Court : US Supreme Court
..... discretion can be exercised was sufficient to render the changed guidelines an ex post facto law. id., at 435. miller thus establishes that applying amended sentencing guidelines that increase a defendant s recommended sentence can violate the ex post facto clause, notwithstanding the fact that sentencing courts possess discretion ..... certain fraud crimes other than bank fraud. ussg app. c, amdt. 653 (reason for amendment) (effective nov. 1, 2003) (quoting white-collar crime penalty enhancement act of 2002, 905(b)(2), 116stat. 805). this produced amended guidelines, which were based on the commission s further assessment of economic crime issues over a ..... number of years. ussg app. c, amdt. 617 (reason for amendment) (effective nov. 1, 2001). with an amended guidelines sentencing range, the .....
Tag this Judgment!Court : UK Supreme Court
..... also suggested that the united kingdom had regarded the scope of the directive as extending to certain voluntary activities, by virtue of the amendments which were made by the disability discrimination act 1995 (amendment) regulations 2003 introduced under the european communities act 1972 to cover office-holders generally and practical training. the latter (practical training) is however explained (as the government's explanatory notes ..... ". 10. accordingly, since the appellant did not have a contract, she does not on the face of it fall within the scope of the 1995 act. in 2003 the disability discrimination act 1995 (amendment) regulations 2003 (si 2003/1673) were made under section 2 of the european communities act 1972, to give effect to the framework directive by adding various sections to the 1995 .....
Tag this Judgment!Court : UK Supreme Court
..... an injury, but not in any presently relevant context. further, any reference to "sustaining" disappeared from the workmen's compensation scheme in the 1906 act, which amended the scheme to require a notice stating "the cause of the injury and the date at which the accident happened". 30. the 1906 wca ..... causation, rather than the mere experiencing or manifestation, of disease. 33. the wca scheme was the subject of further amendment by the 1925 act. section 43 superseded section 8 of the 1906 act as regards scheduled diseases, while section 47 made specific provision for the introduction of a parallel scheme covering silicosis. ..... they produced no adverse physical effects. the scottish parliament responded to this decision by introducing the damages (asbestos-related conditions) (scotland) act 2009 ("the scottish act"). that act provides by section 1 that asbestos-related pleural plaques constitute a personal injury which is not negligible and that accordingly they constitute actionable harm .....
Tag this Judgment!Court : UK Supreme Court
..... to copyright in the original model. he accepted that the model was a work of sculpture, but it was not automatically exempt from registration under the 1907 act as amended, and it did not come within the exception in section 22(1) because (p 647) "the whole point in the preparation of this model was to ..... be formed. the lords decided that the intention must have been there from the start. 24. the patents and designs act 1919 amended the 1907 act by substituting for the definition in section 93 of the 1907 act a new definition of "design" which referred to features applied "by any industrial process" and did not make an express ..... the law as to registered designs was amended by the copyright of designs act 1850, was further amended and consolidated by part iii of the patents, designs and trade marks act 1883 ("the 1883 act") and finally (as regards legislation before the 1911 act) was further amended by the patents and designs act 1907 ("the 1907 act"). most of the detail of this history .....
Tag this Judgment!Court : UK Supreme Court
..... in parentheses in section 31(4), but they give no support to the court of appeal's surprising conclusion that, in the absence of an express amendment to the 1978 act, section 31 does not affect the law of immunity, and therefore has no discernible purpose. issue 3: submission 120.as late as 1957 delaume, jurisdiction ..... and thereby made such proceedings subject to the rules of court governing service out of the jurisdiction. these rules were significantly amended in consequence of the passing of the 1982 act by rules of the supreme court (amendment no 2) 1983 (si 1983/1181). in particular the following new provision was introduced into rsc, ord 11, r ..... effect to the convention. the original bill followed closely the structure of the ecsi. its scope was, however, significantly enlarged by amendment. the ecsi only applies as between contracting states. the 1978 act was expanded so as to apply to all states. the ecsi does not give effect to the restrictive doctrine of sovereign immunity. .....
