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Judgment Search Results Home > Cases Phrase: income tax act Court: uk supreme court Year: 2012 Page 3 of about 33 results (0.035 seconds)

Mar 28 2012 (FN)

Vartelas Vs. Holder

Court : US Supreme Court

Decided on : Mar-28-2012

..... full display in its attempts to distinguish 1101(a)(13)(c)(v) from similar statutes. take, for example, the court s discussion of the racketeer influenced and corrupt organizations act (rico). that act, which targets patterns of racketeering, expressly defines those patterns to include some pre-enactment conduct. see 18 u. s. c. 1961(5). courts interpreting rico therefore need ..... the immigration judge denying his application found that vartelas had made frequent trips to greece and had remained there for long periods of time, that he was a serious tax evader, that he had offered testimony that was close to incredible, and that he had not shown hardship to himself or his estranged wife and children should he be ..... rather, they address dangers that arise postenactment: sex offenders with a history of child molestation working in close proximity to children, and men-tally unstable persons purchasing guns. the act of flying to greece, in contrast, does not render a lawful permanent resident like vartelas hazardous. nor is it plausible that congress solution to the problem of dangerous lawful ..... discrimination authorizing compensatory and punitive damages applied to pre-enactment conduct. the court held it did not. no doubt the complaint against the employer charged discrimination that violated the act at the time it occurred. but compensatory and punitive damages were not then available remedies. the later provision for such damages, the court determined, operated prospectively only, and .....

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Feb 22 2012 (FN)

Messerschmidt Vs. Millender

Court : US Supreme Court

Decided on : Feb-22-2012

..... the case. 11 under california law, magistrates are the officials responsible for issuing search warrants. cal. penal code ann. 1523 (west 2011). 12 to be clear, no one suggests petitioners acted with malice or intended to be misleading in omitting . . . facts, ante, at 10, n. 2, that illustrate why it would have been objectively unreasonable to search for the reasons ..... the crime scene that reasonably might have led different officers to search for different reasons. that analysis, however, is far removed from qualified immunity s proper focus on whether petitioners acted in an objectively reasonable manner. because petitioners did not, i would affirm the judgment of the court of appeals. notes 1 not even the court defends the warrant s ..... it is a sound presumption that the magistrate is more qualified than the police officer to make a probable cause determination, and it goes without saying that where a magistrate acts mistakenly in issuing a warrant but within the range of professional competence of a magistrate, the officer who requested the warrant cannot be held liable (internal quotation marks and citation ..... alleged fourth amendment violation involves a search or seizure pursuant to a warrant, the fact that a neutral magistrate has issued a warrant is the clearest indication that the officers acted in an objectively reasonable manner, or in objective good faith. united states v. leon, 468 u. s. 897 923. nonetheless, that fact does not end the inquiry into objective .....

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Dec 12 2012 (FN)

X Vs. Mid Sussex Citizens Advice Bureau and Another

Court : UK Supreme Court

Decided on : Dec-12-2012

..... that in meyers v adjudication officer (case c-116/94) [1995] ecr i-2131 the court of justice held that a social security benefit designed to keep low income workers in employment or to encourage them into employment was within the scope of directive 76/207/ec, not only as being directly related to access to employment, but ..... sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation." article 19(1) tfeu is in similar terms (with the difference that the council now acts unanimously in accordance with a special legislative procedure and after obtaining the consent of the parliament). 13. the framework directive commences with recitals, which include: "(4) . convention no ..... intervener, other organisations associated with volunteering have written to the respondents' solicitors to support the cab's case that volunteers are outside the scope of protection under the act and framework directive, namely the association of chief executives of voluntary organisations, groundwork uk and volunteering england. their objections are that an opposite conclusion would undermine the nature ..... , as a volunteer, outside the scope of the protection against discrimination on the grounds of disability intended to be provided under (at the relevant time) the disability discrimination act 1995 and council directive 2000/78/ec establishing a general framework for equal treatment in employment and occupation (the "framework directive"). 6. the appellant now appeals with permission .....

