homicide english law english law contains homicide offences acts involving death person crime considered homicide place victim legally recognised birth legal death usually requirement victim queen peace death linked actions defendant abolition year day rule maximum time period act committed victim death long caused general types homicide murder murder requires intention kill intention commit harm intention present certain types factors loss control diminished responsibility suicide pact voluntary types firstly unlawful act lesser inherently criminal dangerous act caused death alternatively caused gross defendant broken duty care victim breach led death sufficiently gross warrant general features death harm dealt particularly seriously english law example crime murder uniquely carries mandatory sentence life imprisonment regardless degree defendant morally provided legally use example causing injury dangerous driving carries maximum sentence years causing death dangerous driving carries fourteen years involve elements defining feature firstly victim legally defined human death caused act omission human beings occur queen peace relates jurisdiction birth death late stage pregnancy protected law homicide offences created prevent harm qualify victim independent existence confirmed attorney general reference viable survived born offence committed confused rationale appears match complicated moral biological distinction based huge social significance placed birth law unlikely change article european convention human rights interpreted conflict english law instead france european court human rights ruled definitions margin appreciation set aside national law death child birth injuries sustained birth constitute murder intent child die birth present forms homicide applicable legislation defines death occurred trust bland cessation brain stem function form brain death considered definition house_of_lords medical law example right remove organs decision unlikely overturned criminal law revision committee declined propose legal definition fear wide impact disparate branches law changing basis medical science bland person persistent state considered alive accordingly brain stem cessation unlikely sufficient death normal rules apply strained compared moral issues importance cases homicide defendant found guilty hostage human shield killed police returning fire defendant actions free voluntary informed operating definition upheld kennedy defendant acquitted intervening act known judges cases including adams appear confuse motive strong moral clear defendant doubted mental element die point murder mere acceleration death adams question life shortening care approached need provide suitable reason distinguish doctor murderer ultimately special defence created homicide brought act omission baker notes evans holds person merely create dangerous situation person held liable homicide offence self results death evans sister intervening choice self independent self injection direct cause dangerous situation evans pre existing duty care grounded act supply awareness fact act supply facilitated creation dangerous life threatening situation evans create dangerous situation merely indirect contribution dangerous situation furthermore merely supplied drugs left scene remained ignorant fact act supply resulted dangerous situation act mere supply sufficient conviction gross baker dennis liability homicide offences kennedy evans journal criminal law available abstract baker argues evans evans year old woman purchased heroin supplied year old sister self injected house resided evans defendant mother drug developed complained symptoms consistent evans appreciated condition indicative mother convicted believed responsible care described later interview police seen lips turned blue mess incapable responding attempts speak mother decided seek medical assistance feared possibly trouble instead bed hope recovery defendant mother checked occasionally slept room died night medical evidence demonstrated cause death heroin poisoning evans charged lord judge held evans assisted evans create dangerous situation aware danger assisted bring factors gave rise duty reasonable rescue mother convicted basis parental duty required reasonable steps summon assistance evans older half sister covered parental duty doctrine instead new law catch conduct new law mere assistance gives rise duty care evans assisted sister supplying drug duty summon help realised sister category duty newly arguably courts create situations declare relationships roommate roommate duty imposed breach categories regarded closed cases covered aforementioned duties rise duty care conduct evans assisting create dangerous situation covered miller doctrine act directly creates dangerous situation category duty set stone court appeal held evans duty care wrong applying miller case court extended miller doctrine cover mere applied new doctrine category duty created evans ruling holds judges extend common law offences cover new forms conduct thing apply existing doctrine new facts apply different conduct assistance dennis baker williams textbook criminal law london sweet specific rules apply acts homicide omission criminal defendant fails prevent death victim duty defendant capacity noted unlawful excluded unlawful act like areas duty care owed following evans dangerous situation results victim death caused defendant medical professionals relieved responsibility sustain patient life terminating life support legally classified omission features year day rule abolished england wales law reform year day rule act matter practice defendant prosecuted initial offence example offence person accordingly attorney general consent required years defendant prosecuted circumstances alleged resulted victim death person queen peace victim homicide includes killing alien enemies time war murder committed british citizen english northern irish court regardless crime took place true committed british ships aircraft regardless statutory provisions extend jurisdiction types foreign ships case murder terrorist activities crimes committed overseas generally dealt home jurisdiction offences person act formally brings offences british citizen jurisdiction british courts queen peace rule retained defences killing person unlawful defences open defendant self defence carrying activity example fully qualified doctor carrying abortion required circumstances result unlawful homicide child born alive consent relevant forms homicide murder murder murder defined despite recognised crime certainly prohibited act murder causing death person fits general provisions homicide mental element murder long held took meaning required mental state murder required killing murder required mental component marks murder mental element taken intention kill intention inflict harm harm harm extension intention inflict harm criticised remained place despite legal challenges case minority lord lord removed judges reference abolition homicide act causing death whilst committing resisting arrest believing rule harm hang old system concluded legislative intervention abolish form murder law commission proposed change law enacted current law judged compatible article european convention human rights relation northern_ireland defended reference actor taking responsibility actions consequences merely appropriate response intent defendant surely intended actions reasonable person knowing defendant knew death result insufficient allowed form intent smith case considered overturned following legislative changes recent cases leave room doubt issue core intent defendant acted cause harm victim defendant acted achieve aim death caused necessary means end general jury directed intent taken meaning ordinary life judge attempt define terms following possible jury convict feel sure death injury virtual certainty barring intervention result defendant actions defendant appreciated case known oblique intent despite appearing present alternative primary core sense intent courts generally seen allowing jury core intent evidence virtual certainty jury entitled convict circumstances directed finding virtual certainty convict difficult imagine circumstances jury find virtual certainty convict support factor exception medical care mentioned general principle homicide mandatory life sentence murder england wales david describes evidence instead giving judges discretion impose life sentence lesser term overwhelming murders murderers differ greatly crime government likely institute reform role home secretary deciding minimum time spent jail successfully challenged reference home secretary anderson mandatory life sentence judged compatible sentencing release life prisoners reformed criminal justice act previously deaths murder classified law requires death fit particular type modern retain wide scope main forms english law voluntary cases murder legally recognised factor includes cases gross unlawful act voluntary types voluntary resulting loss self control resulting defined diminished responsibility killing suicide pact loss control defined sections justice act section common law defence dealt murder mandatory life sentence voluntary defence operates defendant principal accomplice broadly speaking defendant actually lost self control trigger qualifying trigger normal person lost control circumstances loss control need sudden considered desired revenge loss control test asks defendant actually lost control loss control led killing qualifying trigger forms combination killing defendant fear violence victim defendant identified person defendant loss self control thing things said constituted circumstances extremely grave character caused defendant sense seriously meaning terms extremely grave character sense seriously second form currently unclear section requires person defendant sex age normal degree tolerance self restraint circumstances defendant reacted similar way defendant issues complicated directing jury issues loss control likely difficult diminished responsibility occurs defendant mental functioning recognised medical condition substantially defendant ability nature conduct form rational judgment exercise self control provide explanation defendant actions sort link required defendant condition acts change previous law sullivan argued clearly provision earlier law worried wording section taken better suited psychiatric help outside prison killing suicide pact defendant settled intention committing suicide necessarily act partial defence murder intend pact time killing later jury satisfied killing attributed defendant charge encouraging assisting suicide substituted charge murder voluntary involves causing death person intent kill intention commit harm cases form similar murder cases whilst death caused defendant liable insignificant crime unlawful act unlawful act results continuation aspects murder rule abolished english law rule civil criminal held responsible death caused huge scope narrowed remains broad requires criminal act causes death act inherently criminal act dangerous civil liability insufficient result deemed sense greater crime constructed lesser typical case non fatal offence person causes death criminal act omission following acts equally extension need intent illegal huge class persons cases parental neglect dealt gross judges failed identify single unlawful act crime constructed assuming presence particular circumstances required mental element crime cases actually formally established low requirement unlawful act means defence available defendant respect lesser crime act inherently criminal case point defendant killed whilst driving dangerously fact driving dangerous crime driving accordingly removed driving regulatory offences scope separate rules causing death dangerous driving regulatory offences commentators took excluding strict liability cases contrary exact wording