royal mail case royal mail case noted english criminal case director royal mail steam company lord trading aid company look company profitable potential investors following independent instigated treasury john company arrested charged trading company records accounts acquitted records accounts found guilty trading sentenced months prison company royal mail lines ltd backing british government immediate impact case instigated massive changes way companies case highlighted flaws way company accounts reviewed probably greater impact quality published data companies acts passed date case fell like atomic bomb profoundly disturbed industrial worlds linked reduced public trust big businesses case seen reason demise accounting aid secret reserves background royal mail steam company british shipping company founded london james largest shipping group world took white star line lord chairman company expanded company rapidly aside white star line bought pacific steam navigation company million union castle line assumed control shipyards company prospered world war government paid ships military supply vessels troop transports company saved profits predicting need cover income tax excess profits tax taxes paid approximately million left saved hoping use cover financial difficulties arise reserves boosted government money paid trade facilities act profits company rapidly dropped beginning directors supplemented company income taking money reserves company asked treasury extension period government loans company paid treasury demanded company accounts sent sir william write report financial state company report revealed company earned trading profits paying taking money reserves company reported profits drawn reserves accounts appear money came trading company trading loss money drawn reserves appear company profit result report company issued fraudulent inviting customers buy shares company saying earned average year decade arrest issued lord john company time ruse discovered company trading deficit year reserves completely exhausted company owed million trial trial began old bailey july justice wright sir william prosecution sir john simon lewis lord sir patrick hastings stuart frederick tucker conway john indictment contained counts count charged issuing document annual report intent shareholders true state company charged aiding offence count identical count relating annual report defendants count charged issuing document stock intent induce people advance property company counts contrary section act defendants pleaded guilty counts main defence use secret reserve accounting came help lord important reliable britain cross examination stated routine firms highest use secret reserves calculating profit declaring patrick hastings said client guilty criminal offence single city london world position acquitted counts found guilty count sentenced months prison appealed conviction count pending appeal appeal heard november court appeal upheld conviction ruling statements true document false concealed omitted implied aftermath following conviction company royal mail lines ltd backing british government case led changes way companies shared view secret reserve accounting regular respectable practice pair found guilty publishing false information result professional response half hearted major changes practice secret reserve accounting remained acceptable companies disclosed use reports companies act clear failing disclose use process unacceptable undermined true fair view companies required financial statements second major change approach took job previously attitude required legal duty royal mail case expected use ethical moral judgement making decisions contemporaries said case probably greater impact quality published data companies acts passed date case fell like atomic bomb profoundly disturbed industrial worlds linked reduced public trust big businesses following release stayed mainly public eye despite brief return


scientific jury selection scientific jury selection abbreviated use social science techniques expertise choose favorable criminal civil trial scientific jury selection jury selection phase trial lawyers opportunity question judge choose people jury expert assistance attorney use challenges right reject certain number potential stating reason jury selection practice currently confined american legal system roots criminal trials vietnam war era modern times usually employed high stakes civil litigation money usually issue contrast criminal trials defendant prison practitioners determine background characteristics attitudes predict favorable results coordinate attorneys choosing jury studies mixed effectiveness practice clear evidence presented trial important trial result likely impact evidence ambiguous potential jury led reform proposals implemented limited fictional portrayals negative practice history use jury selection united_states attorneys options excluding potential option challenge cause attorneys state reason challenge clear bias conflict interest opposing party allowed respond judge decides exclude second option challenge attorney exclude stating reason challenges cause unlimited attorneys limited number challenges common non capital cases attorneys long challenges exclude undesirable prospective successful early efforts based lawyers folklore makes good case early examples scientific jury selection similar example joan little trial defense attorneys help choose jury rigorous display major use seven trial trial social scientists demographic characteristics identify favor conviction case conducted surveys indicated women democrats defense friendly religious college degrees reader digest subscribers better prosecution surveys indicated citizens conservative pennsylvania convict defendants acquitted charges jury consultant helped pick jury simpson murder trial surveys determine ideal defense demographic black women analyzed judged prospective answers response body language dire stage jury selection lawyers permitted directly question jury prosecutor vincent gives credit traditional change venue argues transferring case section los_angeles blacks jury pool detrimental selection prosecution friendly jury incidentally prosecutor fired court appointed jury consultant early process contemporary jury people experience communications marketing attorneys frequently legal psychology practice roots criminal trials modern jury involved civil litigation particularly wealthy corporate defendants fear enormous monetary judgment attorneys invested large sums money important lawsuit 1980s large jury consulting trial consulting firms multi million dollar high stakes civil litigation simultaneous shift hoc groups academics business model sparked criticism effect money trials wealthy afford jury argue operate process way lawyers pursuing clients interests rule bound framework written extensively argues ethical zero effect mere myth powerful effective jury public confidence jury system methods theory attitudes predict voting preferences effectively discovering relationships exist certain attitudes attorneys exclude jury attitudes bad verdict researcher diamond indicates jury primarily rely methods telephone surveys mock trials trial telephone surveys practitioners primary research method survey community trial taking place jury ask background characteristics jury pool race sex marital status age income job specific questions depend case beliefs attitudes likely associated favorable unfavorable verdict reading summary facts case verdict survey favor diamond writes jury compare data sets determine background characteristics favorable attitudes attitudes favorable attorneys use information select favorable based prospective characteristics attorney learn attitudes prompted frequent criticism stack biased dumb turn practitioners insist impossible bias removed jury pool alternative test respondents researcher facility opening statements blown mock trial instead reading case summary telephone higher cost mock trial allows realistic portrayal real trial researchers hope accurate data provides better opportunity question subjects trial simulation hand telephone surveys provide larger representative sample jury pool diamond indicates methods advantages practitioners commonly rely case occasional psychic practitioners use unorthodox methods courtroom assessment posture pupil breathing judge selection trial methods science reject nonsense science fiction notwithstanding simpson trial indicates relies appearance body language conduct medication decides based gut feeling research indicate model employed demographic factors predict attitudes predict weaknesses attitudes predict taken granted rarely studied example veterans favor current troops necessarily translate likelihood crimes relationship demographics reliably predicted mock trials successful prediction jury requires data specific case jurisdiction sheer number ways case unique published research subject original research required necessity exacerbated fact modern reluctant share knowledge firms paranoia client regard work trade secrets important variation group dynamics analysis jury selection concerned attitudes bias individuals trial try predict individuals form groups jury leaders followers groups use tool jury selection advocates practitioners scientific jury selection claim practice overwhelmingly effective choosing render desired verdict true effect difficult difficulty conditions real trial experiment kinds shadow watched trial rendered verdict results indicated substantially different difference likely experimental knowledge deciding actual verdict prompting lower burden proof simplified experiment indicated lawyers trained systematic selection method better predictions cases sale illegal drugs military court martial cases murder drunk driving systematic method effective cases relationships demographic attitudes strongest effective relationships weak academic researchers argue actual obscured poor research specifically demographic characteristics predict attitudes hold true kinds cases example men convict frequently women types criminal trials frequently demographic characteristics attitudes hold example attitudes rape better verdict gender rape trials actual jury important demographic composition jury little effect verdict renders usually causing evidence presented trial far impact verdict indicate evidence strong matters evidence ambiguous demographic characteristics relatively minor influence researchers argue significant improvement jury selection small worthwhile stakes high like defendant accused capital crime corporation stands lose millions dollars civil suit popular proof argument especially argument goes attorneys clients pay high fees services effective argue attorneys unaware social science research topic effectiveness scientific jury selection comparison tested methods attorney folklore trial attorneys expense contingent improvement jury selection abilities studies traditional jury selection attorneys acting indicated equally effective suggested reforms light criticisms leveled scientific jury selection lets lawyers stack effect money reforms proposed common reform proposal elimination challenges supreme_court precedent use challenges exclude based solely race proponents argue away altogether eliminate perceived real injustice permitting lawyers eliminate unfavorable challenge cause argument open court opponents counter attorneys evidence bias