Court : US Supreme Court
..... d] crude oil must be approved by concurrent resolution) (action by secretary of commerce to prohibit or curtail export of agricultural commodities may be disapproved by concurrent resolution)." "26. energy security act, pub.l. no. 96-294, 104 (b)(3), 104(e), 126(d)(2), 126(d)(3), 128, 129, 132(a)(3), 133 (a)(3), 137(b ..... 33 u.s.c. 1602(d) [(1976 ed., supp. v)] (presidential proclamation of international regulations for preventing collisions at sea may be disapproved by concurrent resolution)." "10. international security assistance act of 1977, pub.l. no. 95-92, 16, 91 stat. 614, 622, 22 u.s.c. 2753(d)(2) (president's proposed transfer of arms to a ..... to statutory authority and . . . implement the statute, as, for example, the proxy rules issued by the securities and exchange commission. . . . such rules have the force and effect of law.' u.s. dept. of justice, attorney general's manual on the administrative procedure act 30, n. 3 (1947)." batterton v. francis, 432 u.s. at 432 u. s. 425 , .....
Tag this Judgment!Court : US Supreme Court
..... equally circumspect. not surprisingly, therefore -- and in stark contrast to petitioners' "limited inroads" theory -- congressional opponents of the taft-hartley act's union security provisions understood the act to provide only the most grudging authorization of such agreements, permitting "union-shop agreement[s] only under limited and administratively burdensome conditions." s. ..... the near identity of the provisions insofar as they confer on unions and employers authority to enter into union security agreements, nor does it in any way undermine the force of senator taft's comparison with respect to this authority. indeed, taft himself explained that he initially "objected ..... on interstate and foreign commerce, 81st cong., 2d sess., 253 (1950). in street, we concluded "that 2, eleventh contemplated compulsory unionism to force employees to share the costs of negotiating and administering collective agreements, and the costs of the adjustment and settlement of disputes," but that congress .....
Tag this Judgment!Court : US Supreme Court
..... the continental group inc., 859 f.2d 1108 (ca2 1988) (discriminatory interference with right to benefits, in violation of 510 of the employee retirement income security act of 1974, 29 u.s.c. 1140); loeb v. textron, inc., 600 f.2d 1003 (ca1 1979) (violation of the age discrimination in employment ..... statute or simply to existing practices. it also covers wholly private efforts to impede access to the courts or obstruct nonjudicial methods of adjudicating disputes about the force of binding obligations, as well as discrimination by private entities, such as labor unions, in enforcing the terms of a contract. following this principle and ..... party advocating the abandonment of an established precedent is greater where the court is asked to overrule a point of statutory construction. considerations of stare decisis have special force in the area of statutory interpretation, for here, unlike in the context of constitutional interpretation, the legislative power is implicated, page 491 u. s. 173 .....
Tag this Judgment!Court : US Supreme Court
..... entities the text of 1915, in this case the requirement that the person seeking in forma pauperis status be "unable to pay" costs, fees, and security. as the dissent is willing to affirm without itself addressing these problems, it is apparently confident that workable, uncontroversial solutions can be drawn from the statute. ..... pauperis, authorizes federal courts to favor any "person" meeting its criteria with a series of benefits including dispensation from the obligation to prepay fees, costs, or security for bringing, defending, or appealing a lawsuit. here, we are asked to decide whether the term "person" as so used applies to the artificial entities listed ..... congressional acts." ante, at 199. the court then goes on to say that the word "indicates" has a broader scope than the word "context"; that it "imposes less of a burden than, say, 'requires' or 'necessitates'''; and that "a contrary 'indication' may raise a specter short of inanity, and with something less than syllogistic force." .....
Tag this Judgment!Court : US Supreme Court
..... one that embraced failures to provide reasonable accommodations, id ., at 601. the court today is similarly faithful to the act s demand for reasonable accommodation to secure access and avoid exclusion. legislation calling upon all government actors to respect the dignity of individuals with disabilities is entirely compatible ..... before a house subcommittee regarding the physical inaccessibility of local courthouses, ante , at 16; and (3) evidence submitted to congress designated ada task force that purportedly contains numerous examples of the exclusion of persons with disabilities from state judicial services and programs. ibid. on closer examination, however, the ..... unusable by such persons. congress also heard testimony from those persons describing the physical inaccessibility of local courthouses. and its appointed task force heard numerous examples of their exclusion from state judicial services and programs, including failure to make courtrooms accessible to witnesses with physical .....