judgment separate case called convicted defendant based strict liability offence alternative proposition supported gross exists form driver sufficiently liable provides additional reason exclude cases requirement action dangerous confirmed applied previous reasoning church unlawful act sober reasonable people inevitably recognise act subject person risk harm resulting albeit harm completely objective test defendant particular danger requires create risk harm ordinary person knows defendant relation victim ball create class dangerous act jury knew defendant case whilst defendant knew loading blank cartridge jury entitled knowledge live cartridge reasonable man criticised necessary act need directed victim killing innocent mistake act linked death case offence person usually obvious controversial cases founded drug possession crimes involving subsequent injection drug gross gross requires greater level wrongdoing civil requires defendant owed duty care victim judge decide facts duty created rules typically example defendant duty act account obliged close gates railway crossing similar duties include doctor patients work parents children developed recently police officer persons arrests included criminal enterprise attract liability civil law defendant liable omission act legal duty act duty care needed andrew criticised nature duty care requirement decision making retrospective worst duty care duty act required shown jury asked following lord having regard risk death involved conduct defendant bad circumstances criminal act omission elements firstly breach duty care relate risk death confirmed lesser harm words breach duty care cause victim death secondly breach duty care crime example fact defendant failed spot problem victim breathing tube minutes expert evidence suggested competent spot thirty seconds defendant convicted definition opposed circular defining crime gross criminal degree jury characterisation ruling point law point fact


point land claim point land claim series lawsuits brought chief nephew stephen died year tribe lost remaining territory new_york state courts claiming point behalf indians long_island rail road predecessors title suit tribe indians long_island brought tribe dismissed tribe explicitly authorized state sue recommended division opinion second suit johnson long_island brought eugene johnson citizen tribal member new_york court appeals previous division held individual indian tribe sue court enabling legislation tribe failed efforts convince federal government pass legislation enabling tribe bring claim federal court state passed statute enabling tribe sue brought suit tribe reaching merits new_york courts held tribe longer existed transactions valid litigation failed efforts obtain compensation federal state government land question come held public parks background circa tribe began renting point company company took possession grazing paid tribe circa shareholders company disagreed lands continue leased robert sued edward baker partition division baker court ordered lands sold public auction subject claim proceeds distributed equally non indian tribe auction took place home parsons arthur bought acres km2 auction turn sold acres km2 land long_island rail road hired negotiate removal living reservation later senate sub committee hearing testified indians remained reservation time including future chief years old time mother brothers later experienced change heart claim turning letters testified compensated mother semi annual houses inherited brothers arthur viewed private playground death son approached austin president controlling long_island rail road charles standard oil possibility fathers opening development point purchased october chief returned research trip brooklyn washington gather evidence pursue claim declared intentions undertake hunting trip disputed land initiate lawsuit interfered new_york_times blamed chief dispute king tribe indians given living members tribe wealthy instead poor fighting rights desperate hope regaining claim heritage tribe indians long_island app supreme_court chief behalf tribe filed suit stating cause action february proof tribal status tribe cited partition action decided judge united_states census complaint valued land approximately june judge moses smith new_york supreme_court set hearing date june hear oral arguments defendants matter transferred judge samuel brooklyn judge granted dismissing action allowing tribe paid costs division represented judge george curtis filed notice appeal december division case argued francis morrison boston lawyers brief alfred argued behalf william kelly brief division panel consisted judges hatch division second department unanimously affirmed judgment suffolk special term april citing strong nation indians judge noted provision law bringing recover possession indians body tribe indians corporate institute suit judge suggested tribe petition legislature enabling legislation allow sue tribe individual members bring suit johnson long_island supreme_court eugene johnson citizen descent member tribe birth brought similar suit behalf similarly interested special term sustained division divided panel division second department reversed july opinion joined judge division held right maintain action present form free doubt brought accordance view expressed prior appeal think adhere decision allow question finally determined court appeals court appeals division certified questions court appeals action legal capacity sue defect parties action members alleged tribe indians parties complaint state facts sufficient constitute cause action court appeals morrison argued kelly argued new_york court appeals reversed division affirmed special term april court answered certified questions negative costs party judge edward joined judges brien albert martin held johnson capacity bring suit tribe behalf court held indians state right sue conferred statute decision holding action maintained tribe individual member thereof behalf come contribute contrary policy practice long established treatment indian tribes regarded state generally speaking possessed rights appear courts justice conferred statute chief judge parker concurred result separate opinion judges opinion senate indian affairs sub committee hearing chief representatives tribe tribe tribe testified sub committee senate indian affairs committee september fifth avenue hotel sub committee consisted senators john addition indians eugene johnson james council john council david council maria william johnson tribe spectators johnson testified living members tribe johnson testified new_york state legislature denied hearing persons johnson argued property consent new_york federal government valued disputed property tribes requested special legislation allow bring land claims fraud united_states circuit court claimed acres km2 point square mile tract near bay reservation near connecticut morrison continued represent tribes hearing state enabling legislation bill granting permission sue introduced february lawyer charles key bill april new_york legislature passed statute enabling tribe bring suit act contained following question existence tribe indians shall question law fact determined court judge interpreted act providing act tribal rights individuals question existence tribe determined court supreme_court enabling act chief brought suit behalf tribe named defendants jane ann mary arthur john henry trustees frank mary company dock improvement company alfred extension railroad company long_island rail road area acres km2 named complaint acres km2 adjacent chief represented lawrence counsel defendants represented mason austin dock improvement mason henry alfred joseph according new_york_times lawyers fees long supposed eclipsed value land litigation trial took place jury judge supreme_court suffolk county special term fourteen sixteen living men appeared witnesses trial judge ruled october according individually conveyed lands claims arthur exchange received plus acres east plus divided capita judge relied december patent granted governor thomas east granting exclusive right purchase indian lands area separately purchased fee rights descendants judge held longer tribe long period number indians greatly reduced blood mixed indian traits internal government lived sort life hunting fishing ground indian fashion witness called leaving long periods working capacity whites division appeal found new lawyer allen division composed judges rich affirmed october appeal represented allen defendants represented charles carpenter alexander mason george austin brief judge unanimous court wrote opinion court appeals court appeals composed chief judge frank harris judges chase frederick william john frederick crane affirmed opinion january costs aftermath federal lobbying departed washington passage state enabling legislation interior department endorsed idea july january senator james representative homer introduced legislation asked interior secretary report congress tribal status merits land claim secretary prepared report agreeing conclusions judge new_york courts senate committee indian affairs received report april introduced bill june bill committee represented bell lloyd filed letter intent branch research bureau indian affairs step federal recognition petition recognition submitted june tribe received request documents january state lobbying february new_york state john connor introduced legislation compensate bill excluded james waters members bill created person committee composed assembly members state senator determine land claim bill reached floor burial grounds fort hill associates signal hill associates applied town east permit build homes north neck hill ancestral burial ground quoted new_york_times east town supervisor said cares bunch dead indians won temporary injunction court july november town board voted purchase acres million preserve burial ground developers announced plans touching different burial ground north neck protests town government agreed preserve site state parks federal government announced plans sell air_force station acres km2 air_force installation south point real estate developers new_york state town east sued block sale land eventually turned new_york state park service camp hero state park state purchased acres km2 woods created hills state park state purchased acres km2 augment park


