jones jones decision supreme_court united_kingdom expert witnesses retained party litigation sued professional benefit immunity suit case involved psychologist instructed expert witness personal injury claim said signed statement matters agreed expert instructed opposing number concessions weakened claim considerably result according injured jones settle claim obtained expert succeed claim earlier court appeal decision decided preparation joint statement expert covered immunity suit succeeded getting claim struck trial application heard justice blake high_court justice judge issued certificate allowing court appeal straight supreme_court appeal decision supreme_court majority decided expert witnesses immune law england wales claims contract matters connected participation legal proceedings reversed line authority dating years case considered narrow issue preparation joint statement experts immune suit wider public policy issue able sue experts instructed breach duty discussion removing immunity chilling effect willingness experts participate court proceedings judges sides decision agreed evidence point lord phillips member majority compared situation expert witnesses advocates basis owed duties clients court advocates immunity claims removed hall change said led increase claims reduction performance duties owed advocates court lord hope minority said experts advocates different functions disagreed comparison pointed english law different scots law issue judgment called landmark ruling law society gazette lawyers saying decision expected long montgomery looked implications participants legal process commenting process away scope immunity appears far commentators concerned decision lead reduction number expert witnesses prepared involved particularly sensitive areas child abuse cases lady judge said changing law way irresponsible said position instead considered law commission parliament background paul jones involved road traffic accident later brought claim damages physical psychiatric injury instructed defendant sue consultant clinical psychologist advise report claim expressed initial view suffering post traumatic stress disorder view taken psychiatrist instructed defending claim jones effects physical injuries consciously experts held discussion november agreement reach joint statement signed experts discussion showed conceded ground number issues weakening claim considerably agreed psychological reaction adjustment reaction stated jones reporting suggesting consciously giving incorrect information experts jones asked changed views completely according allegations subsequent claim damages felt pressure agree wording document represent agreed discussion represent true view jones personal injury claim subsequently settled trial jones brought claim damages professional basis personal injury claim settled considerably case signed document apparently reflect views applied strike claim filing defence basis claim possibly succeed given binding authority court appeal decision expert witnesses sued preparing joint statement opposing expert witness application succeeded justice blake sitting high_court granted certificate section administration justice act allowing court appeal proceed directly supreme_court united_kingdom unlike court appeal power decision wrong took view substantial likelihood overturned supreme_court basis policy blanket immunity witnesses protecting witnesses fact witnesses opposing expert witnesses retained party advise proceedings issue proceedings prove broad sustainable judgment appeal heard seven justices supreme_court lord phillips president court lord hope deputy president lady lord brown lord collins lord lord decision allow jones appeal strike order reached majority lord hope lady supreme_court normally sits panel justices sit case great public importance majority views lord phillips said appeal raised narrow issue act preparing joint witness statement respect expert witness enjoys immunity suit broader issue public policy expert witness immunity liability relation performance duties capacity said surprising immunity simply accepted past challenged noted immunity dated years ago english law developed modern law originally complete protection witnesses claims developing cover protection claims noted difficult draw line present expert assistance immune claim earlier advice evidence given court earlier advice later developments client complained said immunity given argument firstly chilling effect claims making witnesses reluctant frank evidence provide expert evidence secondly risk expert witness reluctant comply paramount duty court involved giving evidence contrary client interest risk sued undesirable court hearing claim expert witness decide court decided claim expert gave evidence reached correct decision argument forefront defendant arguments lord phillips said wholly discounted noted claim based alleged conviction result expert struck abuse process conviction overturned rule hunter chief constable west police lord phillips noted expert witnesses unlike witnesses giving evidence facts volunteered evidence payment saw justification assumption experts discouraged providing services sued effect expert willingness frank evidence evidence way said witness integrity change view necessary ought concerned sued noted lord hall said witness owed duty care respect evidence duty tell truth considered incorrect failed distinguish witnesses fact experts expert contract client agreed perform duties owed court conflict duties respect expert witnesses like advocates owed duties client court witnesses fact noted long immune claims decision house_of_lords hall removing immunity said led advocates performing duty court mere assume different expert witnesses claims problem event present case procedural financial way unsuccessful making claims expert justification continuing hold expert witnesses immune suit relation evidence court views express anticipation court proceedings concluded immunity claims breach duty abolished lord brown concurred said gains derived denying expert witnesses immunity suit breach duty substantially exceed loss thought likely result potential liability lead awareness risks pitching initial views merits client case high views come expose later date thought healthy development ensure client caused loss expert witness acting manner receive proper remedy said cases likely highly exceptional lord collins agreeing noted result affect position expert opposing wider considerations policy allowing claims remarked existing ability prosecute expert witnesses disciplinary proceedings conduct preparing presenting evidence