particularly context limited dire proposals include lower number force attorneys use clearly biased severely ability shape jury challenges ban jury consulting legislative action impossible fairly draw line doesn exclude advice attorneys firm example limit useful information severely verbal questioning written prospective effect encouraging erroneous challenges based solely race gender instead sophisticated bias prohibit investigation jury pool release list prospective eve jury selection investigation prospective impossible force disclosure consultant use making surveys prospective community legally accessible opposing party research party use benefit research despite discussion lawyers scholars legislators reform proposals implemented consensus exists remedy appropriate effective fiction major fictional representations date largely portrayed jury villains highly effective influencing jury illegal tactics mainstream practitioners use major characters john novel runaway jury similar film adaptation film jury consultant defense leads team uses high technology illegal tactics prevent judgment corporate client salon calls worst nightmare corporate arm twisting writing book plays fears american justice system attorneys immensely effective hired gun social scientists jean jury peers stretches known reality consulting fictional firm charges prosecutors kidnap homeless people program drugs conviction substitute hoping avoid jury duty says novel hardly realistic reveals distrust jury fifth season episode cbs television series entitled guilt trip illegal arms dealer james tried murder key witness unexpectedly acquitted investigation reveals hired jury consultant identify likely sway rest jury bribe pushing train pose perfect prosecutor placed jury season episode television series leverage company fire death case involving natural supplement attempt prevent major losses company question protect investment soon parent company subsidiary scientific jury selection leverage team efforts step way similar giant chess match kentucky seminal case area finding race based use challenges prosecutors unconstitutional georgia extended prohibition defense attorneys relevant civil law concrete company race alabama gender


arrest controversy arrest controversy refers arrest imprisonment calls release leader syrian people democratic_party politician critical syrian policies taped syrian intelligence forces gave assassination lebanon minister industry detained syrian security forces home december charged march undertaking acts weaken national sentiment times conflict communicating foreign country initiate aggression syria provide means december damascus criminal court ruled guilty circulating false exaggerated news weaken morale nation sentenced years prison duration immediately reduced months human rights groups including human rights watch amnesty international criticized arrest demanded release background having worked communist organizations mid-1980s boasted close relationship time arrest human rights activist led left wing people democratic_party unauthorized party critical syrian government leader sole democratic left movement leftist party senior figure march alliance parliamentary coalition critical syrian policies phone times prior arrest lamented anti syrian figures like released previous year prison sentence related political activism visited lebanon killing george leader communist_party according amnesty international human rights watch contributed arrest end year syrian constitution grants free speech state emergency effect party seized power freedom syria approached question policies neighboring lebanon syrian authorities detained imprisoned activists signed damascus declaration petition petition advocated withdrawal syrian troops lebanon relations countries december phone bestowed november assassination lebanon minister industry anti syrian politician taped syrian intelligence forces known arrest trial december syrian security forces arrested home syria western coast remained detention march syrian authorities charged undertaking acts weaken national sentiment times conflict communicating foreign country initiate aggression syria provide means second charge bears life sentence death penalty foreign nation aggression syria trial began damascus criminal court august indictment stated contacted enemies state lebanon including members march group knows ideas direction group accordance american direction national approach syrian government accused conveying support approach direction march phone denied stating called head democratic left movement november court trial verdict november result defense filing petition dismiss judge session december damascus criminal court ruled guilty circulating false exaggerated news weaken morale nation accordance amnesty provision court dropped charge circulating false exaggerated news abroad harm state financial standing sentenced years prison duration immediately half years court elected consider detention trial prison term aftermath deeming charges politically motivated human rights watch called immediate release organization included arrest syrian section world report human rights assessment amnesty international judged prisoner conscience called immediate release speaking lebanon newspaper praised human rights activism commented arresting phone free democratic citizen solidarity comrades demand set free political prisoners syria according lebanon indictment implied support march ruling parliamentary majority lebanon treason precedent future syrian relations democracy inside syria letter smuggled prison published newspaper imprisoned activists denounced climate country wrote situation prisoners conscience crisis public freedoms human rights syria started state emergency imposed years ago released prison july spending year half prison syrian uprising actively involved syrian uprising present right beginning result went hiding near damascus avoid arrest security agencies syrian government monday october arrested visit city damascus known supporters syrian opposition title arabic meaning uncle recognition lifelong political activism dictatorship family syria


discretion singapore administrative law discretion public authority grounds judicial review singapore administrative law regarded form challenge decision authority basis adhered policy formulated delegated exercise statutory powers body high_court finds decision maker discretion hold decision ultra decision maker powers grant suitable remedy order decision wrong public authority develop policies guide decision making necessarily considered discretion policies long approaches decisions open mind willing genuine consideration case hand noted endorsing application manner high_court given legal effect informal rules policies soft law statute gives decision maker power generally unlawful decision maker delegate power person body statute provides illegal decision maker responsibility exercising power taking orders bodies doctrine english administrative law singapore inherited independence allows civil servant decision behalf minister statute discretion minister interpretation act singapore provides exercise minister power signature permanent secretary ministry minister responsible public officer authorized writing minister addition ministers permitted persons exercise certain powers perform certain duties behalf introduction context westminster systems government legal power conferred executive legislation inevitably greater lesser extent exercising judicial review powers courts concerned exercised manner accordance parliament presumed intentions powers time courts developed grounds powers reviewed holding parliament assumed intended decision makers exercise powers improper ways exercise discretion refer exercising subject external influences exercise conferred discretion public authority discretion said failed exercise power subject external influences singapore high_court decision lines international holding singapore tourist promotion board distinct forms discretion recognized discretion rigid adherence policy discretion unlawful delegation authority forms discretion said represent elements defining concept discretion administrative law form relates freedom choice second form notion personal discretion observed singapore administrative law extensive reference landmark english cases particular english administrative law largely influenced adoption doctrine discretion singapore exception contractual discretion established english law separate ground review recognized singapore courts district electricity supply corporation house_of_lords held legislation public authority certain powers duties exercised public purposes illegal authority enter contract prevents exercising powers discretion rigid adherence policy public authorities given discretion statute certain decisions adopt non statutory policies guide exercise powers lines international justice noted case statutory bodies policies guidelines duly regulations come grinding halt policy decisions communicated attorney general chambers drafted regulations drafts approved organisation concerned sent parliament effected gazette way executive arm common law country functions principle discretion directs attention attitude decision maker preventing excluding possibility exception rule policy case decision maker shut ears exceptional cases policy ground discretion basis distinct right fair hearing relates separate ground judicial review procedural particularly hear principle english position english courts held wrong public authority adopting policy base decisions long authority refuse listen new english singapore positions similar regard consideration exceptional cases discretion port london authority ltd court appeal england wales held tribunal honest exercise discretion adopted policy refusing hear policy hearing accordance policy decide exceptional case policy adopted reasons tribunal legitimately entertain objection taken course house_of_lords agreed british oxygen minister technology court held stop minister requiring operation limiting rule policy good administration requires reiterated discretion consideration given exceptional cases authority refuse listen objection rule provided authority willing listen new position prisoners contended home secretary new policy refusing parole exceptional cases discretion house_of_lords rejected argument relevant statutory provisions required individual consideration individual cases instance free policies held difficult understand secretary state properly manage statutory duty policy singapore position lines international conditions lines international cruise operator challenged adoption singapore tourist promotion board port singapore authority general policy form non statutory guidelines regulating cruises mainly operated gambling purposes guidelines read cruise operators meeting condition allocated operators scheduled cruises month period argued power control use exercised subsidiary legislation high_court held discretion deciding vessels use went consider discretion enforcing guidelines justice laid set conditions adoption policy authority exercising power valid conditions general policy valid policy sense associated provincial picture houses corporation decision outrageous defiance logic accepted moral standards sensible person applied mind question decided arrived reasonable person come view considering constitutes courts substitute views