Court : Canada Supreme Court
..... vehicle and on foot, and on the trafficking and possession of cocaine in that part of british columbia, including distribution routes, chain of distribution, means of transportation, methods of concealment, packaging, values, cost and profit margins, usage patterns and rates of consumption. [65] sgt. arsenault expressed the opinion that individuals ..... expert evidence regarding the customs and practices of the drug trade. specifically, sgt. arsenaults evidence was to focus on chains of distribution, distribution routes, means of transportation, methods of concealment, packaging, value, cost and profit margins. sgt. arsenault had been a police officer for 33 years and had been involved in approximately ..... on, the accused intended the death of his or her victim. nor do i see a difference between the impugned testimony and a stolen goods investigator testifying that he or she has never seen a case of innocent possession of stolen property, or an experienced fraud investigator testifying that he .....
Tag this Judgment!Court : US Supreme Court
..... that every person subject to the shipping act "shall file immediately with the commission" every agreement with another person subject to the act "fixing or regulating transportation rates or fares; giving or receiving special rates, accommodations, or other special privileges or advantages; controlling, regulating, preventing, or destroying competition; pooling or apportioning ..... automobiles are treated alike should page 390 u. s. 294 not have prevented the commission from inquiring whether special treatment for this class of goods was necessary under the circumstances and, if so, whether the special rule adopted was the fairest that could be devised. the commission's interpretation ..... competitive with automobiles. in so ruling, the commission applied the "competitive relationship" doctrine which it has developed in cases concerning rates for carriage of goods by sea. [ footnote 30 ] page 390 u. s. 280 but the commission, in cases not involving freight rates and the particularized economics .....
Tag this Judgment!Court : US Supreme Court
..... which consumers, including large industrial end users, may buy gas from producers and independent marketers rather than from ldc's, and pay pipelines separately for transportation. indeed, during the tax period in question, petitioner general motors corporation (gmc) bought virtually all the gas for its plants from out-ofstate independent ..... matter, immune from our ordinary commerce clause jurisprudence, and to the extent that our earlier cases may have implied such immunity they are no longer good law. nothing in arkansas electric undermines the earlier cases' recognition of the powerful state interest in regulating sales to domestic consumers buying at retail, however ..... the market's economic characteristics appear to be independent of any effect attributable to the state's sales taxation as imposed today, there is good reason to assume that any pricing changes that could result from eliminating the sales tax differential challenged here would be inadequate to create competition between .....
Tag this Judgment!Court : US Supreme Court
..... addressing property taxes. as noted earlier, subsections (b)(1) (3) prohibit a state from imposing higher property tax rates or assessment ratios on rail transportation property than on other commercial and industrial property. the statute defines commercial and industrial property as including only property subject to a property tax levy. 11501( ..... in result: a ruling for csx, alabama argues, would give railroads more protection against non-property taxes than against property taxes, even though no good reason exists for this distinction. alabama s one-word-two-meanings argument collapses because it again rests on a misunderstanding of acf industries . that decision ..... example, has not presented any evidence that different tax exemptions posed different levels of threat to railroads financial stability. so even if congress had a good reason for distinguishing between property and non-property tax exemptions, we acknowledge that it eludes us. but this admission does not take us far in .....
Tag this Judgment!Court : US Supreme Court
..... ) and 15(13), reprinted in cch common mkt. rep. ,,3165p and 3165q. the value of international container leases, however, is included in the cost of transporting goods, which in turn is added to the value of the goods when calculating vat tax liability. !tel admits this is tantamount to an indirect tax on the value of international container leases, but claims the distinction ..... 's sales tax on leases of containers owned by a domestic company and used in international shipping. i the use of large steel containers to transport goods by truck, rail, and oceangoing carrier was a major innovation in transportation technology. in 1990, the united states shipped, by value, 60% of its marine imports and 52% of its marine exports in these containers. !tel .....