fit claim liability clients breach duty chilling effect experts willingness evidence lord agreed decision said expert expresses honestly held view differs originally expressed provided opinion fear party minority views lord hope said formidable body authority lightly disregarded favour immunity emphasised rule protect incompetent expert witness ensure witnesses coming forward giving evidence facing allegations attempt obtain damages concerned lack evidence way exception rule watson needed consequences introducing exception particularly effect decision majority remove immunity retrospective effect way legislation need certainty necessary extend rule witnesses view genuine claims barred result particularly concerned removal immunity experts risks protection given witnesses generally adding approach lord phillips contained seeds challenging concept witness immunity lord hope disagreed principles relied majority principle wrong remedy said policy decision protect witnesses litigation taken time ago said cast doubt policy choice asked rule altered allow claims claims founded claim barred witness immunity wrong remedy instance said advocates experts performed different functions assumed fact advocates immunity removed difficulty mean immunity removed experts problems impressed difficulties draw line claim allowed proceed argument chilling effect availability witnesses wondering impact experts involved criminal proceedings family cases involving children wondered company director owing duty care company face removal immunity making error giving evidence company behalf overall considered matter best left parliament law commission furthermore noted decision watson remained binding scots law preference decision jones jones concerned law england wales adding issue ought considered scottish law commission lady concerned decision asked doctor treating patient accident giving evidence happened opinions happen covered noted ruling case apply experts dealing cases courts including claims unfair dismissal employment disputes landlord tenants service charges rent assessments ought extend assessing patients tribunal proceedings mental health act educational giving evidence children special educational needs tribunal proceedings future education view sensitive highly cases performing expert duty tribunal perceived client patient parent breach duty family law cases said professional witnesses immunity claims evidence groups appearing arbitrary thought decision experts likely confirm previous views change lead higher insurance experts increased fees use exemption clauses contracts case shall started said overall called decision change law irresponsible like lord hope considered topic best left parliament law commission significance supreme_court conclusions described newspapers legal magazines landmark ruling historic decision major victory lawyers acting lawyer magazine said ruling expert witness industry similar vein legal training consultant said marked end amateur expert withdraw giving expert evidence lawyers involved case daniel predicted lead claims experts following year solicitor working field professional claims said insurance magazine post online result widely expected urged insurance industry stock decision consider terms cover offered experts lawyer quoted law society gazette saying decision long unlikely lead experts reluctant claims limit liability terms engagement montgomery matrix chambers considered wider implications decision wondering lead claims participants legal process allowed asked police officer owed duty care individual liable giving evidence making statement breach duty process away scope immunity available protect participants judicial processes appears far said penny cooper professor city law school london concerned lack clarity decision apart experts sued result commented witness box scary place lawyers concerned impact ruling willingness experts act particularly court cases involving allegations child abuse chairman expert witness institute james told independent sunday worried experts frightened prospects claims cases peter solicitor president association child abuse lawyers called decision adding found difficult find expert witnesses fear litigation drastic effect firm work writing new law journal chris called decision argued decision threatens foundation witness immunity based date view expert witness hired gun view majority ignored fundamental difference experts advocates saying advocates choice continue legal system experts continue ordinary work needing carry expert witness experts likely abandon work advocates making vulnerable litigation said little immediate difference experts professionals little worry found insurance case ruling help develop professional class expert making likely people contribute expertise occasionally professional expert witness better knowledge role duties expense challenge


county county case supreme_court united_states held state right assess tax property native american indian living tribal land absent specific congressional grant authority case arose minnesota county indian mobile home located reservation court ruled state authority impose tax generally regulate behavior reservation landmark case led indian gaming reservations altered economic status indian tribe later decisions citing ruled public law allows states enact crimes apply reservations impose regulations conduct allowed case called question ability states impose sort regulations tribal reservations labor standards certain traffic regulations background background information generally state authority tax indian tribe individual indian living reservation authorization congress based primarily commerce clause constitution states congress shall power regulate commerce foreign nations states indian tribes doctrine based worcester georgia stated indian tribes considered dependent sovereign nations deal directly federal government states authority regulate control tribes congress authorize states control tribes minnesota public law state congress granted state total criminal limited civil jurisdiction tribal land reservations history russell enrolled member white earth band component band minnesota tribe married helen helen enrolled member lake band minnesota tribe raised children reservation land lived mobile home purchased mobile home located greater lake indian reservation near lake county minnesota mobile home reservation subject taxes county june county notified mobile home subject taxes afford pay tax contacted lake reservation legal services project legal services help noting mobile home indian land lower courts behalf legal services