Tag this Judgment!Court : US Supreme Court
..... indeed, customs and tax agents are in the regular business of seizing and forfeiting property, as are law enforcement agents acting in the capacity of revenue enforcement. see dept. of homeland security, u. s. customs and border protection and u. s. immigration and customs enforcement, mid-year fy 2007 top ipr commodities seized (may 2007), ..... 471 f. 3d 144, 147 149 (cadc 2006) (fbi involved in search of financial documents at border); united states v. boumelhem , 339 f. 3d 414, 424 (ca6 2003) ( fbi had been cooperating with customs as a part of a joint task force ); formula one motors , ltd. v. united states , 777 f. 2d 822, 824 (ca2 ..... merchandise, or property. [d]etention is defined by legal and nonlegal dictionaries alike as a compulsory, forced, or punitive containment. black s law dictionary 459 (7th ed. 1999) (compulsory); american heritage dictionary 494 (4th ed. 2000) (forced or punitive). the issue whether petitioner s property was detained within the meaning of the statute was .....
Tag this Judgment!Court : UK Supreme Court
..... reside in the midlands but, on 2 july 2009, she had actually revoked the control order having in the meantime decided once again that ap should be deported on national security grounds and until then detained under immigration powers. in fact, since 20 july 2009, ap has been on bail pending deportation on conditions, including residence in the midlands, ..... a control order, only about its terms. on 12 august 2008 keith j allowed ap's appeal against the modification and, pursuant to section 10(7)(b) of the 2005 act, quashed the obligation to live in the midlands [2008] ewhc 2001 (admin). on 15 july 2009 the court of appeal (wall and maurice kay ljj, carnwath lj dissenting ..... what does article 5 of the european convention on human rights mean by deprivation of liberty in the context of control orders made under the prevention of terrorism act 2005 (the 2005 act)? this was the central question before the house of lords in secretary of state for the home department v jj [2008] 1 ac 385 and, by a .....
Tag this Judgment!Court : US Supreme Court
..... cases pending in state tribunals. in legislating on this subject, congress, in the true spirit of the constitution, have proposed to secure to everyone the full benefit of the constitution without forcing any one necessarily into the courts of the united states. with this view, in one class of cases, they have not ..... on the one hand, the general government must cease to exist whenever it loses the power of protecting itself in the exercise of its constitutional powers. force, which acts upon the physical powers of man, or judicial process, which addresses itself to his moral principles or his fears, are the only means to which ..... where, previous to the constitution, state tribunals possessed jurisdiction independent of national authority that they can now constitutionally exercise a concurrent jurisdiction. congress, throughout the judicial act, and particularly in the 9th, 11th, and 13th sections, have legislated upon the supposition that, in all the cases to which the judicial powers of the .....
Tag this Judgment!Court : US Supreme Court
..... of repose. it is a wise and beneficial law, not designed merely to raise a presumption of payment of a just debt from lapse of time, but to afford security against stale demands after the true state of the transaction may have been forgotten or be incapable of explanation by reason of the death or removal of witnesses. it has ..... of repose. it is a wise and beneficial law, not designed merely to raise a presumption of payment of a just debt from lapse of time, but to afford security against stale demands after the true state of the transaction may have been forgotten or be incapable of explanation by reason of the death or removal of witnesses. an exposition ..... extinct and gone; that there has been a period in which it had lost its legal use and validity. the act which revives it is what essentially constitutes its new being and is inseparable from it. it stands not by its original force, but by the new promise, which imparts vitality to it. proof of the latter is indispensable to raise the .....
Tag this Judgment!Court : US Supreme Court
..... the louisiana treaty, there is no stipulation by the united states for the confirmation of grants of any description previously made by france or spain, or any other security promised for private property, than the terms of the cession by the second article imply, by ceding "vacant lands, . . . which are not private property ..... once disputed territory has been peaceably held by the united states according to the terms of its stipulations, and not by the mere force of the louisiana treaty or "the acts of sovereign power" exercised by the united states previous to the ratification. the political departments of the government have uniformly recognized its application ..... of their liberty, property, and religion. at the same time, congress resolved under certain contingencies, on the "temporary occupation of the territory adjoining the south border of the united states, they at the same time declare that the said territory shall in their hands remain subject to future negotiation." 6 laws 592-593 .....
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