Court : UK Supreme Court
..... blanket policy was also applied from april 2006 until the introduction of cullen 1 in november 2007. during this earlier period, the only exceptions made to the policy of universal detention were on compassionate grounds and these were few and far between. importantly, there were no releases on the basis of hardial singh principles. indeed, cullen 1 represented ..... decide whether to frustrate the legitimate expectation of a substantial benefit "is so unfair that to take a different course will amount to an abuse of power": see r v north and east devon health authority, ex p coughlan [2001] qb 213 para 57. in that context, the phrase "abuse of power" denotes a degree of unfairness. it ..... council [2001] ewca civ 607; [2002] 1 wlr 237. in an extreme case the courts can require the authority to comply with its undertaking: see r v north and east devon health authority, ex p coughlan [2001] qb 213. the same principle applies where a minister publishes a policy that sets out the way in which he .....
Tag this Judgment!Court : US Supreme Court
..... unpaid social security and unemployment taxes for the years 1969 through 1972, including interest and penalties. [ footnote 8 ] the district court for the eastern district of north carolina decided the action on cross-motions for summary judgment. 436 f.supp. 1314 (1977). in addressing the motions for summary judgment, the court ..... race in administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other school-administered programs." [ footnote 4 ] bob jones university was founded in florida in 1927. it moved to greenville, s.c., in 1940, and has been incorporated as an eleemosynary institution in south carolina since ..... must be "charitable" in the common law sense, and therefore must not be contrary to public policy. in the court's view, bob jones university did not meet this requirement, since its "racial policies violated the clearly defined public policy, rooted in our constitution, condemning racial discrimination and, more .....
Tag this Judgment!Court : US Supreme Court
..... war of the rebellion, a similar decision was made in the district court of the united states for the eastern district of pennsylvania in regard to two cases of books belonging and consigned to a university in north carolina. judge cadwalader, in ordering these books to be liberated from the custody of the marshal and restored to ..... the agent of the university, said: "though this claimant, as the resident of a hostile district, would not be entitled ..... of law, doubtless originated in the positive prescriptions of some single state, which were at first of limited effect, but which, when generally accepted, became of universal obligation." "this is not giving to the statutes of any nation extraterritorial effect. it is not treating them as general maritime laws, but it is recognition of .....
Tag this Judgment!Court : US Supreme Court
..... jeopardized by carrying out a program with the federal government'"). [ footnote 24 ] see pembaur v. cincinnati, 475 u. s. 469 , 475 u. s. 484 -485, n. 13 (1986); regents of university of michigan v. ewing, 474 u. s. 214 , 474 u. s. 224 , n. 10 (1985); bishop v. wood, 426 u. s. 341 , 426 u. s. 345 -347 ..... apparently did little to stop white encroachments on indian territory. see clinton & hotopp, judicial enforcement of the federal restraints on alienation of indian land: the origins of the eastern land claims, 31 u.maine l.rev. 17, 21 (1979). recognizing that "great frauds and abuses have been committed in the purchasing lands of the indians," the crown ..... 9 rutgers l.rev. 355, 356 (1954). before the arrival of white settlers, the catawba indians occupied much of what is now north and south carolina. in the 1760 treaty of pine tree hill, the catawbas relinquished the bulk of their aboriginal territory to great britain in exchange for assurances that they would be allowed to live in peace .....
Tag this Judgment!Court : US Supreme Court
..... u. s. c. 1681-1688 (title ix),l which this court recognized in cannon v. university of chicago, 441 u. s. 677 (1979), supports a claim for monetary damages. i petitioner christine franklin was a student at north gwinnett high school in gwinnett county, georgia, between september 1985 and august 1989. respondent gwinnett ..... and the federal government are clearly inadequate. backpay does nothing for petitioner, because she was a student when the alleged discrimination occurred. similarly, because hill-the person she claims subjected her to sexual harassment-no longer teaches at the school and she herself no longer attends a school in the gwinnett ..... sexual harassment and by interfering with her right to complain about conduct proscribed by title ix. ocr determined, however, that because of the resignations of hill and respondent william prescott and the implementation of a school grievance procedure, the district had come into compliance with title ix. it then terminated its investigation .....