attorney patrick sued state county district court county seeking relief injunction prevent state county collecting taxes indians tribal land filed class action suit dispute facts case matter submitted question law judge james murphy district court held state county authorized collect taxes public law murphy noted time sovereign indian nation members citizens minnesota received benefits state county services court system like services time district court decision legal services hired new director jerry indian law contacted native american rights fund help appealed minnesota supreme_court minnesota tribe united_states filed court supported position attorneys appeared behalf march minnesota supreme_court affirmed decision trial court unanimous decision holding public law showed congressional intent allow taxation minnesota supreme_court based decision primarily tribe indians appealed decision united_states supreme_court granted opinion court arguments time appeal prepared left legal services attorney record tribe paid fly washington prepare brief dan israel tribe attorney argue case supreme_court oral arguments april pointed public law gave state jurisdiction criminal matters civil causes actions legal term lawsuits congress passed indian laws time indian termination acts specifically authorized states collect taxes indians silence area meant congress intend public law brought leading article public law ucla law professor argued law established address problem crime reservations noted tribes adequate law order processes red lake band excluded state jurisdiction minnesota arguing state minnesota state attorney general office argued points tax valid language statute legislative history public law prior judicial opinions public policy conceded trailer fixed house real property exempt taxation stated taxes gasoline sales income taxes general apply indians unanimous opinion justice william delivered unanimous opinion court june stated public law designed eliminate restrictions states dealt indian tribes noted supreme_court prior decisions tribe jones arizona state tax states authority tax indians absent congressional consent county claiming public law granted consent evaluated statute regards taxation indians noted minnesota supreme_court found statute grant right tax personal property inherent power law specifically mention power tax rejected argument noting primary purpose law provide state criminal jurisdiction offenses committed indians reservations legislative history law provided support county interpretation noted tribal termination acts considered time specifically discussed taxation indians public law silent noted principles statutory construction regards indians specific differences possible interpretation resolved favor tribe indian minnesota interpretation meet tests consent congress tax statutory construction stated supreme_court follow state reasoning reversed lower court decision subsequent developments decision announced reported substantial victory indians local national press landmark case taxation indians tribal sovereignty having cited times july case significant impact indian gaming broad holding public law general state civil regulatory control indian reservations ruling challenge tax bill effect enabling indian tribes nationwide earn billion gaming revenue cases influenced involved states allowed regulated cases decided cited holding states legal grounds regulate games tribal land analysts point case grounds california band mission indians decided supreme_court noted california able impose civil regulations indian tribe tribal land case court noted california allowed gaming promoted state lottery prohibition gaming regulatory nature criminal notwithstanding fact games open non indians indians decision congress passed indian gaming regulatory act provide system regulation indian gaming industry case cited support concept case tribe indians united_states tribal rights explicit intent congress opined number legal scholars tribes subject state labor laws instances viewed allowing state jurisdiction traffic violations non member indians tribe reservation extensively discussed major legal textbooks native american law numerous high school college texts


refer rule english law creation express valid trust instrument certainty intention subject matter object certainty intention means clear donor wishes create trust dependent particular language trust created word trust donor knowing creating trust 1950s courts willing conclude intention create trust hold trust void certainty subject matter means clear property trust historically property segregated non trust property recently courts drawn line assets holding assets need segregation certainty objects means clear objects test determining differs depending type trust individually identified trustees able certainty comes categories uncertainty affect validity trust conceptual uncertainty uncertainty administrative conceptual uncertainty language unclear leads trust declared invalid uncertainty question fact answered lead found administrative nature trust carried trustees courts developed ways getting including appointment experts work uncertainty giving trustees power decide rule came case knight knight giving away personal real property added end trust justice successors continuing estates male succession according founder family hearing case held specific create valid trust furthermore held valid trust instruments certainty intention clear intends create trust certainty subject matter clear property trust certainty objects clear objects note rule novel knight knight stated wright lord chancellor certainty intention principle deciding certainty intention nature language words said wright past requirement particular language held settled trust created word trust confidence like question substance sufficient intention create trust manifested paul held phrase money sufficient translate trust trust formed clear intention intention pure gift jones lock historically words hoped desired held valid courts instead taken approach circumstances reading statement factors particular words impose trust possible create express trust aware long court determine person intention beneficial conferred law equity enforce case described man character know creating trust courts found company involved took actions protect customers moving funds separate bank account indicated desire create trust intention line purpose trust considered valid formed create additional issues determining intention hamilton set standard rule means come conclusion trust intended essentially judges simply assume trust literal