discretion exercised bears burden proving policy illegal ultra guidelines known persons affected authority discretion future prepared hear individual cases prepared deal exceptional cases condition judge referred english cases british oxygen accepted decision maker discretion rigid adherence policy facts lines international judge held policy satisfied conditions adoption guidelines valid fourth consideration relating discretion judge found enforced guidelines clear meeting attended consider representations cruise operators fact number concessions guidelines applied discretion policy lines international conditions approved court appeal income tax non statutory rules policies drafted flexible precise way statutory rules leaving application policies referred soft law soft law understood descriptive umbrella non binding instruments containing recommendations statements taking form informal rules like self regulating codes conduct government white papers soft law instruments exist hard law legal impact commented high_court lines international conditions given legal effect informal rules policies issued public authorities application conditions lines international conditions applied different high_court judge case urban redevelopment authority argued urban redevelopment authority transparent processing application permission house given case genuine consideration court held considered planning approval application explained implications proposal extended discuss proposal declined amend redevelopment plans facts court held thoroughly considered application discretion issue high_court decision motors vehicles appeal court appeal decision vehicles motors ltd vehicles acted correctly relying open market value vehicles determined singapore customs additional registration fee vehicles practice referred administrative convention case existed years high_court judge found discretion relation cars having instituted policy adopting customs prepared hear open mind case incorrect judge dismissed fact held meetings senior officers taken extended periods time decision holding given genuine consideration case passing time indicate time judge found absence comments arguments especially judge found credible strengthened case genuine consideration given lastly judge held indicated dealt representations frame mind reply policy clear based assessed customs high_court decision overruled court appeal court held given genuine consideration arguments found entitled customs figures correct shown incorrect disposed follow customs equally concerned find sufficient reasons follow administrative convention challenged sworn evidence given applying cross examine evidence sworn statement merit contention given genuine consideration representation furthermore provided new evidence presented customs justify departure administrative convention compelling reason evaluate decision adequately justified refusal depart policy discretion principle public authority discretion rigid adherence policy applies exercise police powers indicated high_court case soon juan public prosecutor case involve judicial review specifically cite lines international justice discussed validity general police policy context judicial review opining adoption policy determining political activities class posed greater threat public order commercial activities offensive purposes administrative law provided police discretion remain prepared consider facts case discretion delegation responsibility powers statute gives decision maker power judicial legislative administrative nature generally unlawful decision maker delegate power person body statute provides exercising powers government official expected apply mind matter english position delegation authority absolute body case lays principle delegation authority absolute body right appeal exists case licensing committee exercising statutory powers license cinemas film screenings imposed condition licence films certified british board film shown found ultra board final dictator furthermore fact board given absolute power prohibit films reasons private influenced trade considerations sufficient render condition ultra nature function delegated nature function delegated public authority crucial determining delegation law functions considered administrative delegation race relations board accepted board establish committee order investigate conduct preliminary inquiries practical body engaged task hand established principle tribunal delegate judicial quasi judicial functions disciplinary powers delegation minister case ministerial discretion established commissioner works unlawful civil servant decision behalf minister statute discretion minister parliament expect power exercised appropriate official minister ultimately responsible decisions taken behalf discussion case law minister required personally exercise discretion decisions affect person liberty courts usually reluctant hold requirement way statutes require minister act personally ministers entitled obtain views departments making decisions consider objections disable exercising discretion son minister housing local government housing minister decision stated policy delegated minister agriculture fisheries food effective decision appeal objection singapore position responsibility delegation powers agency english common law position public body discretion responsibility powers discussed adopted lines international general rules justice case public body duty exercise discretion responsibility taking orders bodies legal duty condition policy appeared direction orders gambling suppression branch singapore police force deny cruise vessels exercise discretion held invalid invalid condition mean fact discretion high_court stated agreed orders basis invalid condition fact matter evidence court went find fact decision matter motors court appeal held vehicles customs power expressing view court chief justice held lines international conditions correct law factual context appeal court distinguished factual context lines international present case bases found decision exercise power practical reasons included customs reliability assessing vehicles case statutory right object heard customs determination secondly lines international involved determination vessel given space exercise judgment weigh relevant factors motors decided adopt customs motor vehicle value purposes scheme exercise judgment required court held calculation simply exercise applying percentage stated subsidiary legislation customs involve taking instructions statutory agency court found suggestion decide reconsider imposed cars received customs advice power determine value vehicles making thinks fit need inquiries reliable means determining vehicle value furthermore statutory discretion wide exercise determine appropriate value motor vehicle case relying customs lines international argued guidelines adopted multi agency committee set invalid committee existence law high_court held unlawful wrong government agencies setting committee discuss matters relevance respective jurisdictions long agency decisions statutory powers notion committee discretion dismissed finding fact hoc committee acted entity enforcement appropriate action left agencies meeting attended representatives guidelines relating cruises announced facilitated agencies read guidelines adopting implementing delegation minister section interpretation act written law power minister direction issue order authorize exercise power law states signature permanent secretary ministry minister responsible public officer authorized writing minister section act permits minister empowered exercise power perform duty absence statutory provision contrary person exercise power perform duty behalf delegation approved president acting cabinet advice subject conditions exceptions qualifications published government gazette minister remains capable exercising power performing duty personally power subsidiary legislation delegated relevance non maxim doctrine delegation said reflection latin maxim non delegate appoint means body person power delegated parliament delegate power academics submitted maxim state rule law rule construction applying statute course consideration language enactment purposes objects reality principle non maxim plays real decision cases convenient label consequently cases courts adopted construction best accord facts modern governmental agencies statutory powers important question intended power conferred exercised authority maxim merely pencil court able draw line authorized unauthorized sub delegation courts ask statutory discretion remains hands proper authority person exercise act said inspector sample goods analysis held inspector send assistant buy sample coffee way authorized assistant exercise discretion legally ultimately courts decide issue based parliament authorized according summarized language scope objects empowering statute cases lines international holding singapore tourist promotion board singapore law reports reissue high_court singapore motors vehicles singapore motors vehicles motors ltd singapore motors legislation interpretation act cap works cane peter making decisions rules administrative law 4th oxford oxford_university press isbn peter anthony gordon administrative law 6th oxford oxford_university press isbn lord andrew smith judicial review 6th london sweet isbn wade william christopher retention discretion administrative law 10th oxford oxford_university press isbn articles chris judicial review policies discretion public law chris december policies non principle principle substantive legitimate expectations rock hard place judicial review john mark duty law law journal archived original january david delegation alter ego principle law quarterly review books paul failure exercise discretion administrative law 6th london sweet isbn

Fettering of discretion in Singapore administrative law