Tag this Judgment!Court : UK Supreme Court
..... that the pipes in this case were not for the 'conveyance of substances' and that this can be seen from section 57 of the 1962 act, which amended section 3(2)(b) of the 1923 act. in its unamended form section 3(2)(b) provided that 'ancillary rights' included "(b) [a] right of underground wayleave, or other right ..... be taken into account when assessing compensation. potentiality should be valued even if the only likely purchaser is the acquiring authority itself. that was decided in the indian case. but market value does not include enhanced value attributable solely to the particular use proposed to be made of the land under a scheme of which ..... obtained to purchase it." now it is perfectly true to say that subsequently, in raja vyricherla narayana gajapatiraju v revenue divisional officer, vizagapatam [1939] ac 302 (the indian case) the privy council preferred the view expressed in the lucas case by vaughan williams lj (p28), namely that in assessing the award for the land the umpire .....
Tag this Judgment!Court : US Supreme Court
..... the averments of the petition on which the case went to trial. on the third day of the trial, by leave of the court, the defendants filed an amendment to their answer in the following language: "second defense. these defendants, protesting that the contract dated june 23, 1881, described in the petition, was not made ..... :" "1. 14' x 24' engine, and all necessary trimmings for grinding bark." "2. 14' x 28' engine and all necessary trimmings for propelling boat." "3. 3 boilers, 42' x 26', and all necessary trimmings for propelling boat." "3 bark mills, and all necessary trimmings and gearing;" "1 bark elevator; 2 elevators with platforms, for raising ..... in this controversy, so affect the contract as to convert it into one of partnership, because that is a question between the corporation and its officers assuming to act for it. wherefore, if you find that notwithstanding this want of authority, the defendants assumed, in their corporate capacity, to contract with the plaintiff, and notified .....
Tag this Judgment!Court : US Supreme Court
..... constitution had not contained a specific prohibition of trials for crime otherwise than by a jury, the requirement of due process of law in the fifth amendment would have stood in the way of any act of congress authorizing criminal trials in the page 176 u. s. 614 federal courts in any mode except by a common law jury. when, ..... was not a privilege or immunity belonging to a person as a citizen of the united states, and protected, therefore, by the fourteenth amendment. the action was tried without a jury by virtue of an act of the legislature of the state of louisiana. the plaintiff in error objected to such a trial, alleging that he had a constitutional right ..... therefore, the fourteenth amendment forbade the deprivation by any state of life, liberty or property without use process of law, the intention was to prevent any state .....
Tag this Judgment!Court : US Supreme Court
..... a written waiver of a jury by a defendant in an action brought by the united states to recover a penalty of fifty dollars under 11 of the act of 1886 as amended by the act of may 9, 1902, is not in conflict with the laws and constitution of the united states, and does not invalidate the judgment. mccray v. ..... the defendant in each case moved the court to render a verdict and judgment of not guilty, and that he be discharged upon the ground that the above act of congress, as amended, was in contravention of the constitution of the united states in that it deprived the defendant and the oleomargarine manufacturers and dealers in the united states of their ..... butter, also imposing a tax upon and regulating the manufacture, sale, importation, and exportation of oleomargarine," supplemented by the act of october 1, 1890, and amended by the act of may 9, 1902. 24 stat. 209, c. 840; 26 stat. 621, c. 1244, 41, 32 stat. 193, c. 784. the informations against schick and broadwell were substantially .....
Tag this Judgment!Court : US Supreme Court
..... assail the constitutionality of the legislation in question. the newburyport water company, appellant, is a massachusetts corporation created by special act on april 23, 1880, which act was subject to alteration, amendment, or repeal at the pleasure of the legislature. as authorized by its charter, the water company established a water supply ..... the constitutional question, to-wit, whether or not the plaintiff has been deprived of its property without due process of law, in violation of the fourteenth amendment of the constitution of the united states, be first heard, and that all questions as to plaintiff's relief, if any (including questions of valuation ..... newburyport in writing that it desires to sell to said city all the rights, privileges, easements, lands, waters, water rights, dams, reservoirs, pipes, engines, boilers, machinery, fixtures, hydrants, tools, and all apparatus and appliances owned by said company and used in supplying said city and the inhabitants thereof with water, .....
Tag this Judgment!