Court : US Supreme Court
Decided on : May-18-2009
..... (1977); law, rethinking sex and the constitution, 132 u. pa. l. rev. 955, 983 984, and nn. 107 109 (1984); roelofs, sex discrimination and insurance planning: the rights of ..... at the time, but such a situation is not presented here. footnote 5 although certain circuit courts had previously concluded that treating pregnancy leave less favorably than other disability leave constituted sex discrimination under title vii, this court in gilbert clearly rejected that conclusion, 429 u. s., at 147 (brennan, j., dissenting); see also id. , at 162 (stevens, j., dissenting). gilbert ..... ninth circuit s decision directly conflicts with the holdings of the sixth and seventh circuits that reliance on a pre-pda differential accrual rule to determine pension benefits does not constitute a current violation of title vii. see ameritech benefit plan comm . v. communication workers of am. , 220 f. 3d 814 (ca7 2000) (finding no actionable title vii violation given ..... its forerunner, geduldig v. aiello , see, e.g ., bartlett, pregnancy and the constitution: the uniqueness trap, 62 calif. l. rev. 1532, 1551 1566 (1974); eskridge, america s statutory constitution, 41 u. c. d. l. rev. 1, 39 40, and n. 175 (2007); karst, the supreme court 1976 term foreword: equal citizenship under the fourteenth amendment, 91 harv. l. rev. 1, 54, n. 304 .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-24-2009
..... trade schools); 472 (granting hiring preferences to indians seeking federal employment related to indian affairs), while directing other benefits to tribes, e.g. , 476 (allowing tribes to adopt constitutions and bylaws); 470 (giving loans to indian-chartered corporations). section 465, by giving the secretary discretion to steer benefits to tribes and individuals alike, is therefore unique. but establishing ..... be an indian tribe. reply brief for petitioner carcieri 7. the governor caricatures the secretary s discretion. this court has long made clear that congress and therefore the secretary lacks constitutional authority to bring a community or body of people within [federal jurisdiction] by arbitrarily calling them an indian tribe. united states v. sandoval , 231 u. s. 28 , 46 ..... indian nation or tribe of indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the constitution. footnote 3 the tribe, the town, and the secretary previously litigated issues relating to the secretary s acceptance of these 1,800 acres, and that matter is not ..... offense (citing united states v. paul , 6 pet. 141 (1832) (internal quotation marks omitted))); montana v. kennedy , 366 u. s. 308 , 310 311 (1961) (interpreting a statute granting citizenship status to foreign-born children of persons who now are, or have been citizens of the united states (internal quotation marks omitted; emphasis deleted)). it also aligns with the natural .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Dec-16-2009
..... case direct racial discrimination, it would be possible to go on to consider the hypothetical question of whether, if jfs's admissions policy had constituted indirect discrimination, it would have been justifiable. i do not propose to embark on that exercise, which would involve, among other considerations, an ..... as viscount dilhorne put it at p 358, "the word 'national' in 'national origins' means national in the sense of race and not citizenship." there was no discussion of the meaning of the word "ethnic". lady hale has commented that lord simon of glaisdale's speech at p 364 ..... was necessary to ensure that entry to the schools was determined on merit. the house of lords held, none the less, that the disparity constituted unlawful discrimination contrary to the sex discrimination act 1975 which prohibited discrimination against a woman "on the ground of her sex". lord goff of ..... or ethnic or national origins; (2) the fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group for the purposes of this act". section 17 deals with educational establishments and provides that it is unlawful for the governors ..... its face, very pertinent in the present case. however, it is suggested that, having been introduced on a proposal by india, the word 'descent' is limited to caste, but india itself disputes this, and it has been forcefully suggested that the background to its introduction indicates that it was not concerned .....Tag this Judgment!
Court : Sri Lanka Supreme Court
Decided on : Jan-29-2009
..... . learned counsel invited the attention of court to a11 containing the notes of the inquiry held on 19th june 1985 and the recommendation of the commissioner dated 5th august 1985 constituting, what learned counsel described as the reasoning for the divesting of 43 2/2? which disclosed that the house in question was indeed being divested on account of the birth ..... and a swiss national to whom he was presumably married at the relevant time in london, england on 1st june 1977. there is paucity of evidence as regards pascal?s citizenship status or his place of residence, but it is clear that in april 1999 at the time when the commissioner notified the respondent of his decision to vest the house .....Tag this Judgment!
Court : House of Lords
Decided on : Jun-10-2009
..... do not, or do not necessarily, amount to a deprivation of the liberty of the individual against whom they are made but undeniably are capable of constituting a serious impediment to the ability of that individual to enjoy many of the freedoms and pleasures of an ordinary life in this country. 91. as ..... to impose, or to confirm the imposition of, onerous obligations on individuals on grounds and evidence of which they are not and cannot be informed constitute a fair hearing? the judgment of the grand chamber in a v united kingdom has made clear that, for the purpose of strasbourg jurisprudence and article ..... course, open to parliament to enact legislation that is incompatible with one or more of the convention rights. the ability to do so is inherent in the constitutional role of a sovereign parliament. one of the issues which these appeals appeared to me, when i first read the papers, to raise was whether that ..... means that he must be told their gist. that analysis, which seeks to combine the approach of lord bingham with that of the other three who constituted the majority, must now be read subject to this crucial modification: there is no room for an exception where it is thought that the controlled person ..... mb  ac 440, para 30 he drew attention to mclachlin cjs observation for the supreme court of canada in charkaoui v canada (minister of citizenship and immigration)  1 scr 350, para 53, that a person whose liberty is in jeopardy must know the case he has to meet and to .....Tag this Judgment!
Court : Authority for Advance Rulings
Decided on : Nov-30-2009
..... this convention, the term ??resident ? of a contracting state ? means any person who, under the laws of that state, is liable to tax therein by reason of his domicile, residence, citizenship, place of management, place of incorporation or any other criterion of a similar nature ? ? ? ? ? ? .. ? in order to clarify the position, the applicant has filed a certificate from ..... for initial inspection of packages deemed suspicious. the recommendation of this report is to move forward with commercialization with a very targeted focus. research uncovered a company in india which is very interested in discussions about licensing. research has also uncovered two individuals who might have interest in a strategic alliance as a product representative for the drdo ..... perform the technical function himself in future, without the help of the service provider. ? the interpretation of the expression ??make available ? is found in the mou to the india-us dtaa itself. the following passage in the mou clearly brings out the meaning of that expression: ? generally speaking, technology will be considered ??made available when the person acquiring ..... within the scope of the term ??resident ? as defined in article 4 of the ??convention between the government of united state of america and the government of the republic of india for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income ? (hereinafter referred to as ??dtaa ? ). the concerned commissioner has .....Tag this Judgment!