Court : UK Supreme Court
Decided on : May-08-2014
..... of his application for judicial review. 13. the application for interim suspension came before lord boyd of duncansby on 7 november 2012, together with an application to amend the petition by deleting a's name and address and substituting initials. media organisations had not been notified of the hearing, and were not represented at it. ..... the court of session in proceedings for judicial review of a decision of the upper tribunal. in its order, the court permitted the applicant for judicial review to amend his application by deleting his name and address and substituting letters of the alphabet, in the exercise (or, as the bbc argues, purported exercise) of a common ..... lord boyd allowed the petition to be amended. he also made an order under section 11 of the 1981 act "prohibiting the publication of the name of the petitioner, or any particulars or details calculated to lead to the identification of the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-23-2014
..... determinations respecting the circumstances and details of the crime. ibid. mitchell thus reiterated what carter and estelle had already established. the normal rule is that fifth amendment protections apply during trial and sentencing. because the court refused to adopt an exception to this default rule, ibid. (emphasis added), the law before and ..... give the requested instruction violated respondent s privilege against self-incrimination. the sixth circuit affirmed. held: because the kentucky supreme court s rejection of respondent s fifth amendment claim was not objectively unreasonable, the sixth circuit erred in granting the writ. pp. 3 12. (a) the difficult-to-meet standard of 28 u. s ..... -refusal-to-extend concept originated in a fourth circuit opinion we discussed at length in williams, our first in-depth analysis of the antiterrorism and effective death penalty act of 1996 (aedpa). see 529 u. s., at 407 409 (citing green v. french, 143 f. 3d 865, 869 870 (1998)). we described the .....
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 : US Supreme Court
Decided on : Apr-22-2014
..... things the constitution forbids even a majority of citizens to do. the political-process doctrine, grounded in the fourteenth amendment, is a central check on majority rule. the fourteenth amendment instructs that all who act for the government may not deny to any person . . . the equal protection of the laws. we often ..... thus, un-elected faculty members and administrators, not voters or their elected representatives, adopted the race-conscious admissions programs affected by michigan s constitutional amendment. the amendment took decisionmaking authority away from these unelected actors and placed it in the hands of the voters. why does this matter? for one thing, ..... ) (o connor, j., dissenting); ante, at 11 13. that task is as difficult as it is unappealing. (does a half-latino, half american indian have latino interests, american-indian interests, both, half of both?[ 5 ]) what is worse, the exercise promotes the noxious fiction that, knowing only a person s color or ethnicity, .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Apr-02-2014
..... german cause of action what she would have recovered in a german court. this has now been achieved by changing the law. section 15a of the act of 1995 (added by amendment in 2008) applies the rome ii regulation ec 864/2007 to causes of action arising after 11 january 2009. article 15(c) of the regulation ..... substantial changes were made in 1976 and 1982. for present purposes, the relevant provisions relating to pecuniary loss are sections 3 and 4 of the act of 1976, as amended by the administration of justice act 1982. they provide: "3. assessment of damages. (1) in the action such damages, other than damages for bereavement, may be awarded as ..... still the rule at common law, but it was largely superseded by the fatal accidents act 1846 ("lord campbell's act"), which created a new statutory cause of action in favour of certain categories of dependant, including widows. the 1846 act was repeatedly amended, elaborated and re-enacted, and the statutory cause of action is now contained in section .....
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 : UK Supreme Court
Decided on : Mar-26-2014
..... and management and the fifth is to enhance the accountability of charities to donors, beneficiaries and the general public (section 1b(2) of the 1993 act, as amended). the commission has five general functions, of which the third includes the investigation of apparent misconduct in the administration of charities and the fifth includes ..... communications could be maintained in legal proceedings is exempt information." 22. the charity commission was at the material times subject to the charities act 1993 (since replaced by the charities act 2011). the 1993 act, as amended, provided: "1b - (1) the commission has the objectives set out in subsection (2). (2) the objectives are- 1 the ..... (confirming mr kennedy's prior suspicions) found to be a charity which should have been, but was not, registered and operated under the charities act 1993 as amended. investigations by mr kennedy himself led to the first charity commission inquiry in june 2003. this was in turn followed by a second inquiry in .....
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 : 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 : UK Supreme Court
Decided on : Mar-12-2014
..... is no need for us to repeat the reasoning which is fully set out in the judgment of chadwick lj. 14. under the rules as amended when the mental capacity act 2005 came into force (the civil procedure (amendment) rules 2007 (si 2007/2204 (l20)), "patients" in rule 21.1(1)(a) has been replaced by "protected parties", and in rule ..... civil procedure rule committee power to make rules governing "the practice and procedure" to be followed in the civil courts and as further provided in schedule 1 to the act. paragraph 4 of that schedule provides that the rules may modify the rules of evidence, thus showing that where it is intended that the rules could modify the substantive ..... a child or patient has a litigation friend, shall be of no effect, unless the court otherwise orders'". kennedy lj went on to say that "provided everyone has acted in good faith and there has been no manifest disadvantage to the party subsequently found to have been a patient at the relevant time i cannot envisage any court .....
Tag this Judgment!