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Jun 25 2012 (FN)

Arizona Vs. United States

Court : US Supreme Court

Decided on : Jun-25-2012

..... are nothing more than agency policy. i am aware of no decision of this court recognizing that mere policy can have pre-emptive force. cf. barclays bank plc v. franchise tax bd. of cal., 512 u. s. 298, 330 (1994) (holding that executive branch communications that express federal policy but lack the force of law cannot render unconstitutional an ..... kentucky resolutions of 1798, reprinted in j. powell, languages of power: a sourcebook of early american constitutional history 131 (1991). madison s virginia resolutions likewise contended that the alien act purported to give the president a power nowhere delegated to the federal government. virginia resolutions of 1798, reprinted in powell, supra, at 134 (emphasis omitted). notably, moreover, the federalist ..... proponents of the act defended it primarily on the ground that [t]he removal of aliens is the usual preliminary of hostility and could therefore be justified in exercise of the federal government s ..... even complementary state regulation is impermissible. pp. 8 11. (b) section 5(c) s criminal penalty stands as an obstacle to the federal regulatory system. the immigration reform and control act of 1986 (irca), a comprehensive framework for combating the employment of illegal aliens, hoffman plastic compounds, inc. v. nlrb, 535 u. s. 137 , makes it illegal for employers .....

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Mar 26 2012 (FN)

Zivotofsky Vs. Clinton

Court : US Supreme Court

Decided on : Mar-26-2012

..... (indeed, the statutory provision before us is a subsection of a section that concerns the relation between jerusalem and the state of israel. see 214 of the foreign relations authorization act, fiscal year 2003, 116stat. 1365 ( united states policy with respect to jerusalem as the capital of israel ).) the constitution primarily delegates the foreign affairs powers to the political ..... dispute calls for decisionmaking beyond courts competence. the judicial power created by article iii, 1, of the constitution is not whatever judges choose to do, but rather the power to act in the manner traditional for english and american courts. vieth v. jubelirer, 541 u. s. 267, 278 (2004) (plurality opinion). that traditional role involves the application of ..... the unitary executive branch. statement on signing the foreign relations authorization act, fiscal year 2003, public papers of the presidents, george w. bush, vol. 2, sept. 30, 2002, p. 1698 (2005). he added that if the section is construed ..... (d) sought to override this instruction by allowing citizens born in jerusalem to have israel recorded on their passports if they wish. in signing the foreign relations authorization act into law, president george w. bush stated his belief that 214 impermissibly interferes with the president s constitutional authority to conduct the nation s foreign affairs and to supervise .....

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Jun 18 2012 (FN)

Match-e-be-nash-she-wish Band of Pottawatomi Indians Vs. Patchak

Court : US Supreme Court

Decided on : Jun-18-2012

..... the question of whether he has standing. 7 trust status, for instance, is a prerequisite to making lands eligible for various federal incentives and tax credits closely tied to economic development. see, e.g., app. 56. delayed suits will also inhibit tribes from investing in uses other ..... 18,082 18,083 (1996). that deadline promoted finality and security necessary preconditions for the investment and economic development that are central goals of the indian reorganization act. ante, at 16. [ 7 ] today s result will promote the opposite, retarding tribes ability to develop land until the apa s 6-year ..... 314 322 (1894) (emphasis added). section 2409a is broader, requiring neither prerequisite. moreover, as the majority tells us, see ante, at 7, an act to quiet title is universally understood as a proceeding to establish a plaintiff s title to land. black s law dictionary 34 (9th ed. 2009) (emphasis ..... the executive branch intended the scheme to be the exclusive procedure for resolving property title disputes involving the united states. see id., at 285 (describing act as a careful and thorough remedial scheme ); s. rep. no. 92 575, at 4 ( 2409a provides a complete, thoughtful approach to the ..... took title to the bradley property in 2009. respondent david patchak, who lives near the bradley property, filed suit under the administrative procedure act (apa), asserting that 465 did not authorize the secretary to acquire the property because the band was not a federally recognized tribe when the .....

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Mar 20 2012 (FN)

Coleman Vs. Court of Appeals of Md.

Court : US Supreme Court

Decided on : Mar-20-2012

..... of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work . . . . , . 3 lenhoff advanced the parental and disability act of 1985, introduced by rep. patricia schroeder. see s. wisensale, family leave policy: the political economy of work and family in america 136 138 (2001). she was later named vice ..... . govt. code ann. 12945(a)(1) (west supp. 2012). the california law sharply divided women s rights ad- vocates. equal-treatment feminists asserted it violated the pregnancy discrimination act s (pda) commitment to treating pregnancy the same as other disabilities. [ 2 ] it did so by requiring leave only for disability caused by pregnancy and childbirth, thereby treating pregnancy ..... u. s., at 642 ( [t]he legislative record still provides little support for the prop- osition that congress sought to remedy a fourteenth amendment violation in enacting the patent remedy act ); kimel, 528 u. s., at 88 ( one means by which we have made such a determination . . . is by examining the legislative record containing the reasons for congress action ..... prevent conduct transgressing the fourteenth amendment s substantive provisions. florida prepaid postsecondary ed. expense bd. v. college savings bank, 527 u. s. 627, 639 (1999) . whether a congressional act passed under 5 can impose monetary liability upon states requires an assessment of both the evil or wrong that congress intended to remedy, ibid., and the means congress adopted to .....

