Court : US Supreme Court
..... the jury's verdict. petitioner is therefore not entitled to habeas relief, and the judgment of the court of appeals is affirmed. justice stevens, concurring. the fourteenth amendment prohibits the deprivation of liberty "without due process of law"; that guarantee is the source of the federal right to challenge state criminal convictions that result from fundamentally ..... that happened. and one must judge others' reactions not by his own, but with allowance for how others might react and not be regarded generally as acting without reason. this is the important difference, but one easy to ignore when the sense of guilt comes strongly from the record." id., at 764 (citations ..... neither the attorney general's suggestion nor the proposed bill itself was ever enacted into law. as a general matter, we are "reluctant to draw inferences from congress' failure to act." schneidewind v. anr pipeline co., 485 u. s. 293 , 306 (1988) (citing american trucking assns., inc. v. atchison, t. & s. f. r. co., .....
Tag this Judgment!Court : US Supreme Court
..... -finding function" in requiring a blanket exclusionary remedy for all violations, id., at 907, and the relative ineffectiveness of such remedy to deter future fourth amendment violations in particular cases, id., at 918-921. no similar collateral consequence arises from rectifying an appointments clause violation, and correcting appointments clause violations in ..... therefore void. neither buckley nor connor explicitly relied on the de facto officer doctrine, though the result reached in each case validated the past acts of public officials. but in buckley, the constitutional challenge raised by the plaintiffs was decided in their favor, and the declaratory and injunctive relief ..... the general counsel of the department of transportation. the court granted rehearing and rejected this challenge. 34 m. j. 1259 (1992). ithe national defense authorization act for fiscal year 1995, pub. l. 103-337, 924, 108 stat. 2831, changed the nomenclature for the military appellate courts. the previous "court[s .....
Tag this Judgment!Court : US Supreme Court
..... as criminal proceedings or criminal cases. indeed, elsewhere in the bill of rights we find just such an alternative formulation: in contrast to the sixth amendment, the fifth amendment refers to criminal case[s]. u. s. const., amdt. 5 ( no person shall be compelled in any criminal case to be a witness against ..... procedural criminal law. it is this point, therefore, that marks the commencement of the criminal prosecutions to which alone the explicit guarantees of the sixth amendment are applicable. 406 u. s., at 689 690 (plurality opinion). none of these defining characteristics of a criminal prosecution applies to petitioner s initial ..... arresting a person suspected of crime, and for a brief period of detention to take the administrative steps incident to arrest[,] . [but] the fourth amendment requires a judicial determination of probable cause as a prerequisite to extended restraint of liberty following arrest ). footnote 4 because respondent gillespie county obtained summary judgment .....
Tag this Judgment!Court : US Supreme Court
..... in 2006, congress extended 5 for yet another 25 years. fannie lou hamer, rosa parks, and coretta scott king voting rights act reauthorization and amendments act of 2006, 120 stat. 577. the 2006 act retained 1972 as the last baseline year for triggering coverage under 5. it is that latest extension that is now before us. ..... subdivision as a separate unit. voting rights act amendments of 1982, 96 stat. 131, codified at 42 u. s. c. 1973b(a)(1) (emphasis added). in other words, congress decided that a ..... in 1982, however, congress expressly repudiated city of rome and instead embraced piecemeal bailout. as part of an overhaul of the bailout provision, congress amended the voting rights act to expressly provide that bailout was also available to political subdivisions in a covered state, though [coverage] determinations were not made with respect to such .....
Tag this Judgment!Court : US Supreme Court
..... . argued february 23, 2011 decided june 23, 2011 in order to reduce unwarranted federal sentencing disparities, the sentencing reform act of 1984 authorizes the united states sentencing commission to create, and to retroactively amend, sentencing guidelines to inform judicial discretion. title 18 u. s. c. 3582(c)(2) permits a defendant who ..... inform judicial discretion in order to reduce unwarranted disparities in federal sentencing. the act allows retro-active amendments to the guidelines for cases where the guidelines become a cause of inequality, not a bulwark against it. when a retroactive guideline amendment is adopted, 3582(c)(2) permits defendants sentenced based on a sentencing ..... crime and the sentencing ranges of analogous offenses, and inconsistent with the act s purposes. the crack-cocaine range here is a prime example of an unwarranted disparity that 3582(c)(2) is designed to cure. the commission amended the crack-cocaine guidelines to effect a partial remedy for the urgent and .....