Tag this Judgment!Court : UK Supreme Court
..... manifest justice favours preferring the interests of the innocent party to those of the wrongdoer. if there exists a good reason and an opportunity for the innocent party to affirm the contract, he should be allowed to do so: london transport executive v clarke [1981] icr 355, 367, per templeman lj. 20. i need not elaborate on ..... and the court felt reluctantly obliged to apply the elective theory in accordance with the decision in the gunton case, the most recent domestic decision of significance is london transport executive v clarke [1981] icr 355. its date demonstrates that, for an entire generation, the issue between the two theories has been substantially quiescent. the employee ..... the citations in the former case show. their most recent and authoritative restatement is to be found in the speech of lord diplock in photo production ltd v securicor transport ltd [1980] ac 827. the concept was memorably expressed by asquith lj in howard v pickford tool co ltd [1951] 1 kb 417, 421, when he .....
Tag this Judgment!Court : US Supreme Court
..... rationale and the nature of private benefits 11, center for planning development, georgia institute of technology, working paper series (jan. 1994). see also intermodal surface transportation efficiency act of 1991, pub. l. 102-240, 105 stat. 1914 (recognizing pedestrian and bicycle facilities as necessary components of any strategy to reduce ..... "reasonable relationship" between alleviating the impacts of increased traffic from the development and facilitating the provision of a pedestrian! bicycle pathway as an alternative means of transportation. ibid. the oregon court of appeals affirmed, rejecting petitioner's contention that in nollan v. california coastal comm'n, 483 u. s. 825 ( ..... constitutionally sufficient to justify the conditions imposed by the city on petitioner's building permit. since state courts have been dealing with this question a good deal longer than we have, we turn to representative decisions made by them. in some states, very generalized statements as to the necessary .....
Tag this Judgment!Court : US Supreme Court
..... nonminority applicant who scores highly in these other categories can readily garner a selection index exceeding that of a minority applicant who gets the 20-point bonus. cf. johnson v. transportation agency, santa clara cty., 480 u. s. 616 , 638 (1987) (upholding a program in which gender "was but one of numerous factors [taken] into account in arriving at [a] decision ..... -city ghetto of semi-literate parents whose academic achievement was lower but who had demonstrated energy and leadership as well as an apparently-abiding interest in black power. if a good number of black students much like a but few like b had already been admitted, the committee might prefer b; and vice versa. if c, a white student with extraordinary .....
Tag this Judgment!Court : US Supreme Court
..... driver and his needs in approaching, traversing, and leaving the crossing site as safely and efficiently as possible"); see also u. s. department of transportation, federal highway administration, rail-highway crossings study 8-1 (1989) ("[t]he most influential predictors of train-vehicle accidents at rail-highway crossings ..... almost exclusively in the states. within some states, responsibility is frequently divided among several public agencies and the railroad." u. s. dept. of transportation, federal highway administration, traffic control devices handbook (1983). rather than establishing an alternative scheme of duties incompatible with existing georgia negligence law, the manual ..... the opinion of the court. thomas easterwood was killed on february 24, 1988 when a train owned and operated by petitioner and crossrespondent csx transportation, inc., collided with the truck he was driving at the cook street crossing in cartersville, georgia. his widow, respondent and cross-petitioner lizzie .....
Tag this Judgment!Court : US Supreme Court
..... from our dormant commerce clause jurisprudence. *** for the reasons stated, and without prejudging the outcome of any eventual proceeding before or regulation by the secretary of transportation, we affirm the judgment of the court of appeals. it is so ordered. justice blackmun took no part in the consideration or decision of this case. ..... should logically encompass all taxes imposed on airlines as well, including property taxes, net income taxes, franchise taxes, and sales and use taxes on the sale of goods and services. yet 1513(b) instructs that such taxes are not covered by 1513(a)-that they are "taxes other than those enumerated in subsection (a)." ..... than those enumerated in subsection (a) of this section, including property taxes, net income taxes, franchise taxes, and sales or use taxes on the sale of goods or services; and nothing in this section shall prohibit a state (or political subdivision thereof ... ) owning or operating an airport from levying or collecting reasonable rental .....
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