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Jan 18 2012 (FN)

Golan Vs. Holder

Court : US Supreme Court

Decided on : Jan-18-2012

..... like those protected by 514 would necessarily have already entered the public domain . . . . ). 25 but see brief for motion picture association of america as amicus curiae 27 (observing that income from existing works can finance the creation and publication of new works); eldred, 537 u. s., at 208, n. 15 (noting that noah webster supported his entire family from the ..... to use a copyrighted work, and the ability to charge that fee encourages the production of new material. in this sense, a copyright is, in macaulay s words, a tax on readers for the purpose of giving a bounty to writers a bounty designed to encourage new production. as the court said in eldred, [t]he economic philosophy behind ..... perpetual copyright regime. pp. 13 15. (b) historical practice corroborates the court s reading of the copyright clause to permit the protection of previously unprotected works. in the copyright act of 1790, the first congress protected works that had been freely reproducible under state copyright laws. subsequent actions confirm that congress has not understood the copyright clause to preclude protection ..... work. (4) commencement of infringement for reliance parties. for purposes of section 412, in the case of reliance parties, infringement shall be deemed to have commenced before registration when acts which would have constituted infringement had the restored work been subject to copyright were commenced before the date of restoration. (e) notices of intent to enforce a restored copyright. ( .....

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Oct 24 2012 (FN)

Birmingham City Council Vs. Abdulla and Others

Court : UK Supreme Court

Decided on : Oct-24-2012

..... a limitation period under the general law in cases of fraud and concealment. there was, however, no corresponding provision applicable to equal treatment claims under the equal pay act, even in cases of concealment. over the years parliament has introduced other grounds of deferral into the general law of limitation. it is, however, notable that the ..... in them, but for the disembodied interests of justice. it can be assumed that they were significant factors in parliament's decision, when enacting the equal pay act 1970, to confer jurisdiction upon them in equal treatment cases. their specialist expertise in employment practice was perhaps of particular value in these cases, because they commonly ..... (ii) providing for special periods of limitation to apply to such claims in those tribunals. 40. employment tribunals (originally "industrial tribunals") were established by the industrial training act 1964, initially for the limited purpose of hearing appeals against the imposition of industrial training levies. their jurisdiction has always been wholly statutory, but it has been progressively expanded ..... 000 part-time workers, mainly women, complained to the tribunal that their exclusion from their employers' pension schemes infringed the equality clause introduced into their contracts by the act. acknowledging their own obligation to make the appropriate back-dated contributions into them, they sought recognition of their entitlement to membership of the schemes, to be backdated over .....

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Mar 20 2012 (FN)

Roberts Vs. Sea-land Services, Inc.

Court : US Supreme Court

Decided on : Mar-20-2012

..... certiorari to the united states court of appeals for the ninth circuit [march 20, 2012] justice sotomayor delivered the opinion of the court. the longshore and harbor workers compensation act (lhwca or act), ch. 509, 44stat. 1424, as amended, 33 u. s. c. 901 et seq., caps benefits for most types of dis- ability at twice the national average weekly ..... (slip op., at 19) (statute awards good-time credits to federal prisoners); new energy co. of ind. v. limbach, 486 u. s. 269, 271 (1988) (ohio statute awards a tax credit ); pacific employers ins. co. v. industrial accident comm n, 306 u. s. 493, 500 (1939) (california workers compensation statute award[s] compensation for injuries to an employee ); see ..... 914(a) (requiring employers to pay compensation periodically, promptly, and directly ); estate of cowart v. nicklos drilling co., 505 u. s. 469, 498 (1992) (blackmun, j., dissenting) ( [t]he act presumes that em- ployers, as a rule, will promptly recognize their lhwca obligations and commence payments immediately. ). under my interpretation, an employer who chooses to contest a valid claim, rather ..... specific question: when has a particular employee been newly awarded compensation. in that context, equating awarded compensation with statutorily entitled to compensation is not plausible. a person covered by the act would not likely say he was awarded com- pensation the moment he became disabled, if, in fact, his employer contests liability. only after some entity the employer, an alj .....

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