province incident province incident killing september injured royal marines royal marines known trial marines anonymously tried court martial november marines acquitted marine found guilty murder section armed forces act british soldier convicted battlefield murder whilst serving abroad second world war december lord chief justice lord thomas high_court judges lifted existing order marine allowing named sergeant alexander wayne december sentenced life imprisonment minimum term years dismissed disgrace british armed forces court appeal reduced minimum term years december order marines lifted court named corporal christopher watson marine jack alexander hammond october ministry defence banned large number serving soldiers attending rally support sergeant saying event political protest lawyers representing rally organisers stated case event support fellow royal marines political protest related online government petition raised signatures calling sergeant immediate release stating soldier condemned defending country hours decision michael minister defence government statement saying maintain military operations afghanistan future murder incident took place province operation british effort war afghanistan commando royal marines marine patrol came fighter field wounded helicopter gunfire ordered moved sight british persistent ground surveillance system camera balloon british forward operating base covering area patrol sent video evidence played marines subsequent trial shows patrol dragging man field kicking ordered marine stop aid eventually shot man chest pistol saying shuffle mortal wouldn added broke geneva convention criminal trial sentencing september incident continued tour duty leaving province late october october decision service prosecution authority marines charged murder unnamed lead came british civilian police discovered suspicious video footage marines charges dropped february marines appeared court august entered guilty plea military trial marines protected view court screen order began october lasted weeks court martial board equivalent jury civilian justice system seven members strong instead cases verdict november sentence december delivered military court centre wiltshire judge advocate civilian judge heading panel court martial judge advocate general jeff verdict carried mandatory life sentence judge advocate court martial board power decide minimum sentence board found guilty sentenced minimum years prison courts martial appeal court senior judge lord chief justice lord thomas upheld life sentence reduced minimum term years orders running parallel marines criminal trial legal proceedings relating defendants autumn judges advocate issued orders marine defendants risk named defendants targets terrorists opposed elements media lawyer press association argued orders issued case firstly british military award recipients named media previously targeted secondly names british service personnel investigated following death similarly protected orders upheld beginning trial october order lifted hitherto marine december high_court senior figure involved verdict lord chief justice lord thomas ruling identities marines revealed submit appeal supreme_court appeal lodged set deadline december marine named corporal christopher watson marine named marine jack alexander hammond marines upheld december pending order judge advocate general jeff restricted public access evidence trial releasing november audio clips video played court martial board ruling video released increase threat harm british service personnel december court martial appeal court upheld earlier decisions prohibiting release video footage attack court stated prohibition prevent material posing risk life defendants reactions legal proceedings relating marines garnered widespread british public media attention reacting marine guilty verdict royal marines brigadier bill called murder shocking consistent values standards royal marines isolated incident general sir mike jackson said case marine guilty verdict led showing public support marine people creating social media groups online petitions alternately asking given sentence calling release daily_telegraph supported petition sentenced years general sir nick called actions crime commented murder murder contrast commanding officer lieutenant colonel simon commando said letter read court lapse judgment bad man added support said statement devastated sorry damage caused royal marines september colonel oliver lee commanding officer commando resigned protest treatment


health worker trials health worker trials series legal cases doctors nurses faced charges actions uprising september health workers convicted military court including weapons plotting overthrow government remaining charged tried separately following month sentences overturned announced defendants civilian court began march postponed june convictions defendants reduced court upheld sentences remaining october case drew international attention criticism organizations including united_nations world medical association international council nurses amnesty international human rights watch expressing concern health workers military trials sentences independent commission organized king concluded november detained health workers subject torture abuse police detention role health workers uprising beginning february saw sustained pro democracy protests centered pearl roundabout capital wider arab spring authorities responded night raid february later referred protesters bloody thursday left protesters dead injured health workers played important role documenting injuries time denied government example appeared television news state describing man 60s died hospital head wound received police started shouting hell guy old man deserve later stated following arrest centered television appearance medical complex doctors joined protests speaking protesters media hospital stairs authorities blocked bringing injured protesters care military responded naming hospital opposition stronghold taking march arrests charges march april health workers arrested variety charges actions protests additional arrested total number arrested health workers exceeded seventy ali arrested performing surgery medical complex charges doctors included occupying hospital weapons spreading lies false news hatred rulers calling overthrow treatment government additionally alleged blood hospital blood banks wounds health workers transported weapons protesters ambulance confiscated inside hospital police raid state media described defendants having terrorist aim according prosecutor case acted group organizing staff oppose government known previous uprising january trip strip provide aid war return received number awards including king arrest stated persecuted comments media police violence know witnessed crimes regime stood strong injured people talked media like doctors speak defendants denied charges maintained accusations politically motivated joint statement held crime unrest earlier year outspoken witnesses brutal treatment security forces responded people prefer play politics doctors doctors treat people spokesman information affairs authority stated health workers stories collaborating hard liners attempted coup british journalist robert present protests accused government doctors saw patients blood desperately trying staunch bullet wounds pro democracy shot cold blood soldiers police trial fine medical men women trying monarchy idea defendants guilty vicious charge insane total total opposite truth response information affairs authority threatened libel action supported government account occupied floor hospital rejected claim supplied protesters weapons stated evidence supporting allegations denied health care patients hardly conclusive english trials trials health workers facing charges found guilty sentenced september military national safety court instance according international federation human rights trial lasted minutes thirteen received sentences years imprisonment sentenced years sentenced years sentences blow hopes human rights groups lobbying health workers behalf predicted authorities ease stance releasing defendants bail defendants scheduled civilian courts widespread international criticism prosecutor office stated defendants confessions allegedly given torture evidence march information affairs authority announced criminal charges dropped referred review board decision reversed explanation following week trials postponed june june court acquitted downgraded sentences ali sentenced years imprisonment doctor years seven given month year doctors appeal sentences years imprisonment instead fleeing country october court country highest court closed case involving jail sentences remaining verdict final activist said pardoned king trials health workers charged convicted acquitted november convicted sentenced serve months prison pay march convictions overturned appeals court remaining health workers chosen appeal sentences torture health workers detained health workers stated ill treated tortured custody leading human rights watch amnesty international independent investigations authorities reportedly forced stand long periods beat boards rubber deprived sleep effort force confessions case prisoner alleged forced sign papers alleged beaten effort confess injuries protesters interview later identified distant relative king head nurse society alleged deliberately kicked guards spot told disc denied medical care happened meet police officer taught aid investigation human rights watch stated given electric hands face threatened rape described constantly beaten cables forced stand day stated remained days beaten hour alleged beaten children home time arrest eventually signed false confession custody authorities threatened harm family stated forced stand seven days beaten female officer officers tried force bottle verified subjected torture forms physical psychological abuse report stated tortured reactions domestic supporting government stood doctors accusing deliberately patient injuries cameras causing deaths protesters order discredit security personnel report said health workers refused treat patients instead positions support activists promoting causes international trials drew sustained international attention governments medical professional organizations human rights organizations issuing statements behalf health workers governments state department stated deeply disturbed sentences urged government commitment transparent judicial proceedings including fair trial access attorneys based credible evidence following conviction department said deeply disappointed acquitted convictions appear based defendants criticisms government actions policies united_nations secretary general ban moon expressed concern legality military trials calling government ensure application process respect international human rights norms spokesman high commissioner human rights noted office severe concerns process irregularities trials health worker organizations letter published guardian british medical association expressed deep concern convictions stating independent evidence points politically motivated trial demonstrated disregard proper judicial process fundamental principles medical neutrality australian medical association condemned describing defendants simply jobs places conflict doctors borders criticized doctors hospital joining protests described military response damaging medical neutrality group issued statement behalf health workers urging doctors nurses allowed provide healthcare line medical ethics fear world health organization expressed similar concerns stating health care workers able carry duty treat injured people regardless political affiliation times conflict international council nurses world medical association issued joint statement closed military trial stated belief doctors nurses ethical duty care patients race colour creed political affiliation health professional trial looking injured dying people royal college nursing wrote government health workers behalf sending direct video message support general secretary peter carter said job trying care people despite past ongoing human rights violations regime royal college ireland programme irish medical council led ceo caroline human rights organizations international human rights groups said accusations doctors treating injured protesters amnesty international described charges justice organization called letter writing campaign behalf convicted health workers stating belief charges politically motivated proceedings meet international fair trial standards health workers prisoners conscience following conviction amnesty said dark day justice named prisoners conscience freedom house called trials pattern repression promises reform honest political discourse government ruling family line defenders described arrests widespread pattern repression human rights watch protested alleged torture condemned called fundamental trials urged appeals court flawed convictions gulf centre human rights called king intervene personally immediately charges health workers dropped physicians human rights called health workers immediate release