precedent fact errors singapore law errors precedent facts called facts singapore administrative law errors committed public authorities concerning facts exist exist authorities power actions decisions legislation error concerning precedent fact statutory power exercised high_court judicial review applied person willingness court review errors fact exception general rule court reviews errors law united_kingdom house_of_lords held nature decision making process public authority required engage determines matter falls precedent fact category process complex discretion accorded authority empowering statute court unlikely find precedent fact involved hand administrative decision individual liberty matter considered precedent fact category parliament explicitly excluded judicial review parliament intends meaning crystal clear singapore inherited english administrative law independence singapore courts adopted position holding necessary relevant statutory provisions parliament expressed intention plain words discretion conferred executive precedent fact category introduction distinction errors law errors fact errors law committed public authorities act decisions jurisdiction high_court singapore correct way judicial review hand court generally unwilling intervene alleged error concerns facts matter rationale rule court role judicial review administrative action legality merits decisions public authorities said error fact involves situation new different primary facts court new witness people saw heard error law involves statutory word phrase regard facts distinction view taken courts simply regard matter involving error law wish adopt approach seek allow judicial review place thin high_court accepted authority discretion depends existence certain facts court ensure facts exist taken account authority authority exercised discretion proper self direction facts authority taken account matters ought considered law professor ann expressed view decision indicates court primarily concerned error committed court exercise judicial review regardless error non nature law fact boundary indistinct conceptual judicial review confined legal error review factual findings threatens turn review appeal mixed fact law occasionally distinction errors law errors fact public authority alleged committed error mixed fact law high_court likely leave matter authority decline intervene case statutory term evaluated authority general ambiguous reasonable people different meanings situation generally left authority evaluate meaning term illustrated london borough council involved public authority bore statutory responsibility providing homeless people accommodation applicants married couple lived children single room guest house application permanent accommodation rejected authority claimed homeless meaning statute house_of_lords upheld decision determining issue applicants accommodation question fact determined public authority existence non existence fact left judgment discretion public body fact involves broad spectrum ranging obvious duty court leave decision fact public body parliament entrusted decision making power save case obvious public body consciously acting errors precedent facts error precedent fact exception general rule high_court review errors fact classification broad grounds judicial review set council civil service unions minister civil service case procedural error precedent fact regarded form error precedent fact committed public authority power action decision question existence non existence fact case condition precedent exercise power example error nature found united_kingdom case white collins minister health case relevant statute authority issue compulsory purchase order affecting applicants land things park minister confirmed purchase order court appeal england wales held finding minister exercise power acquire land park land park precedent fact minister committed error concerning fact united_kingdom position courts united_kingdom stated precedent fact doctrine applicable statutes secretary state home department held statute question fall precedent fact category having regard nature power conferred public authority pakistani immigrant granted entry certificate enter country basis unmarried intending join father lived england dependent months issuance certificate married month later march arrived london airport granted leave immigration officer enter country indefinite period officer ask married volunteer information son subsequently born pakistan wife wife son applied permission join point validity entry country following investigations detained view removal ground obtained entry certificate deception detention found divisional court court appeal house_of_lords legal issues arose basis judicial review conclusion home secretary immigration officer leave enter deception counsel argued case decision ordinary administrative law grounds case exercise power depended precedent establishment objective fact house_of_lords disagreed argument held nature process decision conferred immigration officers inconsistent requirements establishment precedent facts immigration officer consider complex statutory rules non statutory guidelines documentary evidence doubtful statements verified said practices attitudes foreign state estimated room appreciation discretion hand court placed determine conflicting statements true decide factors material immigration officer decision court determine case based evidence cross examination evidence usually occur practice case fall precedent fact category court unable review decision house_of_lords modified holding later decision secretary state home department secretary state home department facts case involved separate similar entered country allegedly medical officer thinking married answer contrary given leave enter having unsuccessfully applied brussels entered flying manchester saying stay week return brussels continue studies facts later surfaced proving time entry contrary declaration single married woman entered flight attended different immigration officer granted indefinite leave remain returning resident detained illegal immigrants house_of_lords held ought followed reasoning affect judicial protection liberty executive seeking interfere lord judges hearing appeal said case stated court function seeing reasonable grounds decisions immigration authorities view immigration officer entitled order detention removal person entered country virtue valid permission person illegal precedent fact established immigration officer reasonably believes illegal evidence justify belief accordingly duty court reasonable grounds belief according lord limited scope judicial review principle words court intervene decision statutory authority shown authority acted held principle correct appropriate circumstances extend interference liberty parliament enacted emphasized parliament wished exclude judicial review exercise power restrained liberty meaning crystal clear facts parliament clearly expressed intention exclude judicial review discretion exercised immigration authorities statutory provision question fell precedent fact category ultimately appeal allowed authorities successfully demonstrated obtained permission enter deception conversely clearly immigration officer concerning marital status appeal dismissed singapore position courts singapore followed legal position errors precedent facts united_kingdom illustrated high_court case controller immigration held precedent fact exercise executive power court responsible deciding precedent fact satisfied principle affirmed court appeal case minister home affairs applied principle set departure approach taken case court examined review executive power sections internal security act section minister home affairs order directing person detained trial president satisfied detention necessary prevent person things security public order singapore section allows minister suspend detention orders thinks fit delivering judgment court chief justice held scope judicial review depends precedent fact involved discretion falls outside precedent fact category scope judicial review limited normal judicial review principles procedural hand precedent facts involved scope judicial review extends deciding evidence decision particular power subject precedent fact depends construction legislation creates power power required exercised based objective facts parliament decide relevant decisions facts application facts relevant rules necessary exercise discretion decision maker case scope review limited principles long parliament makes intention clear scope review limited liberty subject concerned court decided sections fell outside precedent fact category section stated plain terms president satisfied detention necessary view preventing acting manner national security decision entrusted president similarly decision evidence order section public interest entrusted minister act addition court view judicial process suitable determining issues involving national security think parliament intended court law determine evidence likely pose security risk consequently court determining detention decisions violated administrative law rules relating procedural contrast thin high_court expressed view regulation customs regulations fact goods exported singapore precedent fact customs officer power require owner goods pay customs duty court decide customs officer decision justified evidence merely evidence reasonably reached decision court pursue point argued case basis cases secretary state home department secretary state home department secretary state home department minister home affairs singapore law reports reissue court appeal singapore archived original december thin high_court singapore works peter anthony gordon textbook administrative law 6th oxford new_york oxford_university press isbn articles andrew november illegal immigrants declare house_of_lords cambridge law journal harrison search precedent facts trent law journal archived original january williams error error reform review error law fact public law archived original july books cane peter substantive review introduction administrative law 4th oxford press isbn paul review fact evidence administrative law 6th london sweet isbn wade william christopher jurisdiction fact law administrative law 10th oxford oxford_university press isbn lord andrew catherine concepts jurisdiction administration smith judicial review 6th london sweet isbn


inc inc labor law case decided supreme_court united_states held employees right national labor relations act presence union steward management inquiry employee reasonably believes result discipline facts inc operated chain food outlets operated types food establishments stores lunch lobby food operations purported policy allow employees stores lunch free lunch employees lobby food operations allowed free lunch distinction actual policy figure controversy follow beginning collins employed sales person store store lunch counter transferred store lobby food operation worked sales person sales person collins represented collective agreement local union retail union later united food commercial workers report collins taking money cash register internal investigator spent days june observing store knowledge store manager completing surveillance investigator informed store manager presence reported find wrong store manager told investigator reported collins failed pay price box chicken purchased manager investigator summoned collins interview questioned collins asked presence union representative times refused manager time questioning collins explained pieces chicken cost total larger box hold chicken store run piece sized boxes check collins story investigator left ask reported confirmed store run size boxes admitted know chicken collins placed larger box investigator returned interview apologized collins prepared let collins burst tears thing gotten store paying free lunch prompted renewed questioning investigator manager differing policies free lobby food operations allowed versus stores lunch allowed collins requested refused presence union representative based questioning investigator prepared statement collins owed refused sign statement later found employees store including manager took free informed policy prohibiting investigator contacted company headquarters interview company uncertain policy free effect store result investigator terminated questioning store manager asked collins inquiry private collins reported interview shop steward union representatives result unfair labor practice proceeding brought national labor relations board judgment national labor relations board applied right recently announced quality clarified oil employees right section national labor relations act presence union representative inquiry employee job jeopardy explained decisions having union representative present exercise right mutual aid protection protected section employer refusal presence unfair labor practice result found engaged unfair labor