Court : US Supreme Court
Arizona v. Inter Tribal Council of Ariz., Inc. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus ARIZONA etal. v. INTER TRIBAL COUNCIL OF ARIZONA, INC., etal. certiorari to the united states court of appeals for the ninth circuit No. 1271.Argued March 18, 2013Decided June 17, 2013 The National Voter Registration Act of 1993 (NVRA) requires States to accept and use a uniform federal form to register voters for federal elections. 42 U.S.C. 1973gg4(a)(1). That Federal Form, developed by the federal Election Assistance Commission (EAC), requires only that an applicant aver, under penalty of perjury, that he is a citizen. Arizona l...
Tag this Judgment!Court : US Supreme Court
Maryland v. King NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus MARYLAND v. KING certiorari to the court of appeals of maryland No. 12207.Argued February 26, 2013Decided June 3, 2013 After his 2009 arrest on first- and second-degree assault charges, respondent King was processed through a Wicomico County, Maryland, facility, where booking personnel used a cheek swab to take a DNA sample pursuant to the Maryland DNA Collection Act (Act). The swab was matched to an unsolved 2003 rape, and King was charged with that crime. He moved to suppress the DNA match, arguing that the Act violated the Fourth Amendment, but the Circuit ...
Tag this Judgment!Court : US Supreme Court
Arlington v. Fed. Commc'n Comm'n NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus CITY OF ARLINGTON, TEXAS, etal. v. FEDERAL COMMUNICATIONS COMMISSION etal. certiorari to the united states court of appeals for the fifth circuit No. 111545.Argued January 16, 2013Decided May 20, 2013[ 1 ] The Communications Act of 1934, as amended, requires state or local governments to act on siting applications for wireless facilities within a reasonable period of time after the request is duly filed. 47 U.S.C. 332(c)(7)(B)(ii). Relying on its broad authority to implement the Communications Act, see 47 U.S.C. 201(b), the Federal Communicati...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553
Aftab Alam, J.1. The appellant, Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid (hereinafter referred to as ‘the appellant’ or as ‘Kasab’), who is a Pakistani national, has earned for himself five death penalties and an equal number of life terms in prison for committing multiple crimes of a horrendous kind in this country. Some of the major charges against him were: conspiracy to wage war against the Government of India; collecting arms with the intention of waging war against the Government of India; waging and abetting the waging of war against the Government of India; commission of terrorist acts; criminal conspiracy to commit murder; criminal conspiracy, common intention and abetment to commit murder; committing murder of a number of persons; attempt to murder with common intention; criminal conspiracy and abetment; abduction for murder; robbery/dacoity with an attempt to cause death or grievous hurt; and causing explosions punishable under the Explosive S...
Tag this Judgment!Court : US Supreme Court
Nat'l Fed'n of Indep. Bus. v. Sebelius NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus NATIONAL FEDERATION OF INDEPENDENT BUSINESS etal. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, etal. certiorari to the united states court of appeals for the eleventh circuit No. 11393.Argued March 26, 27, 28, 2012Decided June 28, 2012[ 1 ] In 2010, Congress enacted the Patient Protection and Affordable Care Act in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision is the individual mandate, which requires most Americans to maintain minimum essential healt...
Tag this Judgment!Court : US Supreme Court
Arizona v. United States NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus ARIZONA etal. v. UNITED STATES certiorari to the united states court of appeals for the ninth circuit No. 11182.Argued April 25, 2012Decided June 25, 2012 An Arizona statute known as S.B. 1070 was enacted in 2010 to address pressing issues related to the large number of unlawful aliens in the State. The United States sought to enjoin the law as preempted. The District Court issued a preliminary injunction preventing four of its provisions from taking effect. Section 3 makes failure to comply with federal alien-registration requirements a state misdemean...
Tag this Judgment!Court : UK Supreme Court
Introduction 1. This judgment deals with the first, and major, limb of this appeal. At the end I shall explain the position in relation to the second limb. 2. On 2 June 2006 the appellant ("TNL") published an article ("the Article") which defamed the respondent, ("Sergeant Flood"), who is a Detective Sergeant in the Extradition Unit of the Metropolitan Police Service ("MPS"). The Article stated that allegations had been made against Sergeant Flood that had led Scotland Yard to investigate whether he was guilty of corruption. The police investigation subsequently ended with a finding that there was no evidence that Sergeant Flood had acted corruptly and the trial judge, Tugendhat J accepted Sergeant Flood's evidence that he was not guilty of corruption. That finding has not been challenged. The issue before the Court is whether TNL are protected from liability to Sergeant Flood in defamation under the doctrine known as Reynolds privilege. Put shortly Reynolds privilege protects publicat...
Tag this Judgment!Court : US Supreme Court
Kurns, et al. v. Railroad Friction Products Corp., et al. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus KURNS, executrix of the ESTATE OF CORSON, DECEASED, etal. v. RAILROAD FRICTION PRODUCTS CORP. etal. certiorari to the united states court of appeals for the third circuit No. 10879.Argued November 9, 2011Decided February 29, 2012 George Corson worked as a welder and machinist for a railroad carrier. After retirement, Corson was diagnosed with mesothelioma. He and his wife, a petitioner here, sued respondents Railroad Friction Products Corporation and Viad Corp in state court, claiming injury from Corsons exposure to asbe...
Tag this Judgment!Court : UK Supreme Court
LORD HOPE The appellants are insurance companies, whose business includes the writing of employers' liability insurance policies. They undertake to indemnify the employer in respect of any liability incurred by it for harm or injury arising out of the employer's negligence. They have brought these proceedings to challenge the lawfulness of an Act of the Scottish Parliament which was passed on 11 March 2009, received the Royal Assent on 17 April 2009 and came into force on 17 June 2009. It is the Damages (Asbestos-related Conditions) (Scotland) Act 2009 ("the 2009 Act") which provides that asymptomatic pleural plaques, pleural thickening and asbestosis shall constitute, and shall be treated as always having constituted, actionable harm for the purposes of an action of damages for personal injury.It is no secret that the purpose of the 2009 Act was to reverse the decision of the House of Lords in Rothwell v Chemical and Insulating Co Ltd [2007] UKHL 39, [2008] AC 281 ("Rothwell"). In tha...
Tag this Judgment!Court : UK Supreme Court
LORD DYSON Introduction These two cases raise a number of important issues in relation to the detention pending deportation of foreign national prisoners ("FNPs") following the completion of their sentences of imprisonment. Section 3(5)(a) of the Immigration Act 1971 ("the 1971 Act") provides that a person who is not a British citizen is liable to deportation from the United Kingdom if the Secretary of State "deems his deportation to be conducive to the public good". Schedule 3 to the 1971 Act provides in certain specified circumstances for the detention of such a person pending his deportation. Walumba Lumba is a citizen of the Democratic Republic of Congo ("DRC") who entered the UK on 10 April 1994. He was convicted of a number of offences culminating in an offence of wounding with intent for which he was sentenced to 4 years' imprisonment on 12 January 2004. On 3 April 2006, the Secretary of State informed Mr Lumba of his intention to deport him under section 3(5)(a) of the 1971 A...
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