united_states united_states united_states supreme_court case world war applied citizens united_states case arose implementation executive order military create zones exclusion west_coast united_states japanese americans subjected eventual removal relocation centers presidential order followed japanese attack pearl harbor brought america world war existing anti japanese sentiment country decision supreme_court held application citizens constitutional companion case united_states decided june court affirmed conviction court case district court sentencing lower court determined valid citizens citizenship working japanese decisions later united_states decisions determined legality war 1980s new information vacate conviction background september germany invaded neighboring poland starting world war years combat neutrality united_states drawn war active participant japanese attack pearl harbor december president franklin roosevelt responded fears fifth column composed japanese americans issuing executive order february executive order authorized military create zones exclusion relocate predominantly japanese heritage west_coast camps inland march general john commander western defense command set restrictions aliens japanese americans including born hood river oregon graduated high school graduated university oregon college law school army began working japanese chicago illinois remaining december resigned returned hood river march deliberately broke military implemented portland oregon walking downtown area presenting police station order test june judge james fee united_states district court district oregon began presiding non jury trial case challenging court trial held federal courthouse portland fee determined ruling issued november apply aliens martial law imposed government ruled worked japanese government citizenship apply fee sentenced year jail served county jail fine federal court decision constitutional war power issues news country appealed conviction united_states court appeals ninth circuit arguments case filed court certified question supreme_court united_states supreme_court ordered entire case decided court removing case consideration ninth circuit decision supreme_court heard arguments case charles arguing case united_states solicitor general min defense team included bernard portland los_angeles june court issued decision case united_states case citing chief justice stone wrote opinion court determined exclusion orders valid applied citizens united_states stone opinion pages contain opinions decision thirty pages opinions court affirmed conviction ordered sentencing lower court determined valid citizenship supreme_court returned case district court determine sentence light circumstances aftermath case returned judge fee revised earlier opinion strike ruling longer united_states citizen fee removed fine reduced sentence days time served released moved japanese camps united_states decided year overshadowed cases cases overturned supreme_court decisions questioned legal scholars war ended criticism included racist aspects cases later discovery officials united_states department justice lied court time trial february petitioned oregon federal district court writ error discovery department justice writ available people completed imprisonment challenge factual errors case claimed writ government withheld evidence original trial concerning threat japanese attack united_states mainland court dismissed original indictment conviction petition writ request government appealed decision dismiss petition ninth circuit court appeals dismissed appeal procedural grounds ninth circuit ultimately vacate conviction solicitor general office publicly confessed justice department ethical lapse supreme_court died november lawyers represented fred gordon successful efforts lower federal courts convictions violating military exclusion orders sent letter dated january solicitor general light appeal proceedings supreme obama lawyers asked request supreme_court decisions solicitor general request lawyers asked federal government clear federal government consider decisions valid precedent governmental military detention individuals groups process law


legal services legal services decision supreme_court united_states concerning funding restrictions imposed united_states congress issue restrictions legal services corporation private non profit corporation established congress restrictions prohibited attorneys representing clients attempting amend challenge existing welfare law case brought funded attorneys sought challenge existing welfare provisions believing way financial relief court ruled specific restriction violated free speech guarantees amendment united_states_constitution facilitated private speech restrictions simply regulate government speech restrictions blocked attempts change specific area law court held considered viewpoint neutral government prohibited making viewpoint based restrictions private speech reactions decision mixed congress republicans democrats decision law review articles argued use distortion principle decide violations free speech unconstitutional rule conditions funding speech advocacy contended court interpretation statute issue background history funding restriction major test federal government power funding restrictions based speech case sullivan supreme_court upheld restriction use department health human services funds counseling referring patients advocating use abortion services court reasoned restriction issue merely chose fund activity exclusion government private speakers transmit information pertaining government program years later court reviewed restriction time concerning funding restrictions imposed public university case university virginia government supported university sought funds religious student publications despite funding similar secular publications court said government seek shape funding support government message restrictive steps imposed exclusion particular viewpoint legal services corporation united_states congress passed legal services corporation act established purpose act provide government funded legal aid clients funded grants regional entities country congress amended act year bill imposing restrictions restrictions included filing class action lawsuits providing legal assistance immigrants particular types cases collecting attorney fees clients providing advocacy training programs attempting reform welfare laws restrictions affected small portion restrictions prohibited funding cases initiating legal representation participating way litigation lobbying involving effort reform federal state welfare system shall recipient representing individual eligible client seeking specific relief welfare agency relief involve effort amend challenge existing welfare law effect date initiation representation lower court proceedings lost welfare benefits government provisions temporary assistance families act attorney legal services claim legal services behalf filed suit united_states district court eastern district new_york seeking declaration provision act prohibiting challenges existing welfare law unconstitutional amendment argued way help challenging welfare system sought challenge provisions lost benefits challenge restrictions district court denied injunction court decision affirmed reversed united_states court appeals second circuit second circuit unanimously held welfare advocacy restriction unconstitutional upheld restrictions legal services challenged lobbying restriction vote second circuit rejected claim funding conditions illegitimate instead preferring restriction restriction analysis national asked supreme_court review writ arguing second circuit wrong striking welfare advocacy restriction supreme_court decision supreme_court heard oral arguments case october issuing decision months later court affirmed decision second circuit court appeals holding restriction pursuing welfare advocacy unconstitutional amendment vote justice kennedy delivered majority opinion distinguished supreme_court case sullivan upheld prohibition federally funded family planning services discussing abortion patients majority reasoned government attempting use funds express message purpose act promote diversity private views funding attempt restrict views court said government issue content neutral conditions speech specific prohibition welfare reform litigation viewpoint based restricted support welfare reform advocacy restriction speech legal advice stand result tiers cases lingering doubt truncated representation resulted complete analysis case advice client proper presentation court court criticized fact restriction barred attorneys participating courts attorney receiving funding able welfare claims challenged welfare rules preventing certain cases filed restriction imposed statute threatens severe judicial function congress rules conditions effect laws legitimate judicial challenge dissent justice decision court belief mandated ruling restriction chief justice william associate justices day connor thomas joined dissent wrote act federal program federal regulatory program regulations directly restrict speech subsidies disagreed majority contention viewpoint discrimination arguing specific viewpoint restricted concerned majority opinion indicate fondness concept reform courts dissent argued majority holding unprecedented time government limited advocating message reaction immediate reaction mixed members congress democratic supporters ruling optimistic future victories funding restrictions stating glad restriction fell decision opens attacks republicans congress condemned decision agreeing work representative steve said radar screen sure giving money sue new_york_times described decision end latest chapter certainly long political struggle federally financed program civil legal services poor parties involved case mixed reactions legal services corporation sought protect restrictions said immediately review regulations modify adhere court ruling quickly decision lawyer argued restriction supreme_court said ruling reads like amendment textbook subsequent developments weeks following decision supreme_court rejected appeals related restrictions engaged welfare reform litigation original injunction lifted case provided basis challenges restrictions imposed lobbying class action challenges rejected ninth circuit second circuit separate suits challenges failed relevant provisions regulate specific type advocacy example restriction collecting attorney fees raise speech issue speech involved process argument raised challenges court articulated new conditions principle distortion speech test argued require restrictions struck courts appeal reviewing claim rejected reading instead distortion speech test decision based application limited public forum principles government provides funds entity funding purpose encourage diversity private views act viewpoint neutral way programs funded manner treated public forum ability government restrict speech highly limited implications subsequent mandated new rules narrow broad restrictions imposed long basis viewpoint opinion restrictions based viewpoint upheld second broader scale government viewpoints instance funding private entity promote diversity views reason decision set important precedent government act speaker analysis commentary journal law politics article critical decision criticizing court claimed distinction speech restriction legal services corporation functional difference article highlighted problem court interpretation statute purpose hand stating assuming legislative purpose statutory interpretation text act support court understanding act purpose article noted court looked section act discussing attorneys protecting best interest clients section noted program free political pressures factor court reasoning understanding act purpose alleged error rest court analysis criticism article court rested decision separation powers determination court held restriction welfare advocacy cases disrupted vital relationship bar judiciary finding article argued connection preventing