approach followed 1950s judiciary willing interpret trust documents way valid void according question needs answered determining certainty intention exists meaning parties said parties mean certainty subject matter requirement subject matter certain property intended trust separated property showing clarity intended trust property clear separation trust fail exchange ltd point illustrated london wine ltd creditors bankrupt wine trading company argued able claim wine paid problem bottles individually identifiable oliver held appreciate point taken subject matter mass specific identity little importance instance case money create trust possible certainty interest property attach orthodox strict rule exception rule found hunter moss concerned shares meant transferred employee total holding shares individually identified held irrelevant shares type company difference particular shares transferred applied harvard held difference property wine property shares property nature require segregation certainty objects requirement trust known objects certain express particularly complex area test determine certainty varies fixed mere powers fixed specific named list individuals hudson giving example held trust equally complete team football club players started cup final test fixed trustees able complete list laid broadway cottages potential trustees certain trustees complete list trust void uncertainty complex test found mere powers person granted power ability exercise trust like power obligation trustee trustee discretion opposed trustee shall hay said mere power different ordinary trust obligation normally trustee bound exercise court mean simply fold hands ignore normally time time consider exercise power court direct holder mere power free wants property holds fails consider exercise power courts force leading test mere powers given test laid states trustees able certainty potential comes require trustees exercise powers way fixed trust allow discretion similar manner mere powers leading test certainty objects given test applied courts attempted test deed judges court appeal gave separate new tests reasons stamp approach based entirely facts greater impact certainty objects took approach burden proof prove trustees prove trust valid took approach trust valid uncertain core number certain uncertainty sufficient clarity trust held void uncertain applicable forms uncertainty conceptual uncertainty uncertainty administrative conceptual uncertainty fundamental validity trust power language trust unclear examples include familiar overly vague terms good customers useful employees concept certain trust fails uncertainty hand question fact impossible answer prove necessarily trust said mind distinction uncertainty events prescribed condition operate generally speaking fatal validity condition difficulty events happened necessarily fatal validity type uncertainty impossible find died moved changed names necessarily fatal test deciding laid mere difficulty fatal validity gift pointed matter degree reaches evidence conclusion vague difficulty great treated virtually incapable resolution entitled mind gift nature void uncertainty found despite steps find trustees apply benjamin order named case benjamin distribute property dead final type uncertainty administrative trust nature impractical trustees carry duties prevents trustees carrying duties trust declared invalid applied resolving use principal devices resolve problems potential uncertainty provide expert advice trustees power decide allow trustees grant property hoping reduce risk uncertainty device approved courts settlement lord allowed court trustees ask chief issue jewish second device condemned ineffective wrote sufficiently defined state affairs trustees form opinion saved condition ground uncertainty merely making opinion criterion simply giving trustees power defeat sufficiently defined way trustees exercise judgement valid final device trustees power trust property world trustees consider appropriate problems firstly class broad second courts unable judge power exercised appropriately hay held exercised properly sort agreement immediately void


hunter moss hunter moss english law case court appeal concerning certainty subject matter necessary form trust moss promised hunter shares company employment contract failed provide hunter brought claim moss arguing moss promise created trust shares constitution normally requires trust property segregated non trust property trust valid london wine ltd occasion high_court justice court appeal felt case dealt property rule applied shares identical matter segregated trust valid decision applied harvard creating rule segregation necessary trust concerns identical property academic reaction hunter mixed called fair sensible noted decision hunter moss appears sensible hudson felt suggested decision hunter moss wrong relied contradicted existing property law drew distinction property felt facts moss founder director moss electrical ltd owned available shares september said hunter finance director shares employment statement trust involving shares gift shares implemented tax concerns risks takeover mainly moss changed mind hunter brought case moss claiming shares rested issues language sufficient create trust second trust failed provide lack segregation shares prior hunter valid trust required certainty intention donor intended trust certainty subject matter property trust identifiable certainty object identifiable normal rule certainty subject matter property intended trust separated property showing clarity intended trust property clear separation trust fail london wine concerned creditors bankrupt wine trading company argued able claim bottles wine paid problem bottles individually identifiable oliver held appreciate point taken subject matter mass specific identity little importance instance case money create trust possible certainty interest property attach judgment high_court sitting deputy high_court judge held shares identical lack segregation trust standard case area london wine ltd distinguished subject matter potentially different moss shares identical instead cited approval national bank commerce louis decision supreme_court minnesota held need segregation situation appeal court appeal held valid trust giving leading judgment said trust valid necessary enforce terms employment contract second distinguished london wine saying case long way present concerned appropriation property passes concerned declaration trust instead concluded distinction shares reason hold trust void shares segregated trust valid significance hunter commonly cited having said identical