Tag this Judgment!Court : US Supreme Court
..... as an old-age pension program, then expanded to include sur-vivor benefits in 1939 and disability benefits in 1956. see social security act, ch. 531, 625; social security act amendments of 1939, 1365; social security amendments of 1956, ch. 836, 103, 816. 24 the joint dissenters, for their part, would make this the entire inquiry. [i ..... of . . . severability, c. nelson, statutory interpretation 144 (2010), it has not always done so, see, e.g., minnesota v. mille lacs band of chippewa indians, 526 u. s. 172 195 (1999). an automatic or too cursory severance of statutory provisions risks rewrit[ing] a statute and giv[ing] it an effect altogether different ..... a general federal authority akin to the police power. the constitution authorizes congress to regulate commerce with foreign nations, and among the several states, and with the indian tribes. art. i, 8, cl. 3. our precedents read that to mean that congress may regulate the channels of interstate commerce, persons or things in interstate .....
Tag this Judgment!Court : UK Supreme Court
..... the clearest thing about paragraph 5.16 is the contrast between the "payments due to you under this letter (or under this agreement)" to which (subject to agreed amendments) the employee is entitled, and "all contractual and statutory claims arising out of your employment and its termination ", which he is required to give up. on ordinary ..... rule against injunctions requiring an employee to work has for many years been statutory: see, currently, section 236 of the trade union and labour relations (consolidation) act 1992. this makes it more difficult to justify intervening in a way that forces an employer to employ someone if the law is to maintain the ordinary principle ..... intervened to lay down minimum periods of notice to which the employee is entitled and a lesser period to which the employer is entitled (see now, employment rights act 1996, sections 86 et seq). but the parties are, of course, free to provide expressly in their contracts for longer periods of notice. statute also permits .....
Tag this Judgment!Court : UK Supreme Court
..... council directives regulating the award of public works contracts and the remedies required thereby, notably directive 89/665/eec, as amended by directive 92/50/eec, and directive 93/37/eec, as amended by directive 97/52/ec. first, the nra had failed to notify siac promptly and in good time before contracting ..... the endorsement by the court of advocate general kokott's statement that "only if it is clear beyond doubt from the national legislation that even preparatory acts or interim decisions . start the limitation period running can tenderers and candidates take the necessary precautions to have possible breaches of procurement law reviewed effectively ..... as observed by the advocate general in point 51 of her opinion, only if it is clear beyond doubt from the national legislation that even preparatory acts or interim decisions of contracting authorities at issue in public procurement cases start the limitation period running can tenderers and candidates take the necessary precautions to .....
Tag this Judgment!Court : UK Supreme Court
..... liberties union that a refusal by the constitutional courtto grant them access to an mp's pending complaint as to the constitutionality of certain proposed amendments to the criminal code breached its article 10 right to receive information. the government having accepted that there had been an interference with the ..... that the public interest in maintaining the exemption should "outweigh" the public interest in disclosing the information. 27. among the categories upon which the act confers absolute exemption is information which relates in specified respects to national security (section 23), to court proceedings (section 32) or to personal data ..... the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information." as the subsection foreshadows, part ii of the act provides for the exemption of certain categories of information from disclosure. section 2(3) confers absolute exemption upon various of the categories. the other categories .....
Tag this Judgment!Court : UK Supreme Court
..... the legislative history is not relevant, the factual background at the time of psa 1993 may be. while it was only by the pensions act 1995 ("pa 1995") (amending psa 1993 and other prior legislation and introducing various new provisions) that parliament addressed issues raised by the report of the pension law review committee ..... 2)). the principal regulations are the financial assistance scheme regulations 2005 (si 2005/1986) (as amended). 36. it should also be noted that insured schemes have been comprehensively protected, throughout the whole relevant period, by the policyholders protection act 1975 and regulations made under that statute. 37. part 3 of pa 2004 (scheme funding) ..... is not lightly to be concluded that parliament, when making the amendment, misunderstood the general scheme of the original legislation, with the effect of creating a palpable anomaly (see eg the principle that provisions in a later act in pari materia with an earlier may be used to aid the construction of the .....
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