government lawyers arguing single point process rights concluded fundamental problems statutory interpretation lack credible distinction justice kennedy analysis renders opinion article maryland law review authored christopher lawyer maryland attorney general office critical decision concerned instead alleged lack clarity majority opinion discussed case law relating government speech examined described conditions doctrine certain conditions receiving federal funds upheld struck article turned distinction explained court distinguished involved facilitate private expression government message involved funding designed private speech critical question court characterization speech law promoted advocacy change welfare laws advance government message restriction placed essentially prohibited form private speech relationship asserted court set forth restriction distorted private speech distortion principle main criticism article dissent agreeing dissent wrote restriction create distortion private speech congress permitted form affiliate organizations considered legally separate notwithstanding difficulty organization classify affiliate entity argued real prevention speech ample alternative means message attacking distortion principle application argued principle legal concept place wrote regardless court rationale distortion principle determining amendment violation measuring government ways distorted medium usual functioning suggests forum functions created claimed distortion principle hypothetical example existence legal services corporation taking rationale logical ends wrote unconstitutional speech restriction congress substantially increased order allow cases functioning legal system distorted likely result dramatic increase federal courts mind concluded process court decided case process leading restriction finding purpose promoting government message contrast diversity private views article north_carolina law review argued kennedy majority opinion set forth understanding role attorney author criticized court thesis role attorney advocate restriction attorney served direct restriction advocacy rationale argued undermine balance abortion restrictions state regulations abortion access seen intrusion doctor patient speech blurred distinction privileged nature doctor patient conversations subjected future regulations limitations


gun gun gun law law bill private sale private sale exemption political terms united_states referring sales firearms private sellers including gun shows dubbed secondary market term refers concept federal law exists person sell resident state resides long know reasonable cause believe person prohibited receiving possessing firearms federal law private party sellers required perform background checks buyers gun venue required record sale ask identification requirement contrast sales gun stores federal firearms license holders required record sales perform background checks buyers regardless venue business location gun access background check system limited holders issued persons sell firearms gun shows mid-1990s gun control advocates voiced concern perceived legislation campaigned require background checks record keeping gun sales gun rights advocates stated current laws provide single uniform set rules commercial gun sellers regardless place sale united_states_constitution federal government regulate non commercial transfers legal firearms types private citizens view regulating private sales type location gun shows locations create exception law eliminate forcing private sales dealers having access background check system border universal registration referred bill law gun law private sale term refers laws allowing legal sales transfers firearms regulated national firearms act background checks private parties private party sellers legally required federal law ask identification complete forms sales records addition federal legislation laws vary state federal gun bills introduced seven consecutive specifically seven gun bills introduced house senate passed introduced referred gun closing act june referred crime terrorism homeland security investigations states requiring background checks private sales september states washington background check requirements federal law states require universal background checks point sale transfers including purchases sellers maryland pennsylvania laws regard limited hawaii illinois massachusetts new_jersey require obtain permit states iowa michigan nebraska north_carolina illinois requires background checks gun shows nevada allows require sellers background checks buyers majority jurisdictions require sellers records sales following table state laws history congress passed gun control act modern commerce operates mandated federal firearms licenses engaged business selling firearms private individuals sold firearms gun control act dealers prohibited business address listed federal firearms license mandated licensed dealers maintain records firearms sales person prohibited federal law transferring selling trading giving transporting delivering person know reasonable cause believe buyer reside state prohibited law purchasing possessing firearms congress passed owners protection act relaxed certain controls gun control act permitted licensed dealers conduct business gun shows specifically legal holders private sales provided transferred personal collection year prior sale personal sold holder background check form required federal law according holders required record sales bound book united_states department justice said stated purpose ensure place unnecessary federal restrictions law citizens opened illegal gun slip efforts reverse key feature requiring criminal background checks purchase records private sales gun shows unsuccessful congress enacted violence prevention act gun control act law instituted federal background checks buy federally licensed dealers law provisions private firearms transactions sales law originally imposed interim measure requiring waiting period days licensed manufacturer dealer sell deliver transfer individual waiting period applied states alternate system deemed acceptable conducting background checks personal transfers sales americans subject federal state local restrictions interim provisions ceased apply november government studies positions tracing starts manufacturer typically ends private sale regardless private seller later sell uses background checks analyzing data report released national institute justice fewer convicted criminals bought market gun purchased retail store bought family friends illegal source according report legal private party transactions contribute illegal activities arms trafficking purchases firearms prohibited buyers straw purchases selling legally prohibited selling seller knows reasonable cause believe prohibited owning holder transfer licensed reside state seller resides holders general transfer firearms non licensed persons reside state licensed business place business gun january report said gun shows held annually percent gun vendors hold federal firearms license majority vendors attend shows sell firearms associated accessories report concluded sellers gun shows people corrupt sellers large quantity firearms high risk hands stated gaps current law recommended extending law close gun government office published report citing firearms mexico purchased types private transactions individuals want avoid background checks records firearms purchases proposals forth united_states attorneys enacted include allowing holders sell guns gun shows background check firearms transaction record accompany transaction strengthening definition engaged business defining terms precision exception lowering intent requirement limiting number individual private sales specified number year requiring persons sell guns secondary market comply record keeping requirements applicable federal firearms license holders requiring transfers secondary market federal firearms license holder establishing procedures orderly inventory belonging holders surrender license requiring registration non licensed persons sell guns increasing punishment transferring background check required act requiring gun promoters licensed maintaining inventory firearms sold holders non licensed sellers gun shows requiring agents present gun vendors criminal liability agree complete firearms transaction form executive branch november president bill_clinton issued memorandum secretary treasury attorney general expressing concern sellers gun shows required run background checks potential buyers called absence said gun shows prime targets criminals gun requested recommendations actions administration including legislation campaign presidency president george bush endorsed idea background checks gun shows bush position gun closed federal legislation gun created previous federal legislation president bush ordered investigation departments health education justice wake virginia tech order recommendations ways federal government prevent january signed improvement amendments act law goals objectives sought address included gap information available prohibiting mental health commitments filling information gaps better enable system operate intended guns hands persons prohibited federal state law receiving possessing firearms beginning president barack_obama outlined proposals new gun control legislation asking congress close gun requiring background checks sales closing gun larger push universal background checks close federal checks gun shows private sales notable opinions violence policy center released gun shows america parties criminals study identified problems associated gun shows study documented effect firearms owners protection act regard gun shows resulted readily available source weapons ammunition wide variety criminals david according utility gun shows dangerous individuals stems primarily exemption enjoyed private sellers sales criteria law absence background check director program located davis wrote federal law limited sense law exempt private party sales gun shows regulation required said fundamental flaw gun proposal failure address great majority private party sales occur locations increasingly internet sites non prohibited person list firearms sale buyers search private party sellers wayne executive vice president national rifle association testified house judiciary crime saying think reasonable provide mandatory instant criminal background checks sale gun said opposed universal background checks dave attorney gun rights advocate said gun shows federal laws guns shows step privacy firearms implementing universal gun registration january said proposed federal law difference adults supplied weapons legal alexander asserted requiring background checks gun sales prelude registration second amendment rights nicholas johnson university school law wrote criticisms gun imply federal regulations allow prohibited retail purchases primary market sales firearms gun shows false real criticism leveled secondary market sales private citizens campaign prevent gun violence said gun states prohibited buyers walk gun buy weapons sellers background check gun sellers operate week week established place business traveling gun gun said universal background check system gun buyers unnecessary effective instant check system includes records persons mentally ill prevent potentially dangerous people getting hands firearms group argues percent firearms purchased private sellers dispute idea current law amounts gun pointing people selling gun shows federally licensed dealers group stated past gun control supporters objectives reduce gun sales register guns legal commerce status quo like book car shows contributing events high school massacre april gun shows background checks focus national debate united_states weeks shooting frank introduced proposal close gun federal law passed senate pass house virginia tech shooting april brought discussion gun forefront politics shooter passed background check purchased weapons legally virginia gun shop wisconsin based internet dealer previously december virginia judge directed virginia tech undergo treatment treated virginia send national instant criminal background check system april tim governor virginia issued executive order intended prohibit sale guns found dangerous forced undergo mental health treatment called close gun bill close gun virginia submitted eventually failed virginia efforts close gun continuously blocked gun rights advocates governor wrote disappointed virginia legislature largely pressure efforts close gun allows buy weapons background check exists july aurora shooting colorado october spa wisconsin december sandy hook elementary school shooting connecticut state local debates gun resumed aurora shooting president david said exploited media politicians said colorado closed called killer didn buy guns gun spa shooting purchased legally private transaction gun sandy hook shooter weapons legally purchased mother