practice refusing collins representative appealed united_states court appeals fifth circuit fifth circuit fifth circuit held interpretation section refused enforce order fifth circuit followed lead seventh fourth circuits refused enforce previous decisions oil quality respectively fifth circuit argued union presence necessary collins questioning company attempting bargain way additionally court argued requiring union representative time threat discipline present extend scope far broadly appealed supreme_court united_states granted hear case supreme_court supreme_court reversing fifth circuit held decision appropriate interpretation court explained entrusted responsibility adapt changing times result courts reviewing decisions authority reject interpretations decisions led court observation change interpretation time required comply earlier decisions court held case interpretation section union representation employer inquiries constitutes activity mutual aid protection statute particular inquiry implications worker employee interest outcome establishes rules follow future court pointed having representative present help employee fearful accurately participate investigation employer facts helping find sources investigation court pointed requiring union representative inquiries consistent actual labor practice found result court reversed directing fifth circuit enter judgment enforcing order justice said following justice arguing adequately explained justified decision impose union representative presence requirement argued court required accept decision adequately explained justice stated case fuller explanation decision justice argued interpretation section having union representative present investigation matter left process argued creates framework employers unions bargain employment benefits cover specific benefits like right union representative present explained section protects rights essential employee self organization include right issue case result affirmed fifth circuit right presence union representative covered section justice noted relied majority applicable situations union significance decided extended retracted times right announced case removed changed mind times right representative present investigations applies non union case materials research extended right unions reasoned right derived section section section covers exclusive rights unions act collective process available section rights available employees union vary based workplace explained right employee present interviews lead discipline helped reduce inequality employees management intended true regardless workplace removed right non years later case explained right union representative inquiries lead discipline appropriate union protects rights workers terms conditions individual worker union present right inappropriate employers authority deal employees individual basis right presence employee explained representative protects interests individual employee entire collective unit result giving employees non like requiring employer deal equivalent union representative intended result employees represented unions right representative inquiries case found ohio extended right non decision affirmed united_states court appeals district_of_columbia circuit withdrew right case noted interpretation extending right representation investigations lead discipline extend right purely policy decision considering policy issues sides decided employer right conduct prompt efficient thorough confidential workplace investigations employee right representation investigations withdrew right unions workers union members right presence representative management inquiries changed decision issue time unclear true future


thomas thomas australian court case decided victorian court appeal august concerned conviction february joseph thomas nicknamed jack media terrorism related charges specifically receiving funds appeal revolved confession thomas interrogation pakistan court found evidence crucial thomas convictions given voluntarily court accordingly convictions hearings ordered december acquitted background case joseph thomas australian citizen march left australia travelled air pakistan crossing afghanistan land months alleged trained training camp near city travelling july eighteen months thomas stayed safe houses alleged contact officials january thomas pakistani immigration officials airport city taken custody thomas items including australian issue passport airline ticket travel indonesia cash passport issued intention details thomas movements departure australia driven unknown location questioned hours pakistani men americans questioned times days taken location thomas described sort mansion house kept small cell weeks questioned number occasions initially maintained fabricated story student travelling pakistan later revealed truth contact afghanistan said motivated change story incidents including pakistani pulled collar hood incidents said executed according thomas told cooperation welcome returned home weeks thomas flown remained custody visited australian representative later gave evidence thomas appear denied food water representative testify thomas phone parents australia told going cuba referring bay camp pakistani official replied correct january january thomas interviewed times members australian federal police members australian security intelligence organisation accompanied pakistani officials interviews pakistani official said thomas told prove terrorist prove innocent man sitting thomas transferred time city kept weeks interrogated pakistani officials american official referred joe man suggested thomas return afghanistan recording device obtain information figures suggestion thomas rejected feared killed joe threatened thomas sent afghanistan tortured having twisted implied agents sent australia rape thomas wife thomas returned march thomas interviewed members special arrangements pakistani inter services intelligence interview conducted australian law particularly requirements federal evidence act crimes act evidence gathered allowed interview limited allow thomas access legal advice interview thomas self statements key later convictions central issue appeal statements thomas admitted passport conceal time pakistan admitted money airline ticket given high ranking lieutenant involved united_states embassy bombings uss cole bombing march wrote requirements australian legislation saying record interview australian courts seriously compromised june thomas released pakistani custody point deported australia spent nearly year half subsequently living family melbourne suburb victoria arrested november charged federal offences including count possessing false passport offence act count receiving funds terrorist organisation counts providing resources terrorist organisation offences criminal code act trial thomas tried supreme_court victoria february found guilty passport charge receiving funds charge acquitted providing funds charges later sentenced march total years imprisonment year non parole period respect record march interview trial judge justice instructed jury normally failure avail right legal access fatal admission subsequent interview requirement absolute hollow suspect right choose proceed legal access right choose answer wait legal bus arrive answer legitimate aim ultimate return australia choice choice assessment judge said conducted interview fairly properly attempted use thomas lack legal representation favour trial judge concluded thomas properly informed right silence induced officers participate interview offer reward ultimately decided thomas participated voluntarily interview circumstances thomas lack legal advice record interview arguments behalf thomas argued trial judge errors law trial judge found march interview voluntary voluntary trial judge excluded grounds public policy matters raised relating particular parts evidence specifically relating witness testimony buffalo matters little bearing final outcome case dealt briefly court central argument raised regard circumstances thomas actually practical choice speak main argument alternative argument court decided fact voluntary admitted basis unfair factors including thomas lack access legal advice right obtain vulnerability circumstances contamination record interview previous joint team potential actual use remind earlier answers parties sought involved case amnesty international represented federal court justice ron victorian human rights advocacy group human rights law resource centre applications rejected assist court way assisted submissions largely submissions event judgment unanimous decision judges decided appeal allowed specifically leave appeal granted appeal heard allowed basis march interview voluntary admitting trial judge error law resulting justice interview court quoted judgment future chief justice australia owen followed unanimously high_court australia later decisions said common law statement court accused person admitted evidence trial crime relates shown voluntarily means substantially exercise free choice speaks statement received evidence matter means statement result intimidation persistent sustained insistence pressure voluntary definite rule common law statement voluntary preceded held person authority removed statement court noted recent decision emphasised principles evidence strike balance rights individual rights state hand obvious need bring account committed offences objectives criminal justice system achieved societal values forgotten values incorporate rights individual define nature relationship citizen community resides court considered thomas regularly informed interrogated degree determine happened given position authority figures thomas readily perceived ability change situation idea able help thomas court pointed actions showing thomas photographs family letters said deliberately improper trial judge indicate necessary way interpreted thomas position indications reunited family particularly thomas expressed happiness seeing photographs took away saying look later comments calculated intended remind dependent captors court rejected opinion trial judge thomas viewed march interview differently interviews concerned intelligence gathering emphasised similar interviews place personnel topics considered offered previous interviews threats intimidation previous interviews american joe remained operative power march interview lastly court rejected argument voluntary thomas knew right silence practical opportunity exercise right court concluded trial judge error separating interview circumstances circumstances thomas real choice answer questions threat confess tortured said involve choice chance torture applied regarded free choice relevant sense ultimately court found given voluntarily discretion exclude evidence unnecessary decide alternative argument court addressed briefly considering previous cases issue court considered australian investigators acted fairly concluded course properly open investigating officials light position taken pakistani authorities acknowledge formal record interview conducted long pakistan investigating officials appreciated interview unlawful contrary australian law court referred judgment justice high_court said discretion evidence obtained access legal advice admitted judges free decision reference general notions court concluded trial judge exercising discretion bar evidence admitted necessary