... the indictment charged appellees with having violated 18 u.s.c. 1201, [ footnote 1 ] the federal kidnaping act. under court 2, appellees were charged with the commission of "aircraft piracy" in contravention of a 1961 amendment to 902 of the federal aviation act of 1958, 75 stat. 466, 49 u.s.c. (supp. iv) 1472(i). [ footnote .....
Tag this Judgment!Court : US Supreme Court
..... local resident can be made to pay taxes to support his community, he cannot be required to pay a fee for making a speech or exercising any other first amendment right. like prohibitions obtain when licensing is exacted for exercising constitutional rights. lovell v. griffin, 303 u. s. 444 , 303 u. s. 451 -452 ..... challenged the constitutionality of the charge as to scheduled commercial flights on the grounds of repugnancy to the commerce clause, the equal protection clause of the fourteenth amendment, and the provisions of the federal constitution protecting the right to travel. the superior court, without decision, transferred the action to the new hampshire supreme ..... 1959, and, as to these airlines, eliminated the provisions terminating the fee upon repayment of the 1957 bond issue. the act also imposed the 50 service charge for boarding of small aircraft (under 12,500 pounds) operated by scheduled airlines, but retained the small-plane exemption for nonscheduled airlines. chapter 140 of .....
Tag this Judgment!Court : US Supreme Court
..... the sale of military or naval supplies were contained in the vinson-trammel act of march 27, 1934, as amended (relating to naval vessels) and the merchant marine act of 1936, as amended (relating to construction of merchant ships). the act of april 3, 1939 extended percentage profit limitation to cover army aircraft contracts. the percentage of profit allowed to contractors was lowered to approximately 8 ..... % by the act of june 28, 1940, but the second supplemental national defense appropriation act, 1941, enacted september 9, 1940, provided .....
Tag this Judgment!Court : US Supreme Court
..... on this issue and in not specifically claiming protection under the due process clause of the fourteenth amendment, appellant names the wrong constitutional clause to support its position. while the question of whether a commodity en route to market is sufficiently settled in ..... does it challenge the reasonableness of the apportionment prescribed by the statute. [ footnote 16 ] the argument upon which appellant depends ultimately, however, is that its aircraft never "attained a taxable situs within nebraska," from which it argues that the nebraska tax imposes a burden on interstate commerce. in relying upon the commerce clause ..... grant. [ footnote 11 ] the page 347 u. s. 596 recommendation of the national conference of commissioners on uniform state laws to the states to enact this act was withdrawn in 1943. [ footnote 12 ] where adopted, however, it continues in effect. see united states v. praylou, 208 f.2d 291. recognizing this .....
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