Court : UK Supreme Court
..... it unlikely. but that is irrelevant to whether the claimants had rights in domestic law, for which there can be no source other than the 1998 act. the act did not transmute international law obligations into domestic ones. it created new domestic human rights. the simple question is whether as a matter of construction, those ..... now under consideration, of treating all the obligations arising under article 2 as parts of a single whole. parliament cannot be taken to have intended that the act should apply differently to the primary obligation (to protect life) and a consequential obligation (to investigate a death). for this reason i consider these judicial ..... occurring under their responsibility. what form of investigation will achieve those purposes may vary in different circumstances. however, whatever mode is employed, the authorities must act of their own motion, once the matter has come to their attention." this then became a standard part of the summary of the strasbourg law given .....
Tag this Judgment!Court : UK Supreme Court
..... patent in relation to neutrokine- were "significant" because:"[t]hey reveal the importance of the identification of the tissues where [it] is expressed, the tissues where it acts, the nature of its biological activity and how that profile varies in any particular disease state. however, no data is provided to support these claims. further, the ..... comment from the court of appeal in chiron corp v murex diagnostics ltd [1996] rpc 535, 607-608, and a decision in 2005 of a divisional director acting for the comptroller of uk patents, aeomica's application bl o/286/05, which analysed the issue more fully. in my view, neither case provides any ..... . 7. the specification begins by explaining that neutrokine- is a new protein, and a member of the tnf ligand superfamily of cytokines, which are proteins which act as inter-cellular mediators in inflammation and other immune responses. it states that all the known members of that superfamily "are involved in regulation of cell proliferation, activation .....
Tag this Judgment!Court : US Supreme Court
..... such an accepted part of federal campaign finance regulation that when a large number of plaintiffs, including several nonprofit corporations, challenged virtually every aspect of the act in buckley , 424 u. s. 1 , no one even bothered to argue that the bar as such was unconstitutional. buckley famously (or ..... if successful, will properly invite or entail invalidation of the underlying statute.[ footnote 10 ] the paradigmatic case is a judicial determination that the legislature acted with an impermissible purpose in enacting a provision, as this carries the necessary implication that all future as-applied challenges to the provision must prevail ..... 27a. citizens united desired to promote the video-on-demand offering by running advertisements on broadcast and cable television. b before the bipartisan campaign reform act of 2002 (bcra), federal law prohibited and still does prohibit corporations and unions from using general treasury funds to make direct contributions to candidates or .....
Tag this Judgment!Court : US Supreme Court
..... percent. s. rep. no. 109 295, at 13. there is no doubt that these improvements are in large part because of the voting rights act. the act has proved immensely successful at redressing racial discrimination and integrating the voting process. see 2(b)(1), 120stat. 577. during the freedom summer of 1964, ..... discriminatory voting practices such as voting dilution). efforts to reduce the impact of minority votes, in contrast to direct attempts to block access to the bal- lot, are aptly described as second-generation barriers to minority voting. second-generation barriers come in various forms. one of the blockages is racial ..... rejected this very argument when addressing a materially identical severability provision, explaining that such a provision is congress explicit textual instruction to leave unaffected the remainder of [the act] if any particular application is unconstitutional. national federation of independent business v. sebelius, 567 u. s. __, __ (2012) (plurality opinion) (slip op., .....
Tag this Judgment!Court : US Supreme Court
..... substantive comparability" inquiry was an "additional step" that it engrafted on "th[e] traditional test" of intermediate scrutiny, ibid. (emphasis added).) 592 these professionals acted on "'overbroad' generalizations," ante, at 542, 550. c a few words are appropriate in response to the concurrence, which finds vmi unconstitutional on a basis ..... [a decedent's estate], males must be preferred to females' "). since reed, the court has repeatedly recognized that neither federal nor state government acts compatibly with the equal protection principle when a law or official policy denies to women, simply because they are women, full citizenship stature-equal opportunity ..... f. supp. 1407, 1418-1419 (wd va. 1991). for example, virginia's legislature incorporated farmville female seminary association in 1839, the year vmi opened. 1839 va. acts, ch. 167. originally providing instruction in "english, latin, greek, french, and piano" in a "home atmosphere," r. sprague, longwood college: a history 7-8 .....