Tag this Judgment!Court : US Supreme Court
..... , 396 u. s. 236 (1969); daniel v. paul, 395 u. s. 298 , 395 u. s. 305 -308 (1969); blow v. north carolina, 379 u. s. 684 , 379 u. s. 685 -686 (1965); hamm v. rock hill, 379 u. s. 306 , 379 u. s. 307 -308 (1964); heart of atlanta motel, inc. v. united states, 379 u. s. ..... are medical experts who believe that such stimulation frequently manifests itself in criminal sexual behavior or other antisocial conduct. for example, dr. george w. henry of cornell university has expressed the opinion that obscenity, with its exaggerated and morbid emphasis on sex, particularly abnormal and perverted practices, and its unrealistic presentation of sexual behavior and ..... of the first amendment, and hence suppressed because it is a form of expression "utterly without redeeming social importance," id. at 354 u. s. 484 , as "mirrored in the universal judgment that [it] should be restrained. . . ." id. at 354 u. s. 485 . because we assumed -- incorrectly, as experience has proved -- that obscenity could be .....
Tag this Judgment!Court : US Supreme Court
..... profoundly affect the tellico project. exploring the area around coytee springs, which is about seven miles from the mouth of the river, a university of tennessee ichthyologist, dr. david a. etnier, found a previously unknown species of perch, the snail darter, or percina (imostoma) ..... construction by the tennessee valley authority (tva) of the tellico dam and reservoir project on the little tennessee river in eastern tennessee. the project is a comprehensive water resource and regional development project designed to control flooding, provide water supply, promote ..... . i the little tennessee river originates in the mountains of northern georgia and flows through the national forest lands of north carolina into tennessee, where it converges with the big tennessee river near knoxville. the lower 33 miles of the little ..... . 153 (1978) u.s. supreme court tennessee valley auth. v. hill, 437 u.s. 153 (1978) tennessee valley authority v. hill no. 76-1701 argued april 18, 1978 decided june 15, 1978 437 .....
Tag this Judgment!Court : US Supreme Court
..... of the employees on their employers." nlrb v. gissel packing co., 395 u. s., at 617. similarly, the distinctive character of a university environment, see 430 stevens, j., concurring in judgment widmar v. vincent, 454 u. s. 263 , 277-280 (1981) (stevens, j ..... u. s. 95 , 100-103 (1948) (rutledge, j., dissenting). 2 see mine workers v. pennington, 381 u. s. 657 (1965); eastern railroad presidents conference v. noerr motor freight, inc., 365 u. s. 127 (1961). 421 likewise, whether speech falls within one of the categories of ..... law. see allied-signal, inc. v. director, division of taxation, 504 u. s. 768 (1992); quill corp. v. north dakota, 504 u. s. 298 (1992). in each case, we had the benefit of full briefing on the critical issue, so ..... unlawful a substantial amount of constitutionally protected conduct may be held facially invalid even if they also have legitimate application." houston v. hill, 482 u. s. 451 , 459 (1987) (citation omitted). the st. paul antibias ordinance is such a law. .....
Tag this Judgment!Court : US Supreme Court
..... was not meant to "exclude other employees traditionally covered." s.rep. at 16. we may presume "that our elected representatives, like other citizens, know the law," cannon v. university of chicago, 441 u. s. 677 , 441 u. s. 696 -697 (1979), and that their use of "employees traditionally page 459 u. s. 320 covered" was ..... of the second circuit decision. the constitutional dimension of standing theory requires, at the very least, that there be an "actual injury redressable by the court." simon v. eastern kentucky welfare rights org., 426 u. s. 26 , 426 u. s. 39 (1976). this requirement is meant "to assure that the legal questions presented to ..... the second circuit, churchill was not in "maritime employment," because his employment lacked a " significant relationship to navigation or to commerce on navigable waters.'" churchill v. perini north river associates, 652 f.2d 255, 256, n. 1 (1981). the director now seeks review of the second circuit denial of churchill's petition. the director agrees .....
Tag this Judgment!Court : UK Supreme Court
..... a person is "not to be put in peril upon an ambiguity, however much the purpose of the act appeals to the predilection of the court" (london and north eastern railway co v berriman [1946] ac 278, 313-314, per lord simonds). however, it is only if the section is ambiguous, unclear or open to two reasonable ..... "the touchstone of reasonable standards that should be attained". this finding was supported by the notes published by the wolfson unit for noise and vibration control in the university of southampton in 1976. as the judge said, with the publication of bs 5330 in 1976, there was information available which, if researched, would give an ..... was regarded . as the touchstone of reasonable standards that should be attained". confirmation existed in notes published by the wolfson unit for noise and vibration control in the university of southampton. these were intended to supplement a series of seminars held round the country in the autumn of 1976 on the theme "industrial noise - the conduct .....
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