property necessary trust non trust sections fact said thing obvious conclusion draw statement merely distinguished london wine allowing decide case facts hunter reluctantly applied harvard reluctantly decided said need property outside england wales decision applied white supreme_court new_south_wales explicitly rejected reasoning campbell nonetheless reached conclusion declare valid trust parcel shares larger fund albeit different reasoning case met mixed reaction academics martin article property lawyer argued case fair sensible welcome example court policy preventing clearly intended trust failing uncertainty jones different article journal said decision hunter moss appears sensible noted create difficult questions academics critical david writing law quarterly review judgment come hudson wrote suggested decision hunter moss wrong relied firstly element property law requires specific identifiable property subject property right secondly suggests difficult dividing line property principles apply ball identical hunter reason require separation distinction


title california title california refers title land rights indigenous peoples california state unique native american tribe california ratified federal treaty indian reservations state created federal statute executive order california experienced land claim litigation states primarily result land claims act following treaty required claims spanish mexican governments filed years supreme_court decisions ninth circuit ruling held land claims act applied title extinguished title state tribes filed claims act deputy attorneys general california advocated view history spanish rule spain established missions indigenous peoples called mission indians lived worked supervision missionaries approximately approximately indigenous population california remained outside missions spanish law fully recognized customary title indigenous peoples spanish era land grants referred california mexican rule mexico declared independence spain mexico mission system granted tribes land fee simple territory mexico ceded california treaty article treaty united_states agreed respect hundreds land grants substantial granted spanish mexican governments private landowners articles guaranteed property rights mexican nationals united_states established procedures review validity land grants year gold discovered california rapidly accelerating migration california reports commissioned federal government period uniformly extent indigenous land rights spanish mexican rule eighteen treaties california admitted state september admission act reference native american land rights second day office california senators john william introduced bills title california september congress passed amended version bill authorizing president appoint commissioners negotiate treaties tribes california january eighteen treaties negotiated representing tribes bands state state legislature strongly opposed indian reservation policy pursued treaty lobbied federal government instead remove indians state entirely represented key swing votes whig democratic parties treaties ratified classified federal agents persuaded nearly indians remove reservations treaties pending soon starvation disease murder reduced population land claims act march congress enacted land claims act requiring person claiming lands california virtue right title derived mexican government file claim member board land commissioners years commissioners issue patents claims found lands pass public domain end years years later congress passed act survey lands passed public domain statute land occupation possession indian tribe act authorized president create military reservations california indian purposes effect acts title california subject litigation years regardless united_states pursued treaty negotiations california indians instead favoring legislation executive orders statute congress created indian reservations congress gave executive discretion create reservations presidents discretion create reservations totalling acres claims court litigation california legislature passed statute authorizing california attorney general bring claims behalf tribes court claims year congress passed statute granting court jurisdiction claims california attorney general earl warren future chief justice finally argued case court found liability indicated award pre judgment interest supreme_court declined grant warren negotiated settlement passage indian claims commission act group tribes struggled bring single action recovery broader claims allowed settled effect land claims act early california supreme_court decisions earliest cases heard supreme_court land claims act involved non indians thompson california supreme_court considered application act indians matter impression court upheld quiet title judgment holding defendants indians belonging big meadows tribe right land asserted land department pending application patent direct proceeding government set aside patent years later court distinguished holding reversing quiet title judgment group mission indians distinguishing held fact party title certain lands conclusive fact lands public domain title extinguished mission indians claim fee simple mexican grant virtue possession continuous open exclusive use occupancy predecessors ancestors year court interpreted language land claims act requiring commissioner investigate status indigenous tenure evidence congress intend rights indians cut failure present claims harvey harvey supreme_court heard consolidated appeals group mission indians lost quiet title action non indians appeal supreme_court brought federal government trustee capacity justice unanimous court white affirmed independent holdings court reaffirmed holding perfect title subject requirements land claims act rejected reasoning california supreme_court noting surely little reason presenting land commission claim land securing confirmation claim result transfer naked fee indian right permanent occupancy cited court source rule land claims act extinguished title second court held title extinguished mexican determine court examined quoted extensively specific text grants court concluded title long extinguished abandonment appears prior mexican authorities examination found indians abandoned land adverse claim mission san_diego absolute grant subject condition satisfying claims mission said mexico united_states present recognition mexican government occupancy indians contrary far official action disclosed distinctly contrary carried abandoned occupancy title outside mexican nation mission absolute grant subject rights mission