english law trust trust created lent money particular purpose event uses money purpose held trust spent money traced returned creditors trust comes house_of_lords decision bank ltd investments ltd underlying principles traced academic debate classification existing law resulting express lord said ltd definition trust method hold security interest loans clause contract limits purposes use money funds different purpose trust created money benefit allows trace spent funds case prevents money taken creditors trust comes house_of_lords decision bank ltd investments ltd lord maintained situations intention create secondary trust benefit arising primary trust appropriate use money fulfilled idea primary secondary trust comes money lent pay debts went bankrupt returned money courts held creditors recover money held form comparable trust situations trust arise require specific use money identified contract primary problem accepted types trust trust structure primary secondary explained lord appear english law type trust affects rights available parties variously considered resulting express nature alternate explanation given lord ltd trust trust apparent example takes active role trust created intention party time problems idea facts normal trust failed consider mutual intention parties underlying contracts resulting trust lord stated contract gives interest loan stage trust interest money goes primary trust trust purpose fails secondary trust lord explained trust resulting trust held retains interest transaction need interest reverse purpose loan fails problem analysis explained hudson professor equity law queen mary university london resulting trust comes existence loan come late money available claim brought remedy spent money subject claims creditors flaw explanations interest retained outset contract resulting trust complete transfer money end interest argued creation trust based recovery original interest creation new doubts raised case general facts case create stereotypical trust causes problems applying analysis express trust second possibility express contract included provision money certain purposes interpreted money held trust purposes trustee money purpose violation trustee duties void trust created soon contract agreed normal requirement created problems upheld english courts courts require explicit terms contract hudson considers offer simplest protection money requiring contract breached trust come existence swiss bank corporation bank ltd courts considered situation similar loan agreement explicitly agreed follow guidelines use money failed court appeal house_of_lords refused constitute kind trust return money applying lord judgment carey said stipulation assignment trust main theory created future trustee uses money manner situations requirement met money purpose lent allowing claim interest ltd freeman treasure ltd trust principle said peter gibson equity conscience person receives property transferred specific purpose recipient purposes person permitted treat property use stated purpose reference conscience nature trust created money late effective remedy


title marshall court marshall court issued earliest influential opinions supreme_court united_states status title united_states written chief justice john marshall exception remarks court title period indigenous appeared marshall court marshall dismissed case lack original jurisdiction johnson detailed subject marshall respectively arose lawsuits land presented artificial case controversy order desired precedent nation georgia worcester georgia marshall justices embraced far broader view title johnson involved pre revolutionary private mitchell united_states involved florida spanish rule cases marshall court continued apply rule title crown principle embodied royal proclamation confederation congress proclamation acts federal common law remains modern indian land claim litigation cases involved disputes non indians holding land grants different states state acts federal courts subject matter jurisdiction disputes controversies citizens state claiming lands grants different states example preston thomas wear involved conflicting land grants states north_carolina tennessee background earlier supreme_court decisions supreme_court decision discuss title albeit briefly decision marshall court court found jurisdiction certain lands notwithstanding defendant claim alternative claim defendant held title lands held title title indian tribes year abandoned relinquished lands treaties boundary lands acquired conquest consequence hostilities conquest state court decisions known american case address issue validity state land land title extinguished marshall clark decided virginia supreme_court john marshall father thomas marshall challenging behalf state militia claim land validity land grant revolutionary war veteran george rogers clark marshall argued grant valid title extinguished virginia supreme_court disagreed indian title power legislature grant land event indian claim yield finally established benefit future extinction thereof pennsylvania supreme_court tennessee supreme_court soon issued opinions effect holding states grant land federal government purchased indians transactions common increased wake decisions assumption indians held fee simple land future interests sold representing promise state transfer land come possession second competing view indians possessed right occupancy fee simple land reported american court decision holding indian land owned government subject lesser right possession occupancy held indians decided north_carolina supreme_court north_carolina court decided fee title land held state subject tribe right occupancy federal government terminate right occupancy federal government acquire fee title jackson hudson held nature indian title question new_york avoided deciding issue party claimed chain title traced indians term party court claimed derive title deeds indian sellers new_york court held deeds insufficient van jackson indian deeds obtained purpose proving rights natives extinguished deeds admitted source legal title indian deeds presented government extend boundary grant firm principle uniformly titles derived immediately actually crown following view prevailed additional state courts state courts disagreed opinions oral arguments famous great nineteenth century contract clause cases marshall majority end included sentence indians prove influential marshall court decisions consider relative rights indian people state government lands time supreme_court united_states called consider issue oral argument lawyer launched discussion nature indian place supreme_court indian title mere occupancy purpose hunting like idea title soil overrun inhabited true legal possession smith wealth nations right transferred extinguished right regulated treaties deeds depends law nations municipal right power right treaty congress georgia right sell subject indian claim point decided courts united_states questioned lawyer raised point response question bench certainly justice johnson smith things common falsely believed native americans practice agriculture travelled north_america marshall cite sources opinion cite johnson marshall majority marshall addressed arguments raised lawyers johnson dissent end majority opinion doubted state fee lands subject indian title decision fee decision maintain notwithstanding title majority court opinion nature indian title certainly respected courts legitimately extinguished absolutely fee state marshall actually compromise responding johnson concern georgian land owners grants indians trying preserve validity dominant form land grant united_states time marshall effect adopted newer view indian title state courts decades indians fee simple lands marshall opinion spell methods legitimately indian title power resided state federal government johnson dissent rare marshall court justice william johnson frequently rarely modern standards johnson agreed georgia legislature land grant located prohibition natural law contract clause johnson opinion advocated older view state courts colonial custom indians held fee simple land state land grants constituted future interest later history oral arguments marshall asked validity state grants title lawyer finish responding question arise justice joseph story interrupted question decided case years later riding massachusetts circuit story cited proposition states owned indian land fee simple justice washington riding pennsylvania gave jury instruction supreme_court state high courts cited similar effect hunter hunter considered rights british aliens holding title royal grant defending action virginia statute court justices marshall absent held treaty united_states great british ratified subsequent judgement lower court prior virginia supreme_court decision prevented preston preston upheld north_carolina act statute conduct question dated post revolution pre articles confederation period acquired land western territory north_carolina tennessee time suit violation north_carolina statute circuit court district east tennessee denied non indian supreme_court affirmed ruling justice thomas writing unanimous court said follow title north_carolina time passing act short time shaken colonial government assumed sovereign independent colonial system citizens restrained prohibited extending settlements westward lands set apart indian tribes treaty boundary state said indians established north_carolina act november restriction acquisition lands shall state treaty conquest presumed legislature intended shortly making treaty violate permitting entries west line fixed treaty legislative intention prohibit restrict entries lands reserved indian tribes amendments act passed acquisition question entering surveying lands indian hunting grounds recognises western boundary fixed mentioned treaty declares void entries surveys shall indian boundary thomas thomas companion case preston involving similar dispute time relevant north_carolina statute passed articles confederation period title lands question extinguished treaty seeking acquired state land grant north_carolina year defendant held state land grant tennessee issued land grant excluded evidence jury returned verdict defendant justice writing unanimous court affirmed court able decide case reaching question title legislature power intended indians right property soil merely use enjoyment need decided court perfectly clear act prohibits persons making entries surveys lands bounds set apart indians declares entries grants utterly void defendant argues mere indian title subject land appropriation act legislature authorized permitted doubts court entertain subject laws impression doubt removed north_carolina case law johnson johnson thirteen years supreme_court detailed discussion subject