decide point consequences thomas original convictions final orders commonwealth director public sought submission directed court heard brief arguments set aside issue hearing held parties written submissions prosecution sought introduce evidence statements thomas interview australian broadcasting corporation corners television program february parties submissions oral hearing december parties accepted relevant test applied test set high_court case sets requiring evidence presented trial sufficiently support conviction second requiring consideration circumstances accused case unusual feature evidence prosecution seek use available original trial fault prosecution interviews taken time published ultimately parties agreed evidence evidence submitted original trial considered applying test court decided reasonably possible jury convict thomas based available evidence considered factors thomas lawyer argued delay thomas prosecution arrested seventeen months returned australia extensive media coverage case meant unlikely thomas fair trial thomas given spent long periods custody solitary confinement conviction led diagnosed depression post traumatic stress disorder court opinion fair trial impossible circumstances factors considered court ultimately decided circumstances court ordered december thomas thomas released bail requirements report times week leave australia thomas family court hear verdict mother crying thomas looking like rabbit terrorist thomas november scheduled commentary decision praised civil president council civil liberties robert said decision important pressure case said terrorist case unacceptable court appeal said unacceptable university melbourne evidence law professor andrew said think little bit naive think interview somebody gather evidence person held conditions possibly oppressive don know thinking decision attracted criticism conservative columnist piers said decision handed terrorist organisations major victory confirmed law ass emphasised information thomas including corners interview available public domain populace judgment despite judicial commands ignore material minor relevance petty conservative melbourne lawyer peter called appeal high_court changes laws evidence legislation saying case bad law alternatively suggesting thomas handed pakistan stated evidence interview opinion pakistani court argued issue apparent bias arising respect presiding judge appeal afford grounds appeal noted pakistani law evidence permit confession police officer admitted evidence argued apparent bias arose activities appointment supreme_court victoria including membership organisations including amnesty international past presidency liberty victoria past involvement human rights law advocacy counter terrorism laws drew comparison house_of_lords case considered overturned appeal lord failure disclose links amnesty international ongoing proceedings relating thomas acquitted government australia opposition commented immediately case treasurer peter later said anti terrorism legislation need strengthened wake case opposition foreign affairs spokesperson kevin said plain events yesterday government badly prosecution case henderson said case highlights emerging division civil liberties advocates hand democracy defence lobby maintains radical poses real present danger western nations


black act black act act parliament great_britain passed response series raids groups known blacks arising aftermath south sea bubble collapse ensuing economic blacks gained habit faces undertaking raids quickly demonstrated calculated programme action conscious social resentment activities led introduction black act parliament april came force act introduced death penalty criminal offences including found forest disguised single statute passed eighteenth century black act severity appointed punishment death cases following criminal law reform campaign early 19th century largely repealed july reform bill introduced robert came force background following south sea bubble collapse britain suffered economic led heightened social tensions small element activity groups based hampshire windsor forest respectively activity came hampshire group began october assembled raid park bishop winchester deer carried killed later caught released lack evidence sentenced year day prison known blacks faces prevent identification famously hampshire groups blacks response convictions decided attack bishop property demonstrating calculated programme action conscious social resentment distinguished normal attack deer taken killed leading royal proclamation offering information led arrest gang followed series raids highlighting fairly direct class hatred culminated raid shipment wine ordered prince wales proved final straw sir francis page notorious hanging judge sent winchester forcing hampshire blacks underground windsor blacks began activities copying hampshire group main target park owned earl series increasingly raids including son killed response actions government introduced black act formally act wicked evil disposed persons going armed disguise injuries violence persons properties majesty subject bringing offenders justice parliament april came force act act dealt armed face armed disguised merely merely disguised accessories fact person persons fitted categories found forest chase royal park sentenced death similarly offence hunt kill wound steal deer locations offence fine second transportation activities included fishing hunting destruction fish ponds destruction trees killing cattle locations death executed set fire corn hay straw wood houses shot person penalties applied attempting rescue imprisoned black act attempting people participate crimes violated total act introduced death penalty criminal acts aftermath blacks leaders captured passage act later escaped series raids captured total blacks tried act passage reading sentenced death killing son executions occurring june trials continued captured tried december marked effective end blacks organised group time thought blacks sir robert encouraging ideas advance interests rationale act described induced need new powers fight deer stealing modern scholars differed view blacks argue links blacks fantasies blacks simply mixed group labourers gentry defending customary rights claimed blacks closely connected black act designed combat political threat march philip arrested government drinking health home nurse portsmouth testified held meetings inn sir henry fled france plot discovered august quickly known dutch ambassador requested blacks support rising ambassador wrote blacks originally group allegiance primary reason passing black act wrote settled affair gentlemen country raise regiment mounted armed knew easily men horses homes truth persons time robbed late bishop winchester park increased number blacks live loyal little town saw upwards blacks body half mile house running customs officers following abused carried cargo told thousand believe taken loyalty heads hope prove useful late rising newspapers reporting blacks reappeared hampshire stealing deer parks sir claimed act passed order suppress legitimate protest organized gangs destroying deer planning rising act described severe notes cambridge law journal single statute passed eighteenth century black act severity appointed punishment death cases efforts repeal started comments william grant wider debate reform formal recommendation repeal took decade publication report criminal laws marking official suggestion law removed statute books following publication report sir james introduced law reform bill repealed act passed house_of_commons successfully strongly opposed lords submitted memo house_of_commons suggesting repeal act months later robert home secretary introduced bill repealed entirety black act provisions setting fire houses shooting person passed came effect july


united_states supreme_court patent decision court unanimously affirmed decision federal circuit patent exhaustion doctrine permit farmer plant grow saved patented seeds patent owner permission case arose hugh indiana farmer bought seeds local grain elevator second crop season originally sold farmers limited use license prohibited farmer buyer seeds single season saving seed produced crop farmers sold crops seeds local grain elevator bought seeds second harvest filed lawsuit claiming patents license response argued claims barred doctrine patent exhaustion future generations embodied generation originally sold unanimous opinion written justice supreme_court ruled conduct patent rights doctrine patent exhaustion permit farmer reproduce patented seeds planting harvesting patent holder permission court held farmer plants harvested saved seed growing crop action constitutes unauthorized making patented product case garnered attention potential impact policy genetically modified crops self technologies involvement justice thomas previously served lawyer commentators noted court ruling narrow scope set broad legal precedent respect doctrine patent exhaustion self technologies background factual setting developed patents genetically modified resistant based farmers sprayed modified modified survive competing plants killed sold limited use license prohibited farmer buyer seeds single season saving seed produced crop indiana farmer hugh bought seeds local grain elevator second crop season saved seeds second crop additional crops later years purchased seeds elevator neighbors sold crops elevator sold seeds planting tested new seeds found expected resistant seeds original second harvest subsequent years second seasonal planting bought elevator informed activities stated patents bought elevator products purchased use seeds license stated patent exhaustion sale seed farmers produced crops bought elevator grounds seed future generations embodied generation originally sold previously purchased planted seeds license agreement promising save seeds resulting crop agreement relevant purchase seed grain elevator litigation sued patent infringement united_states district court southern district indiana lower court filing suit moved summary judgment response argued allowed continue license past exhaustion able dominate market district court found arguments compelling found bound previous court decisions control district court ruled favor court held original farmers use later generation seeds license sale patent rights exhausted court entered judgment making selling offering sell seeds patent appealed decision united_states court appeals federal circuit argued license agreement allowed sale second generation grain elevators subsequent buyers caused patent rights exhausted united_states supreme_court ruling computer electronics inc argued license agreement specifically prohibited use second generation seeds planting federal circuit upheld lower court decision favor petition supreme_court sought review united_states supreme_court argued federal circuit decision conflicted existing supreme_court precedent patent exhaustion said united_states lens showed patent exhaustion applied patent holder created post sale restrictions claimed federal circuit created judicial exception patent exhaustion allowing dominate seed market finally argued making new seeds merely planting crops argued federal circuit decision correct created new product patent argued appropriate case hear decision decided patent exhaustion sale supreme_court requested united_states brief court solicitor general filed brief