united_states title ins trust decades later court meaning decision united_states title ins trust federal government sued behalf group mission indians holding mexican grant court cited reliance considerations declining government request decision given years ago affected tracts land california particularly southern state meantime continuous growth development section land values enhanced transfers naturally reliance decision defendants case purchased years rule property results government scattered mission indians adjusted situation instances super work super work involved challenge supreme_court district_of_columbia known united_states district court district_of_columbia construction federal hydroelectric dams california members tribes alleged dams violate title rights rights treaty united_states court appeals district_of_columbia held rights existed extinguished statute unlike mission indians nomadic time relevant times sentence opinion court affirmed circuit citing title insurance lone wolf attempt assert claims decades later based federal government general trust relationship statutes unsuccessful super court twice interpreted land claims act imposed requirement file state california united_states united_states united_states court appeals ninth circuit considered conversion claims tribe joined federal government ownership channel islands california channel beds surrounding santa santa islands california ninth circuit held title survived issuance mexican land grants islands tribe title extinguished failure file land claims act ninth circuit disagreed district court holding mexican land grants extinguished title instead court applied standards mexican land grants applied federal land grants grants presumed grant interest subject tribe title ninth circuit rejected tribe arguments islands land ceded treaty court rejected argument treaty converted tribe title recognized title finally court reached question land claims act ninth circuit examined rule title insurance super court conceded precise basis holding clear respect title insurance court noted entirely clear opinion case involved title subsequent interpretations decision attempted distinguish cases relying united_states case established existence individual title opposed tribal distinguished line supreme_court decisions recognizing extensive reach act ninth circuit stated avail individual title post dated court rejected attempt interpret act according international law supreme_court denied individual title united_states united_states involved indian reservations provided aforementioned treaties subsequently granted railroads federal government united_states district court northern district california canceled railroad land patents based actual use occupation indians ninth circuit agreed district court cancelled entirety patents issue supreme_court considered arguments railroad rejected railroad argument exceptions grant specifically mention indians instead court held land grants presumed granted subject title court considered act court held irrelevant act application indians concerned belong classes described claims way derived spanish mexican governments appear indians occupying lands question act passed court rejected argument federal government bring suit behalf tribe fourth court rejected statute limiting time government challenge validity land patents holding apply suits behalf indians fifth court rejected indians implied consent government acquired rights occupancy entitled retain possession defendants officer agent government authority deal land theory finally court reversed ninth circuit entire patents holding portions possessed indians void holding lay dormant years decade later justice douglas denial lower court denied california indian defendant ability defend criminal prosecution illegal logging basis individual title recognized court elaborated basis holding holding based understood governmental policy encouraging indian wandering habits adopt life said hold acquired rights lands occupied government accord protection contrary spirit traditional american policy dependent nation fact right occupancy finds recognition statute formal governmental action conclusive united_states united_states depth consideration individual title relevant tribal title extinguished ordinance prohibited entry federal lands question court found defendants establish individual title based use lands ordinance ninth circuit appeal nevada california held individual establish title manner tribe individual able ancestors held occupied individuals particular tract land exclusion time title extinguished ninth circuit concluded federal policies place time changed short indian today gain right occupancy simply occupying public land indians current law occupancy viewed undertaken implied consent government occupancy conclude individual occupancy rights acquired inception prior november date lands question withdrawn entry executive order individual title fact specific fact intensive defense difficult raise criminal defense defendant burden proof


creation express english law creation express english law involve elements trust valid capacity certainty constitution capacity refers ability create trust place generally speaking capable holding property create trust exceptions statutory bodies corporations minors usually hold property circumstances create certainty refers required trust valid trust instrument certainty intention create trust certainty subject matter trust certainty objects uncertainty reason trust fail courts developed ways constitution means trust valid property transferred trustees property transferred potential trustees volunteers maxim equity assist volunteer courts look case courts developed exceptions rule situations trustees acquired property different way gift refers specific language forms transferring property formal language documentation needed land transfer drafted line law property act law property miscellaneous provisions act interest law property act followed case law area centred meaning dispose cases involving people attempting avoid tax capacity requirement express trust capacity person creating trust legally capable generally speaking capable holding property form trust exceptions minor hold land create trust land addition soldiers sea form valid minor tries create trust held reaches majority soon trust clearly minor courts decide void individual reaches majority alternately non est young appreciate nature forming trust people considered mentally mental health act receiver appointed directly enforced longer control property receiver mentally person trust held void period person capable