Tag this Judgment!Court : US Supreme Court
..... all significant decisions in the exercise of reasonable professional judgment, id., at 690 . to overcome that presumption, a defendant must show that counsel failed to act reasonabl[y] considering all the circumstances. id., at 688. the court cautioned that [t]he availability of intrusive post-trial inquiry into attorney performance ..... for tactical reasons rather than through sheer neglect (citing strickland , supra, at 690)). the state-court record supports the idea that pinholster s counsel acted strategically to get the prosecution s aggravation witnesses excluded for lack of notice, and if that failed, to put on pinholster s mother. other statements made ..... petition has expired, however, a state court orders the state to disclose additional documents the petitioner had timely requested under the state s public records act. the disclosed documents reveal that the state withheld other exculpatory witness statements, but state law would not permit the petitioner to present the new evidence .....
Tag this Judgment!Court : US Supreme Court
..... of video games for disfavored treatment at least when compared to booksellers, cartoonists, and movie producers and has given no persuasive reason why. the act is also seriously underinclusive in another respect and a respect that renders irrelevant the contentions of the concurrence and the dissents that video games are qualitatively ..... about whether the state is pursuing the interest it invokes or is instead disfavoring a particular speaker or viewpoint. california also cannot show that the act s restrictions meet the alleged substantial need of parents who wish to restrict their children s access to violent videos. the video-game industry s ..... studies purporting to show a connection between exposure to violent video games and harmful effects on children do not prove that such exposure causes minors to act aggressively. any demonstrated effects are both small and indistinguishable from effects produced by other media. since california has declined to restrict those other media, e .....
Tag this Judgment!Court : US Supreme Court
..... freed of the disabilities of that status -- and at the same time release his parents from their parental obligations -- prior to the actual date of his majority. certain acts, in and of themselves, may occasion emancipation. see, e.g., cal.civ.code ann. 62 (west 1954 and supp. 1981) (emancipation upon marriage or entry in ..... to preserve the constitutional page 450 u. s. 447 right and the unique nature of the abortion decision, especially when made by a minor, require a state to act with particular sensitivity when it legislates to foster parental involvement in this matter." bellotti ii, 443 u.s. at 443 u. s. 642 (powell, j.). because ..... communication and accord will take place routinely or (b) so imperfect that the absence of communication reflects the child's correct prediction that the parent will . . . [act] arbitrarily to further a selfish interest, rather than the child's interest. a state legislature may conclude that most parents will be primarily interested in the welfare of their .....
Tag this Judgment!Court : UK Supreme Court
..... if public authorities are allowed to participate in the collective procurement of goods and services, so long as no private interests are involved and they are acting solely in the public interest in the carrying out of their public service tasks. asemfo shows that the decisive influence that a contracting public authority must ..... established to carry out agricultural, forestry and other rural development activities for those public bodies. although it was a legally distinct entity, it was obliged to act in accordance with instructions received from them and to carry out work at rates fixed by regulation. it could not negotiate terms. asemfo complained that the ..... been two significant developments. first, on 12 november 2009 royal assent was given to the local democracy, economic development and construction act 2009 ("the 2009 act"). section 34 of the 2009 act gives power to local authorities to enter into mutual insurance arrangements of the kind in issue in this case. it also permits the .....
Tag this Judgment!Court : UK Supreme Court
..... law rule against injunctions requiring an employee to work has for many years been statutory: see, currently, section 236 of the trade union and labour relations (consolidation) act 1992. this makes it more difficult to justify intervening in a way that forces an employer to employ someone if the law is to maintain the ordinary principle ..... to do or accept anything before the contract could be completed by the pursuers, the pursuers could not and the court would not have compelled the defender to act, the contract would not have been completed and the pursuers' only remedy would have been damages." lord hodson (with whom lord tucker agreed) appears to have agreed ..... intervened to lay down minimum periods of notice to which the employee is entitled and a lesser period to which the employer is entitled (see now, employment rights act 1996, sections 86 et seq). but the parties are, of course, free to provide expressly in their contracts for longer periods of notice. statute also permits either .....
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