Court : US Supreme Court
..... 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 ..... minorities may consider busing for integration to be legislation that is in their interest. 458 u. s., at 474 (internal quotation marks omitted). b patently atextual, unadministrable, and contrary to our traditional equal-protection jurisprudence, hunter and seattle should be overruled. the problems with the political-process doctrine begin with ..... minorities by the encouragement or command of laws or other state action, the constitution requires redress by the courts. cf. johnson v. california, 543 u. s. 499 512 (2005) ( [s]earching judicial review . . . is necessary to guard against invidious discrimination ); edmonson v. leesville concrete co., 500 u. s. 614, 619 (1991) .....
Tag this Judgment!Court : US Supreme Court
..... driving is a mere inference from an uncorroborated, vague, and nameless tip, then the fourth amendment requires that he be left alone. * * * the court s opinion serves up a freedom-destroying cocktail consisting of two parts patent falsity: (1) that anonymous 911 reports of traffic violations are reliable so long as they ..... causes running [another vehicle] off the roadway is likely intoxicated. see id., at 5, 8.as a result, we cannot say that the officer acted unreasonably under these circumstances in stopping a driverwhose alleged conduct was a significant indicator of drunk driving. petitioners attempts to second-guess the officer s rea- ..... the stop was therefore proper.[ 2 ] reasonable suspicion depends on the factual and practical considerations of everyday life on which reason-able and prudent men, not legal technicians, act. id., at 695. under that commonsense approach, we can appropriately recognize certain driving behaviors as sound indicia of drunk driving. see, e.g., people v. wells .....
Tag this Judgment!Court : UK Supreme Court
..... 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came into force (the civil procedure (amendment) rules 2007 (si 2007/2204 (l20)), "patients" in rule 21.1(1)(a) has been replaced by "protected parties", and in rule ..... course a person may be able to manage some of his affairs but not others. 13. the general approach of the common law, now confirmed in the mental capacity act 2005, is that capacity is to be judged in relation to the decision or activity in question and not globally. hence it was concluded in masterman-lister that capacity for ..... proceedings. the current rule 21.1(2)(c) defines "lacks capacity" to mean "lacks capacity within the meaning of the 2005 act". given that the courts had already arrived at a test of capacity on which the 2005 act test was closely modelled, it seems unlikely that this has introduced any differences between the old and the new law. but that .....
Tag this Judgment!Court : US Supreme Court
..... could claim an interest in more than three acres of the right of way, and only six of the 31 potential claims amounted to more than one acre. see amended complaint in no. 06 cv 0184j etc. (d wyo.), 6 10. 3 the district court dismissed without prejudice brandt s separate counterclaim for just compensation. brandt then ..... land ); 16 op. atty. gen. 250, 254 (1879) ( the purchasers or grantees of the united states took the fee of the lands patented to them subject to the easement created by the act of 1824; but on a discontinuance or abandonment of that right of way the entire and exclusive property, and right of enjoyment thereto, vested in the ..... declaration of abandonment and an order quieting title in the united states to the abandoned right of way, including the stretch that crossed the land conveyed in the brandt patent. petitioners contested the claim, asserting that the right of way was a mere easement that was extinguished when the railroad abandoned it, so that brandt now enjoys full .....
Tag this Judgment!Court : UK Supreme Court
..... 33). in smith kline and french laboratories ltd v evans medical ltd [1989] 1 fsr 561, aldous j refused an application to amend a patent (made in order to save the validity of the patent for the purpose of infringement proceedings) because of a delay of eight years in making the application. he held that where a ..... review of the council's decision. the council objected that this was inappropriate as parliament had provided the remedy of rectification in section 14 of the 1965 act. acting on legal advice, therefore, mr curtis discontinued the judicial review proceedings in december 2001, without prejudice to his right to apply under section 14. the curtis ..... agree with the court of appeal in the result. specifically, the lapse of time between the registration and the betterment application was from june 2001 to december 2005. during all of that time, the possibility of an application under section 14 was known to the registration authority and could presumably have been discovered by others .....