understanding actions corporations statutory bodies powers granted memorandum association statute creation trust held ultra express trust valid trust instrument certainty intention subject matter object certainty intention means clear wishes create trust dependent particular language trust created word trust knowing creating trust 1950s courts willing conclude intention create trust hold trust void certainty subject matter means clear property trust historically property segregated non trust property recently courts drawn line assets holding assets need segregation certainty objects means clear objects test determining differs depending type trust individually identified trustees able certainty comes uncertainty comes categories conceptual uncertainty uncertainty administrative conceptual uncertainty arises language unclear leads trust declared invalid uncertainty question fact answered lead found administrative arises nature trust carried trustees courts developed ways resolving including appointment experts work uncertainty giving trustees power decide constitution trust formally constituted transfer property trustees merely handing property trustees sufficient assuming comes relevant intention create trust circumstances providing intention telling trustees find property sufficient thomas times books property land interest land transferred writing accordance sections law property act dealing shares transfer complete transfer document completed company entered change ownership books equity assist volunteer interest property bring court case properly constituted trustees interest property volunteers exceptions maxim courts willing hear cases transfer completed providing intended trustees gained interest estate rule strong bird gift given rose hold gift invalid general rule requirement particular trust instruments oral written requirement intention create trust exceptions transfer land transfer existing interests trust land land comply section law property act provides declaration trust land interest manifested proved writing signed person able declare trust means evidence trust existence choose enforce necessarily mean need existence trust creation contracts land including transfer land follow law property miscellaneous provisions act section provides contract sale disposition interest land writing incorporating terms parties agreed document contracts exchanged terms incorporated document set reference document iii document incorporating terms contracts exchanged documents incorporating necessarily signed behalf party contract interests existing interests law property act provides section disposition interest trust time disposition writing signed person agent authorised writing debate area definition disposition cases involve people trying avoid tax grey house_of_lords gave disposition natural meaning saying meant transaction beneficial interest beginning transaction longer end transaction rule established owner sole beneficial interest instructs trustees transfer property transfer beneficial interest simply change trustees fall section requires specific simply beneficial interest fall section paradise motor somebody receive benefits pension fund die valid disposition danish bacon ltd staff pension fund life insurance policy gold hill declares holding property behalf creation sub trust subject specific sub trust held valid difference trust sub trust trustee duties perform valid trust valid comply section act provides valid writing signed person presence direction appears intended signature effect signature acknowledged presence witnesses present time witness signs acknowledges signature presence necessarily presence witnesses

Creation of express trusts in English law


bank bank united_states supreme_court case found law applied specific case identified number eliminated defenses party raised violate separation powers united_states_constitution legislative congress judicial branches government trial court respondents supreme_court parties obtained iran role supporting state sponsored terrorism particularly barracks bombings towers bombing sought execution bank account new_york held european behalf bank state owned central bank iran initial obtained court orders preventing transfer funds account initiated lawsuit bank raised defenses execution account including account asset bank asset european new_york state property law terrorism risk insurance act response concerns existing laws insufficient account settle congress included section bill codified enactment identified pending lawsuit number applied assets identified case essentially legal basis available bank prevent executing claims account bank argued unconstitutional breach separation power legislative judicial branches government effectively directed particular result single case changing generally applicable law united_states district court southern district new_york appeal united_states court appeals second circuit upheld cleared way execute account held billion cash united_states supreme_court granted heard oral arguments case january releasing opinion april majority found unconstitutional changed law establishing new substantive standards essentially iran owns assets available execution iran district court apply case justice writing majority explained federal judiciary long upheld laws affect small number subjects valid exercise congress legislative power supreme_court previously upheld statute applied cases identified number seattle society majority upheld valid exercise congress authority foreign affairs prior enactment foreign sovereign act congress executive branch authority determine immunity foreign states lawsuits despite transferring authority determine immunity courts majority contended remains congress alter foreign state immunity chief justice john roberts joined justice harshly criticized majority holding providing historical context separation powers legislature judiciary found article iii united_states_constitution chief justice explained type unconstitutional breach separation powers congress judiciary congress assumes role judge decides particular case instance view different hypothetical law applying case smith jones legislature says simply smith wins chief justice view valid exercise congress foreign affairs authority contended congress executive branch sufficient authority need seize judiciary power political decision look like judicial quoting james madison chief justice lamented case blueprint extensive expansion legislative power judiciary expense feeding congress tendency extend sphere activity draw power vortex decision came iran seeking access world financial