indigenous title today remembered origin right occupancy johnson remains best known court title primary effect johnson decision remove cloud title title property large number state land grants land indigenous title taken away quotes johnson legal quotations law review titles years including conquest gives title courts conquer deny private speculative opinions individuals original justice claim pre revolutionary transactions taken place royal proclamation marshall decided case simply reliance proclamation instead based ruling custom looking equally law nations colonial powers british building brief decision johnson decision added idea indigenous nations hold fee simple ownership lands right control transfer chose justice johnson court dissent influence johnson grew golden age american legal followed case figured prominently inter james kent commentaries american law joseph story commentaries constitution wear wear like preston thomas involved conflicting land grants issued north_carolina tennessee north_carolina land grant included tract country indian title extinguished large body land indian title existed time survey extinguished trial court deemed grant void excluded evidence court observed ruling sustained ground wholly void wholly cause grant good acre land claimed action court withheld jury justice william johnson delivered opinion unanimous court court cited preston proposition indian territory fully recognised court reversed judgment held grant relation land title extinguished time survey case involving british land grants court distinguished conquest change sovereignty conquest court noted war suit prosecuted sword question decided original claim territory grants soil party fails derive validity treaty necessary consider rights case actual conquest views previously presented acquisition rights case court continued recognize principle change sovereignty produces change individual property modified validity relevant statute provided british land grants accompanied possession filed commission grant nation georgia background johnson established principle native americans soon hoped able enforce state government title william attorney general tried times years case removal supreme_court december marshall granted writ error criminal case murder committed george tribe member land georgia executed case marshall hear oral arguments marshall majority nation georgia filed directly supreme_court seeking court original jurisdiction void 1820s georgia statutes declared unconstitutional contrary treaties contrary act marshall decided domestic dependent nation foreign state dismissed case lack jurisdiction thompson story dissent justices smith thompson joseph story question reached merits siding according richard court reporter dissent written explicit encouragement assistance marshall marshall encourage publish separate report included oral arguments treaties opinion james kent thompson story concurred noted promised compact georgia title state interest soil state claim lands extinguished title thompson opined georgia force specifically perform compact thompson georgia laws complaint mere private admitting compensation damages injuries total destruction right worcester georgia worcester georgia case appealing conviction samuel worcester illegally residing lands license state holding opinion reached question criminal jurisdiction far pro indian johnson extravagant absurd idea settlements sea coast companies acquired legitimate power govern people occupy lands sea sea enter mind man understood convey title according common law european america convey exclusive right purchasing lands natives willing sell crown understood grant crown affect claim understood course extravagant absurd idea marshall played important role years earlier johnson worcester eventually resulted freeing samuel worcester decision state federal law impose lingering obligation state federal government years later government signed treaty new group dissent forced known trail tears united_states united_states involved spanish land grant florida non indigenous marshall unanimous court reaffirmed principle far european property owners gained citizenship concerned transfer sovereignty florida spain united_states private property rights marshall wrote unusual cases conquest displace sovereign assume dominion country modern usage nations law violated sense justice right acknowledged felt world outraged private property generally confiscated private rights people change allegiance relation ancient sovereign dissolved relations rights property remain modern rule cases conquest doubt application case territory florida changed sovereign act containing stipulation property individuals right property subjects citizens new government unaffected change remained ancient sovereign territory understood property belonging inhabitants king belonged lands previously granted party understand party consider attempting wrong individuals condemned practice world territory sovereign conveying compound idea surrendering time lands people inhabit necessarily understood pass sovereignty interfere private property marshall interpreted provision florida land act requiring spanish grants filed year narrowly marshall stated impossible suppose congress intended real titles exhibited commissioners short period interpreted provision mean commissioners grant title year property rights held virtue spanish grants void united_states united_states authored justice henry baldwin marshall court opinion title issue acres land florida alienated spanish crown granted private parties baldwin unanimous court upheld transactions noting royal proclamation applied florida british rule baldwin held spanish law perceived british law respect governed title territory reverted spanish rule international legacy according canadian lawyer john marshall court decisions title established fundamental principles rights courts jurisdictions guided according delivered period thirty years bear witness evolution marshall court thinking rights culminating rights beneficial ownership land internal self government order understand marshall court assessment rights essential appreciate progression treatment topic failure placing excessive weight earlier later decisions led marshall court views rights canada according marshall court rights particular importance canada emphasized decisions supreme_court canada founded policy indigenous peoples lands applied consistently imperial british government north american argues given repeated reliance marshall court decisions canadian courts claims authority decisions canada accepted certain applied canadian courts considered virtually incorporated canadian common law concludes elegant language logic classic johnson nation georgia worcester georgia united_states marshall court rights remain compelling today written provide simple principles definition reconciliation respective indian canadian state rights territory government principles flow court consideration law nations british colonial policy relations peoples north_america specific constitutional context united_states_of_america apply equally canada


united_states united_states case united_states supreme_court clarified fourth amendment searches occur buses function consent searches law enforcement scheduled stop florida police officers boarded bus drug effort interviewed passengers talking passengers asking check person officers discovered passengers taped packages cocaine legs trial passengers argued officers violated fourth amendment rights searches police engaged behavior informed participation drug efforts voluntary writing majority court justice anthony kennedy held officers need personally advise passengers right refuse consent search bus furthermore justice kennedy ruled search passengers free leave bus individuals searched provided voluntary consent commentators praised court ruling encouraging citizens stand rights criticized failing reflect realities real life confrontations occurring street citizens law enforcement background fourth amendment guidelines arrests temporary fourth amendment united_states_constitution applies arrests temporary criminal suspects defined supreme_court united_states person conducting arrest officer demonstrate probable cause suspect engaged criminal activity police officers conduct temporary officers reasonable suspicion criminal activity temporary known terry stops supreme_court ruling terry ohio level suspicion required conduct temporary detention lower necessary probable cause considerably proof wrongdoing evidence officers rely mere fourth amendment consent search doctrine fourth amendment generally prohibits searches supreme_court united_states clarified searches citizens consent scholars traced origins consent search doctrine far 1920s 1970s court clarified searches reasonable circumstances search voluntary courts generally look officers believed time search individual searched provided voluntary consent officers rely consent reasonably appears authority consent police search person actually authority officers obtain consent engaging unconstitutional seizure consent considered evidence obtained search admitted subsequent criminal prosecution united_states supreme_court established framework determining suspect consent voluntary court noted historically determining defendant particular case court assessed surrounding circumstances characteristics accused details interrogation consequently court held determined circumstances court clarified judges examine possibly vulnerable state person determine suspect account taken subtly police questions court held suspects valid consent know refuse consent search fourth amendment searches buses united_states supreme_court clarified fourth amendment searches buses case florida court held police officers approach bus passengers random basis ask questions request consent searches provided reasonable person understand free refuse court rejected argument police questioning board bus constitutes seizure fourth amendment instead held courts use circumstances test determine passenger felt free decline officers requests terminate encounter passenger free ignore police presence business additionally court ruled law enforcement officers basis individuals engaged criminal activity officers approach passengers ask questions request identification request consent search long officers passengers cooperate efforts arrest trial christopher brown february christopher brown traveling bus bound detroit michigan bus planned stop florida passengers told bus cleaned passengers boarded driver allowed officers police department enter bus routine drug weapons effort officers displayed visible carried concealed weapons uniform entering bus officer driver seat officer stood bus officer land walked aisle bus talk passengers asked passengers theirs going officers blocked aisle exit passengers free leave officers conducted investigation officers inform passengers right refuse cooperate investigation brown sat bus aisle brown window officer arrived row identified police investigator showed badge voice loud hear said police officer conducting bus sic attempting deter drugs illegal weapons transported bus asked brown bus pointed green bag overhead rack asked mind check brown replied ahead officers inspected bag discovered inside officer observed brown wearing heavy jackets pants despite warm weather day suspected brown clothing conceal weapons drugs asked brown mind check person brown responded seat removed cellular phone pocket opened jacket outside clothing felt small packages similar drug packages detected occasions officer arrested brown officer walked bus asked check responded lifting hands inches legs detected similar objects pat legs placed arrest escorted bus search determined brown taped containing grams cocaine layers boxer shorts taped layers boxer shorts containing grams cocaine trial