generally support position united_states asked court deny supreme_court granted october supreme_court arguments represented mark lawrence argued authorized sale seeds extinguished patent merely seeds legitimately purchased claimed federal circuit created exception exhaustion doctrine decision properly congress decide solicitor general represented argued second generation seeds subject exhaustion existed created sold time infringement noted exhaustion applied allow create new copies patented product second generation seeds number filed behalf parties example american intellectual property law association arguing behalf wrote right control propagation patented seed disrupt balance created congress patent act plant variety protection act american seed trade association arguing behalf wrote seed technology benefits farmers consumers environment national farmers union arguing behalf wrote patent exhaustion exception self technologies inconsistent court precedent competition policies reflected sale doctrine center food safety wrote genetic engineering commentary prior supreme_court ruling months leading decision commentators weighed issues relating case justice thomas served lawyer company years earlier critics questioned remain commentators noted case raised important question exhaustion doctrine include exception self technologies day include self robots wrote case practical substantial case highest stakes cases term predicted unlikely court rule coverage case oral arguments observed justices expressed sympathy position opinion court justice delivered court unanimous opinion affirmed judgment federal circuit justice stated authorized sale patented item terminates patent rights item exhaustion permit farmer reproduce patented seeds planting harvesting patent holder permission justice stated farmer plants harvested saved seed growing crop action constitutes unauthorized making patented product violation section patent code justice concluded patented seeds obtained elevator use feed produce additional seeds crops commentary analysis court published decision analysts offered range opinions impact court ruling academic author brief behalf filed american institute expressed relief loss narrow basis providing broad lack patent exhaustion self technologies kevin argued analysis computer leads conclusion patent rights covering self seeds exhausted authorized sale including subsequent generations seed companies exclude subsequent carefully written license restrictions writing noted tenor court came clearly court ridiculed called blame defense argument new seeds seeds replicated academic richard stern issue court refusal shelter conduct exhaustion doctrine criticized court classification act planting seeds growing crops act making new patented article reported criticized decision noting attempting obtain benefit genetic modifications organic fear sued cross contamination additionally harvard law review wrote court reached correct outcome wrong route ruling role licensing agreement exhaustion doctrine ill suited address challenges posed self technologies commentators suggested case broad ranging impacts self technologies marie suggested court appeared alert consequences ruling value patents technologies like cell lines software likewise christopher wrote case viewed oncoming wave controversy self technologies challenge ability patent system respond effectively william wrote cases like probably appealed supreme_court technologies prevalent society subsequent developments similar case organic seed trade ass coalition farmers filed suit challenge patents resistant crops argued crops contaminated seed inevitable given seed today accused patent infringement sued declare patents invalid asked claim patent infringement farmers providing written sue case dismissed lack controversy suit demonstrate instances current harm future risk gave assurances plan sue cases infringement crop patent issue case expired prior announced longer enforce licenses associated


united_states supreme_court case court declined state court conclusion minor custody purposes police interview michael helped friend paul steal truck santa springs california truck owner killed robbery convicted second degree murder role crime evidence conviction primarily based statements given hour police interrogation occurred parents brought police station years old read rights questioning murder trial state court motions suppress statements given denied ground police custody time interrogation read rights appealed conviction claiming determination custody incorrect courts age account split decision supreme_court declined state court conclusion custody incorrect court noted precedent required use age determining police custody change north_carolina held age relevant determining custody case cited subsequent supreme_court decisions precedent providing state courts latitude making decisions general broad rules background crime investigation michael agreed help friend paul steal truck parking lot shopping mall santa springs california pulled gun approached driver truck demanding keys hid driver door driver refused shot killed helped hide gun los_angeles county sheriff detective led investigation crime investigation contacted parents saying wished speak parents brought police station interviewed brought interview room questioned hours parents asked present interview allowed police admitted questions helped friend try steal truck helped hide gun police required suspects warning informs suspects legal rights interrogation given warning time questioning form basis legal defense trial conviction state california charged friend degree murder attempted robbery attempted suppress statements given interview basis read rights trial court denied motion basis police custody time gave statement subsequently convicted primarily based statements police interrogation conviction reduced trial judge second degree murder comparatively minor role offense california courts appeal affirmed conviction agreed custody supreme_court california declined review trial focused custody police interview according thompson determine custody courts apply reasonable person test reasonable person felt free leave petition corpus conviction filed writ corpus claiming custody analysis incorrect court considered age reasonable person test effective death penalty act federal court grant corpus person held state court judgment state court judgement resulted decision contrary involved application clearly established federal law determined supreme_court united_states corpus petition depended demonstrating state court custody determination incorrect united_states district court central district california agreed state court correct court appeals ninth circuit reversed court appeals held state court mistake accounting youth inexperience evaluating custody oral argument chief justice william noted early oral argument case presented questions ninth circuit ruling consistent supreme_court precedent second state courts ruling according california deputy attorney general argued ninth circuit ruling consistent precedent supreme_court addressed age factor custody analysis associate justice stephen remarked thought supreme_court precedent necessary thought obvious age affects reasonable person feel free leave john time assistant solicitor general argued age doesn legal difference purposes rule uniformly applied people police officers required inside head suspect allen arguing claimed state court decision consider circumstances surrounding investigation required thompson specifically considered circumstances custody total age considered associate justice responded saying according thompson custody objective test factors like characteristics individual matter opinion court associate justice anthony kennedy wrote majority opinion court declined state court decision fair minded disagree custody kennedy noted facts claim custody facts pointing custody included interview took place police station interview lasted hours told free leave parents allowed present interview facts weighing custody included transported police station police threatened told placed arrest interview focused crimes friend crimes court tasked conducting separate inquiry issue custody court tasked granting relief lower court decision kennedy wrote given standard state court decision reasonable clearly central reversal ninth circuit fact state court account age experience law enforcement custody analysis court findings issue court held use age custody analysis explicitly required previous inexperience law enforcement rejected court noted previous opinions rejected reliance factors connor associate justice day connor wrote agreed finding state court decision reasonable connor held cases age relevant custody analysis affirmed court north_carolina dissent associate justice stephen wrote opinion justice stevens justice justice joined disagreed majority holding fair minded disagree custody holding facts compelled single conclusion custody held actions police arrest threaten important police specifically police parents bring police station brought interrogation room kept parents questioned hours matter age found relevant custody analysis held law prevents judge including age custody analysis called discussion experience law enforcement misleading experience law enforcement difficult determine noted age known objective fact reception case received positive negative reception scholarly publications support note published journal criminal law supported decision procedural grounds noting age custody analysis precedent established supreme_court note argued establishing broad legal precedent outside bounds authority ninth circuit supreme_court right reverse instead note supported state court applied law supreme_court past criticism professor university minnesota law school wrote court decision treated juveniles functional equals adults interrogation past quarter century developmental psychological research consistently emphasized inability understand exercise rights paul holland professor seattle university school law wrote assumptions justice kennedy context considering age student suspect questioned school present significant risk clarity court sought provide law enforcement officers questioning students school aware students status minors role subsequent decisions granted state courts cited subsequent supreme_court decisions precedent providing state courts reaching case case general rules north_carolina court rejected argument previous holdings supported age custody analysis court rule use age court clarified north_carolina ruling child age relevant custody analysis year old student interrogated school investigator police officer school officials series confessed committing given warning interrogation motions suppress statements trial denied ground custody age factor custody determination supreme_court found age considered custody analysis instructed lower court new finding custody taking age account


