Court : UK Supreme Court
Decided on : Mar-19-2014
..... some such machinery for the many thousands of mentally incapacitated people who are regularly deprived of their liberty in hospitals, care homes and elsewhere. the mental health act 2007 amended the mental capacity act accordingly. section 6(5) was repealed and replaced with sections 4a and 4b. deprivation of liberty is not permitted under the ..... act save in three circumstances: (i) it is authorised by the court of protection by an order under section 16(2)(a); (ii) it is authorised under the ..... but the authorisation can be challenged in the court of protection under section 21a. 10. there have been far fewer authorisations under schedule a1 than was predicted before the amendments came into force, although the numbers are rising (from 7157 applications in 2009-2010 to 11,887 in 2012-13). there have also been very few cases coming .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-27-2014
..... otherwise eligible for atsa immunity may not be deniedimmunity unless the statement is materially false. in new york times, we held that under the first amendment, a public official cannot recover for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with actual malice that ..... the opinion of the court. in 2001, congress created the transportation security administration (tsa) to assess and manage threats against air travel. aviation and transportation security act (atsa), 49 u. s. c. 44901 et seq. to ensure that thetsa would be informed of potential threats, congress gave airlines and their employees immunity ..... sued for defamation in colorado state court. air wisconsin moved for summary judgment and later for a directed verdict, relying on the aviation and transportation security act (atsa), which grants airlines and their employees immunity against civil liability for reporting suspicious behavior, 49 u. s. c. 44941(a), except where such .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Feb-19-2014
..... v ashwell, there is nothing in the committee's reasoning to suggest that they had in mind ancillary liabilities. 25. the limitation act 1939 was both a consolidating and an amending act. so far as it amended the law, it was intended to give effect to the principal recommendations of the wright committee. it is, however, necessary to be ..... the grounds of knowing receipt of trust assets and/or on the grounds of dishonest assistance in a breach of trust. 52. the 1925 act was, of course, a consolidating statute, with amendments, which formed part of the sweeping property law reforms of that year. it was concerned with the powers and duties of trustees, not with ..... contained provisions which were, for present purposes, to the same effect as the sections of the 1980 act summarised in para 3 above. the 1980 act repealed the 1939 act, and re-enacted almost all its provisions, albeit with many significant amendments, none of which is relevant to the first (or indeed the second) issue on this appeal. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-02-2014
..... .g., arizona free enterprise club s freedom club pac v. bennett, 564 u. s. ___, ___. the federal election campaign act of 1971 (feca), as amended by the bipartisan campaign reform act of 2002 (bcra), imposes two types of limits on campaign contributions. base limits restrict how much money a donor may contribute to ..... the majority, and plainly can include laws that restrict free speech. the whole point of the first amendment is to afford individuals protection against such infringements. the first amendment does not protect the government, even when the government purports to act through legislation reflecting collective speech. cf. united states v. alvarez, 567 u. s. ___ ( ..... in the democratic process. the aggregate limits are therefore invalid under the first amendment. i a for the 2013 2014 election cycle, the base limits in the federal election campaign act of 1971 (feca), as amended by the bipartisan campaign reform act of 2002 (bcra), permit an individual to contribute up to $2,600 per .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-25-2014
..... codified at 26 u. s. c. 1426(a)(4) (1940 ed.)). in 1950, however, congress repealed that exception. social security act amendments, 203(a), 64stat. 525 527. when congress acts to amend a statute, we presume it intends its amendment to have real and sub-stantial effect. stone v. ins, 514 u. s. 386, 397 (1995) . congress has not ..... , definitions of wages and employment identical to those fica now provides. see 811(a), 49stat. 639; 811(b), ibid. with respect to the social security act, in 1936 the treasury department promulgated a regulation stating that the statutory definition of wages included dismissal pay. bureau of internal revenue, employees tax and the employers ..... revisited its 1950 amendment; and since that time, fica has contained no exception for severance payments. b the next question .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-14-2014
..... to independ-ent dealerships throughout the united states, including california. the question presented is whether the due process clause of the fourteenth amendment precludes the district court from exercising jurisdiction over daimler in this case, given the absence of any california connectionto the atrocities, perpetrators ..... expanding the permissible scope of state jurisdiction over foreign corporations and other nonresidents. ). for an early codification, see uniform interstate and international procedure act 1.02 (describing jurisdiction based on [e]nduring [r]elationship to encompass a person s domicile or a corporation s place of incorporation or ..... partner, joint venturer or employee of daimlerchrysler or any daimlerchrysler group company ; mbusa ha[s] no authority to make binding obligations for or act on behalf of daimlerchrysler or any daimlerchrysler group company. ibid. after allowing jurisdictional discovery on plaintiffs agency allegations, the district court granted daimler s .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-25-2014
..... and hold pre-trial seizures of property to a higher standard than probable cause. but the due process clause, even when combined with a defendant s sixth amendment interests, does not command those results. accordingly, the kaleys cannot challenge the grand jury s conclusion that probable cause supports the charges against them. the grand ..... 6 the grand jury s unreviewed finding similarly may play a significant role in determining a defendant s eligibility for release before trial under the bail reform act of 1984, that statute creates a rebuttable presumption that a defendant is ineligible for bail if there is probable cause to believe she committed certain serious crimes. ..... lawyer. he urged the court to hold that the government could seize assets needed for that purpose only after conviction. but we instead decided that the government could act after probable cause [that the assets are forfeitable] is adequately established. 491 u. s., at 616. and that means in a case like this one where .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-23-2014
..... to contribution and no specific statutory authorization for contribution here. her severe approach could also raise questions under the excessive fines clause of the eighth amendment. pp. 12 19. (c) while the victim s expansive reading must be rejected, that does not mean the broader principles underlying aggregate causation ..... continued existence and circulation of child pornography images causes the child victims of sexual abuse continuing harm by haunting those children in future years. child pornography prevention act of 1996, 121, 110stat. 3009 26, congressional findings (2), notes following 18 u. s. c. 2251 (hereinafter 2251 findings). it is inconceivable ..... possessed. the relevant statutory provisions are set forth at 18 u. s. c. 2259. enacted as a component of the violence against women act of 1994, 2259 requires district courts to award restitution for certain federal criminal offenses, including child-pornography possession. petitioner doyle randall paroline pleaded guilty to .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jan-22-2014
..... particularly striking. advocate general kokott summarised it as follows: "ag18 neither the original commission proposal [com(96) 511 final, december 4, 1996] nor an amended version of it [com(1999) 73 final, february 22, 1999] included the condition that the plans and programmes covered must be required by law. after ..... or reasoning based on political policy decisions from planning decisions. on the contrary, the recognition that projects may legitimately be approved by specific legislative act constitutes express recognition of the legitimacy of such factors. 210. the appellants' case, that the parliamentary process will be tainted by considerations such ..... subject to systematic assessment; . [11] whereas, however, this directive should not be applied to projects the details of which are adopted by a specific act of national legislation, since the objectives of this directive, including that of supplying information, are achieved through the legislative process; [12] whereas, furthermore, .....
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