Tag this Judgment!Court : UK Supreme Court
..... statutory condition for the admission of a patient to a state hospital (under, for example, sections 57a(6) or 59a(6) of the criminal procedure (scotland) act 1995 as amended) is no longer satisfied. if the tribunal is not so satisfied, then it will refuse the application. if on the other hand it is so satisfied, then ..... scottish parliament to pass what became sections 264 to 273 of the mental health (care and treatment) (scotland) act 2003. despite all the recent changes to the mental health act 1983 (which consolidated the 1959 act with later amendments), the law in england and wales still lags behind the law in scotland in this respect. no doubt those ..... are now deemed to be a compulsion order and a restriction order within the meaning of the criminal procedure (scotland) act 1995 as amended. 45. in 2008 the appellant applied for an order under section 264(2) of the act. in 2009 the tribunal issued its decision, refusing the application. 46. in its decision, the tribunal described the .....
Tag this Judgment!Court : UK Supreme Court
..... partially valid to grant relief in respect of that part which is found to be valid and infringed. 5. section 77(2) of the act refers to "the provisions of the european patent convention relating to the amendment or revocation". this is a reference to article 68 of the convention, and indirectly to article 64. they provide: "article 64 rights ..... whether the same applied to the other fourteen infringements, which has given rise to a certain amount of controversy since: see hormel foods corp v antilles landscape investments nv [2005] rpc 28, unilin beheer bv v berry floor nv [2007] fsr 25 at paras 47-48. the essential fallacy in the majority's reasoning in coflexip lay in ..... consequence which has come about in this case. the facts 8. the patent in suit is a european patent for a "seating system and passenger accommodation unit for a vehicle", granted to virgin and published on 30 may 2007. the seat, which was designed in about 2005, reclines to provide a flat bed. it is commonly used in long- .....
Tag this Judgment!Court : US Supreme Court
..... in congress, state legislatures, and local elected offices. this progress is the direct result of the voting rights act of 1965. fannie lou hamer, rosa parks, and coretta scott king voting rights act reauthorization and amendments act of 2006 (hereinafter 2006 reauthorization), 2(b)(1), 120stat. 577. on that matter of cause and effects ..... covered jurisdictions. congress did not take this task lightly. quite the opposite. the 109th congress that took responsibility for the renewal started early and conscientiously. in october 2005, the house began extensive hearings, which continued into november and resumed in march 2006. s. rep. no. 109 295, p. 2 (2006). in april ..... court orders or have simply closed their registration offices to freeze the voting rolls. id., at 314 (footnote omitted). patently, a new approach was needed. answering that need, the voting rights act became one of the most consequential, efficacious, and amply justified exercises of federal legislative power in our nation s his .....
Tag this Judgment!Court : US Supreme Court
..... by federal law under pliva. we thus reverse the decision of the court of appeals below. i under the federal food, drug, and cosmetic act (fdca), ch. 675, 52stat. 1040, as amended, 21 u. s. c. 301 et seq., drug manufacturers must gain approval from the united states food and drug administration (fda) before ..... that for [the brand-name] drug ). ii in 1978, the fda approved a nonsteroidal anti-inflammatory pain reliever called sulindac under the brand name clinoril. when clinoril s patent expired, the fda approved several generic sulindacs, including one manufactured by mutual pharmaceutical. 678 f. 3d 30, 34 (ca1 2012) (case below); app. to pet. ..... disfigured, has physical disabilities, and is nearly blind. at the time of the prescription, sulindac s label did not specifically refer to toxic epidermal necrolysis. by 2005, however, the fda had recommended changing all nsaid labeling to contain a more explicit toxic epidermal necrolysis warning. respondent sued mutual in new hampshire state court, .....
Tag this Judgment!Court : US Supreme Court
..... 2004). we consequently describe four key features of the relevant drug-regulatory framework established by the drug price competition and patent term restoration act of 1984, 98stat. 1585, as amended. that act is commonly known as the hatch-waxman act. first, a drug manufacturer, wishing to market a new prescription drug, must submit a new drug application to the ..... presumably be shielded from discovery. second, the majority s position leads to absurd results. let s say in 2005, a patent holder sues a competitor for infringement and faces a counterclaim that its patent is invalid. the patent holder determines that the risk of losing on the question of validity is low, but after a year of ..... as amicus curiae 23 24 (citing ftc data indicating that some drugs have been subject to as many as sixteen first-day generic applications; that in 2005, the average number of first-day applications per drug was 11; and that between 2002 and 2008, the yearly average never dropped below three first-day .....
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