secretary health human services secretary health human services known proceeding court case involving family girl parents sued united_states government believed caused known containing proceeding required present test cases proposed mechanism according caused children case hypothesis family sought compensation national injury compensation program order qualify required prove likely children caused scientific community concluded cause years cases heard concern expressed relatively standards lead compensation awarded spite compelling scientific evidence contrary supporters argued adverse public health effects manufacturers producing childhood existed designed handle thousands cases received led establishment proceeding trial opened june washington expert witnesses argued containing degraded immune system turn possible weakened virus cause persistent infection leading support hypothesis witnesses relied reported detection virus tract john laboratory dublin government expert witnesses demonstrated positive results caused contamination lab actual infection february special masters ruled entitled compensation failed demonstrate containing combination cause special masters concluded things government experts considerably qualified behalf families special master george hastings stating physicians guilty view gross medical background national injury compensation program established united_states passing national childhood injury act funded cent tax dose program aims maintain steady supply time allowing victims injury compensated efficiently previously possible program operates according fault principle family sought compensation program year old female wheelchair user arizona involved test cases chosen government represent approximately cases brought court born august received containing months life december received michael filed injury claim behalf daughter december january changed petition fact claim meaning arguing developed result combined effects result meeting taken place previous year andrew defeat conference families filed suit believed children caused entitled compensation following year office special masters united_states court federal claims held series meetings decide deal claims july issued order establishing proceeding according normal received age months point developed degree fever began developed diagnosed months receiving according washington_post legal standard cases subjected trial meant outcome scientific standards evidence legal standard lawyer families called percent feather given large number seeking compensation proceeding established aim resolve pending claims aggressively fairly overview prior case beginning scientific community conducted considerable research link containing research consistently come conclusion link existed supporters paul argued standards proving caused adverse effect far low court find favor argued happened manufacturers discouraged manufacturing childhood lead frequent shortages case family claimed normal receiving evidenced number videos age months argued containing degraded immune system possible virus cause health problems suffers include disease evidence presented consisted primarily detection virus tract according testimony professor psychology new school strain virus caused ing gut enter ing brain causing brain cells turn high levels causing state symptoms case witnesses behalf state testimony attracted attention psychiatrist university medical university colorado health sciences center stephen queen mary university london experts testified behalf state included cook psychiatrist griffin university stephen brian ward published research failed replicate lab results max testified behalf university arizona arthur thoughtful house molecular biologist wake forest university retired kennedy virus texas tech university retired june presented argument contended children suffered mercury disorder described expert witness problem getting metal case mercury cell evidence disorders documented pointed wilson disease based claim peer reviewed papers study authored concluded hair children contained mercury children stated know hair organ hair reflective mercury metal blood blood reflection mercury tissues fact children mercury hair hint indication mercury disorder second studies conducted james adams found baby teeth children twice mercury children cited study evidence children greater body burden mercury study statement conducted jeff mark gave acid agent children concluded children mercury children cited number studies evidence cause immune system following day presented second argument caused damage witness day arthur testified opinion case depended virus detected tissue children lab study conducted steve walker jeff evidence lab results reliable study preliminary stages time trial presented poster international meeting research year walker warned haven demonstrate virus causing causing disease trial day presented argument paper reported presence strain virus tract reliable techniques detect said virus witness day molecular biologist testified positive negative controls authors led john runs lab dublin appropriate operating procedure employed testing appropriate minimize possibility contamination utilized appropriately selected implemented contended studies failed replicate paper results flawed reasons looked cells children tract test children testified immune system allowed virus persist system immune system result virus stated caused combination virus containing received viral kennedy testified selective immune like testified lab reliable followed appropriate measures prevent contamination stating laboratory john colleagues good reputation kennedy testified attended meeting reported testing reached results similar reported acknowledged lab published data line fact paper mention process retired testified developing normally december fever experienced shortly caused testified experienced chronic problems chronic disorder known reasonable conclusion single agent strain virus cause chronic conditions opposing arguments key lines evidence presented family normal received claimed evident videos taken months old testified displayed early signs clearly visibly family video taken prior receiving past president american academy clinical invited testify potential role containing triggering stated single study indicating form mercury cause symptoms criticized use studies happens actual animal arguing exposure cell dish far likely cause damage equivalent living system regard specific studies argued study flawed tested mouse cells human cells cells exposed human body receiving containing quickly cells exposed far higher concentrations occur result administration containing highlighted similar problems study noting cells study like study exposed higher found examined study holmes study noting better studies investigators replicate results holmes study study citing peer reviewed papers concluded hair mercury levels significantly different study participants controls study concluded children heavy metal body burden whatsoever pointed like studies study published non journal journal american physicians described fringe journal lots alternative national library medicine concluded degraded immune system extent months later caused brain damage saying couldn possibly case second set proceedings opposed working conjunction testified regard jordan king child served test case trial absolutely reason mercury related reason experts relied reported detection virus tissue claim based results lab examined stephen world renowned expert chain reaction authored number scientific papers subject book entitled pointed based results lab concluded based paper described lab contained lot dna actually detecting dna makes virus pointed things lab published study neglected use controls discuss contamination reason concluded positive results laboratory likely result contamination false citing peer reviewed papers evidence claim addition testified unable replicate lab results contrast kennedy claim able replicate results testimony countered testified compared results tests set normal values tests normal values utilized adults children instead compared results age adjusted set normal values results fell normal ranges noting expert report marker cell activity assessed case level entirely normal additionally ward expert report stated expert report contained statements appear entirely testimony countered ward noted correct virus causing ought blood stated travel body criticized expert report citing case series published journal american physicians regard study ward said data children included manuscript actually argue persistent infection brains children ward noted cited research conducted utah state university concluded children elevated ward stated expert report virtually cases caused virus position excluded reports work error alternate explanation finding recently tested anti children found differences control children point contention paper paul cited expert report ward noted neglected mention paper concluded overwhelming majority population studies indicate established additionally ward noted paper mention potential link decision february special masters ruled claims decision george hastings noted unlike testified evidence children uniquely susceptible mercury exposure medical doctor hastings described testimony addition regard theory children genetically mercury hastings concluded failed demonstrate theory validity according hastings decision testimony far testimony witnesses concluded insistence acceptable use adult norms measure immune function young children frankly incredible hastings wrote kennedy mistake comparing measurements immune system parameters adults kennedy testified results evidence lab testing conclusions reasonably drawn results noting published examining testimony hastings concluded contained contradictions inconsistencies concerning appropriate time period onset symptoms noted included virus cause chart wrote textbook proceedings hastings decision noted theories depend validity certain testing purported find evidence virus biological materials number children hastings concluded testing reliable decision noted authors paper performed children resulted large proportion apparently positive results group subjected apparently positive samples additional testing techniques order determine testing truly identifying virus virus application techniques revealed samples initially tested positive test fact virus regard remaining samples paper performed samples step demonstrated material testing appeared virus material fact virus material human genetic material regard case general hastings concluded evidence overwhelmingly contrary said family physicians guilty view gross medical appealed case march court upheld dismissal thereof august impact response second stated denial reasonable compensation families based inadequate safety science poorly designed highly controversial similarly coalition safety said statement deck stacked families court government attorneys defend government program government funded science government judges generation rescue argued courts won bring program hand scientists praised ruling paul stating theory day science court failed hold additionally speaks said proven benefits child protect diseases far risk cause strongly encourage parents children protect childhood diseases department health human services released statement saying hopefully determination special masters help parents cause similarly chairman american medical association stated recent special masters court federal claims provide overwhelming evidence association related disorders ruling wilson wrote contrast argued proceedings gave unnecessary publicity scientifically hypothesis successful management proceedings met intent original legislation protect integrity supply maintain public confidence provide injured fair hearing

Cedillo v. Secretary of Health and Human Services