united_states district court northern district florida brown charged distribute cocaine possession intent distribute cocaine violation trial brown filed motion suppress cocaine grounds consent search clothing invalid united_states district court northern district florida denied motion finding police conduct respondents consent search voluntary district court found officers block exit bus obvious brown free leave bus consequently district court concluded encounter cooperative encounter appeal united_states court appeals eleventh circuit united_states court appeals eleventh circuit reversed decision district court holding cocaine suppressed brown convictions reversed eleventh circuit stated holding compelled circuit precedent held bus passengers feel free decline police officers requests search positive indication consent refused applying circuit precedent facts case eleventh circuit concluded brown aware refused search evidence discovered pat excluded trial eleventh circuit emphasized officers gave passengers free leave fact officer stood exit reasonable person feel free leave bus january supreme_court united_states granted review decision eleventh circuit opinion court writing majority court justice anthony kennedy held brown seized consent search voluntary explained enforcement officers violate fourth amendment prohibition merely approaching individuals street public places putting questions willing listen additionally justice kennedy emphasized reasonable person feel free terminate encounter seized citing court framework established florida justice kennedy concluded reasonable person felt free bus encounter justice kennedy noted officers weapons intimidating movements left aisle clear spoke passengers quiet voice noted question encounter occurred street constitutional fact encounter occurred bus illegal justice kennedy rejected argument officers passengers showing noting sight police officers cause assurance discomfort likewise rejected argument placing officer near door bus constituted seizure officer passengers left aisle clear justice kennedy held nature encounter change brown arrested arrest person mean seized police witnessing brown arrest notice consequences continuing encounter answering officers questions furthermore justice kennedy held searches brown voluntarily search noted police officers need inform citizens right refuse conducting search court traditionally applied circumstances test determining search officers requested consent search brown justice kennedy concluded search voluntary justice kennedy mentioned absent consent officers likely reasonable suspicion conduct terry stop consequently justice kennedy ordered case eleventh circuit light supreme_court decision opinion justice justice david wrote opinion argued cocaine suppressed brown felt free leave bus likely aware refused consent search noted commonplace precautions air travel far justified ground transportation conditions placed passengers getting trains buses additionally justice argued police officers exercise power free immediate check attention officers brought bear civilian immediate power argued power rise threatening level normal person ability act freely absence explicit commands detention analyzing encounter brown police justice concluded exercise argued manner police conducted created atmosphere participation concluded brown pinned officers reasonable suppose passenger tend business officers ready let consequently justice concluded officers engaged threatening behavior constituted non search seizure subsequent developments united_states court appeals eleventh circuit issued opinion brown convictions years issuing opinion supreme_court united_states offered meaning california writing unanimous court justice cited hold judged according experiences reasonable person situation wrote person desire leave reasons unrelated police presence effect encounter measured better asking reasonable person feel free decline officers requests terminate encounter interpretation circuit courts appeals circuit courts applied court ruling hold citizens police officers approach individuals street ask questions district_of_columbia circuit example wrote passengers questioned inside bus officer positioned near exit street encounter posed physical suspect freedom walk away seventh circuit held according supreme_court ruling suspect detained police approached dark alley asked questions seventh circuit described encounter distinguished events distinguishable sorts open populated spaces police questioning typically deemed court noted reasonable person feel secure decision cooperate police bus circumstances fellow passengers present bus witness officers conduct analysis commentary years following court ruling scholars offered range opinions case impact significance analysts suggested reflects concern members court ensuring individuals retain power stand rights scholars argue justice kennedy assumed citizens feel free refuse consent citizens cooperate police fear police don criminal law scholar commented justice kennedy conclusions products intuitive reflections justices experience imagined experience citizens additionally criticized court ruling failing reflect realities real life confrontations occurring street citizens law enforcement scholars thomas hughes argued court decision impact balance individual liberties heightened national security interests wake september attacks criticized court ruling failing account psychological pressures inherent perceived legitimacy police authority argued police required inform citizens consent voluntary kind warning serve natural warning mandated fifth amendment likewise argued passengers feel significant psychological pressures cooperate police searches buses police warn passengers consent voluntary criticized court ignoring impact racial respect individual ability walk away encounters police argued historical treatment black males members law enforcement entirely possible brown feared refusing officers requests feared violent consequences argued police provide warnings similar warnings inform citizens right refuse consent decisions like consistently endorse rules require citizens fend comes constitutional rights departure framework scholars observed justice kennedy majority opinion embraced premise police request consent search request carries alternative refusal exists scholars noted reflects court evolution moving test focuses subject acted voluntarily nuanced objective test focuses law enforcement officer additionally matthew phillips wrote illustrates circumstances test purely objective test justice kennedy opinion explicitly consider factors respect brown felt deny consent questioned police phillips suggested decision abandon factors lead bizarre results cases like circumstances search indicate level


oklahoma tax commission sac fox nation oklahoma tax commission sac fox nation case supreme_court united_states held absent explicit congressional direction contrary presumed state jurisdiction tax tribal members live work indian country particular territory consists formal informal reservation allotted lands dependent indian communities sac fox nation indian native american tribe indian self determination act taxes based authority state oklahoma sought impose income motor vehicle taxes tribal members tribe brought suit prevent state imposing taxes tenth circuit court appeals supreme_court held oklahoma clear authorization congress prohibited imposing taxes tribal members indian country case cases known oklahoma tax cases native american case law background history sac fox nation indian tribe originally great lakes area following series treaties united_states moved sac fox reservation acres indian territory county state oklahoma congress passed act broke reservation allotted land tribal members implementing law united_states entered treaty tribe tribe retained acres tribal headquarters tribal members allotted acres land reservation sac fox nation authority indian self determination act tax commission tribe tax earnings person working tribal jurisdiction regardless person tribal member tribe provides motor vehicle tax registration vehicle owned tribal member tribal jurisdiction state oklahoma oklahoma tax commission income motor vehicle taxes state considers income earned state including tribal land issues tax assessments oklahoma contends state register vehicles state sac fox nation required tribal members residing tribal jurisdiction register vehicle tribe state viewed members vehicle taxes effort collect vehicle sold new owner time oklahoma require taxes penalties paid order register vehicle lower courts sac fox nation filed lawsuit oklahoma tax commission district court seeking permanent injunction prohibiting state income earned tribal jurisdiction reside tribe jurisdiction vehicle taxes vehicles registered tribe sac fox nation oklahoma motions summary judgment district court determining reservation boundaries held state collect income tax non tribal members collect income taxes tribal members employed tribe trust land district court held state collect vehicle taxes periods vehicle properly registered tribe sides appealed tenth circuit court appeals tenth circuit court affirmed decision district court court noted reservation boundaries relevant case issue instead tribal immunity state jurisdiction court noted prior supreme_court decision tax citizen band indian tribe stated appears state oklahoma fighting battle lost provide congressional authority collecting taxes sac fox tribal members clear state exceeded authority income tax non tribal employees sac fox nation asserted commerce clause treaty language granted exclusive authority tribal land court persuaded ruled state impose income tax non tribal members issue tribal motor vehicle taxes registration tenth circuit court distinction tribal non tribal members court held tribe require registration vehicles tribal land regardless owner tribal member court noted tribes washington tribes indian reservation prohibit state taxation tribal members state enforce vehicle tax non tribal members parties appealed supreme_court noting wisconsin supreme_court decision area granted agreed hear case opinion court arguments david allen argued case oklahoma argued case united_states behalf tribe solicitor general william rice argued case sac fox nation support oklahoma filed arizona minnesota north wisconsin support tribe filed tribes fort indian reservation tribes oklahoma nation oklahoma nation state argued case law cited tenth circuit dealt established indian reservations court sac fox reservation 1890s tax commission position reservations oklahoma oklahoma stated determining reservation boundaries lower court unable properly apply tribal immunity state argued vehicle tax registration fees akin sales tax use fee tax opinion justice day connor delivered opinion unanimous court connor stated oklahoma argument tribal member live reservation exempt state taxes incorrect required member live indian country congress defined include formal informal reservations dependent indian communities indian restricted held trust united_states connor noted tenth circuit determined residence tribal members inside outside indian country reservation noted case oklahoma exactly argument rejected court connor rejected state argument motor vehicle tax tax registration fee use fee stated tax strongly resembled taxes prohibited noted registration fee use fee non residents oklahoma exempt court upheld decision tenth circuit court subsequent developments case involving oklahoma tax commission defined tribal sovereignty manner case cited numerous lower court opinions supreme courts opinions limiting ability state governments act indian country sac fox oklahoma tax commission nation known oklahoma tax cases decision unique uses federal criminal jurisdiction statute basis civil jurisdiction

Oklahoma Tax Commission v. Sac & Fox Nation