market months sanctions lifted result iran compliance agreement development nuclear program iranian officials denounced decision theft ridicule law justice open hostility united_states iranian people iran announced file suit united_states international court justice courts begin assets account winning clear jurisdiction entertain case background state immunity foreign states generally enjoy immunity lawsuits united_states foreign sovereign act exclusive basis courts exercise jurisdiction foreign government prior enactment executive branch responsible determining immunity foreign states case case basis congress codified guidelines immunity foreign states transferred responsibility determining foreign state immunity executive branch judiciary contains exception immunity foreign states victims state sponsored terrorism prior judgment awarded foreign government assets foreign government located commercial activity seized satisfy judgment easier enforce congress enacted terrorism risk insurance act allows executed blocked assets terrorist party blocked assets include assets seized president authority granted congress litigation enacted suit involved individuals won separate iran supportive role barracks bombings towers bombing bombings assassination kidnapping winning default based clear basis iran liability sought execution account new_york connected iran central bank suits execution account consolidated case procedural mechanisms named case sister victim barracks bombings joined victims relatives victims won default judgment iran role bombings large number case judge appointed special masters determine right collect damages appropriate damages judge entered default judgment iran damages learned interests central bank iran bank bank account new_york obtained orders transfer funds account account consisted bonds belonged based bank banking held account behalf bank deposited interest bonds bank account point account bank opened italian bank place interest payments account placing second bank account time supreme_court hearing account held billion cash bonds matured april initiated lawsuit bank jointly seeking execute account damages iran based provides person obtained judgment terrorist party blocked assets terrorist party including blocked assets agency terrorist party shall subject execution attachment february president obama assets iranian government included account alleged controlled bank concerns existing laws insufficient account settle bank claimed account asset bank relation new_york state property law section issues raised case congress included section iran threat reduction syria human rights act codified state law provided financial asset held united_states foreign business united_states blocked asset subsequently property described equal value financial asset iran including asset central bank monetary authority government iran agency government foreign related holds abroad shall subject execution attachment aid execution order satisfy judgment extent damages awarded iran damages personal injury death caused act torture killing aircraft sabotage hostage taking provision material support resources act response concerns banking industry early drafts legislation specified assets section financial assets described section financial assets identified subject proceedings united_states district court southern district new_york islamic republic iran case restrained notices secured proceedings modified court order dated june extended court orders dated june june long assets remain restrained court order section specified courts needed identify iran holds title beneficial interest assets person possesses protected interest assets fifth amendment constitution united_states person held protected interest assets interest assets law enacted section eliminated bank defenses seizure account assets valued approximately billion bank conceded held title beneficial interest assets claimed violated separation powers united_states_constitution legislative congress judicial branches government united_states district court southern district new_york appeal united_states court appeals second circuit upheld awarded assets appeal supreme_court united_states december bank filed petition supreme_court united_states requesting court consider question violate separation powers change law directing particular result single pending case petition circulated justices conference april brief respondents opposing reply brief bank filed march following april 3rd conference court called solicitor general file brief expressing views federal government filed august june supreme_court meets issue orders opinions hear oral arguments term begins court granted following conference september oral arguments held january appearances respondents deputy solicitor general united_states justice present oral arguments passed away february vote initial vote case outcome draft opinion written published court court opinion delivered april opinion court justice wrote majority opinion held separation powers legislative judicial branches government considering law exercise congressional authority foreign affairs justice anthony kennedy justice thomas justice stephen justice samuel justice joined majority opinion justice thomas join opinion majority began explaining judiciary authority article iii united_states_constitution law quoting madison congress doubt court power interpret apply law circumstances example saying hypothetical case smith jones smith wins compelling courts case final judgment issued bank relied united_states argument court questioned legislature rules decision judicial department cases pending majority found language face value power congress laws applicable pending cases long recognized majority explained contemporary significance congress exercise authority including power regulate federal jurisdiction way requires federal courts active participants violating constitution legislation sufficient reason court fail law intended scope constitution contains limited constraints enactment legislation post facto clause prohibits application legislation article prohibits states passing laws obligation contracts fifth amendment clause prevents legislature government actors private persons property rights public use payment compensation bills art prohibit summary punishment past conduct process clause protects interests fair notice compromised legislation justification sufficient statute prospective application clause warrant application majority affirmed congress direct courts apply newly enacted outcome altering legislation pending civil cases citing previous decisions farm inc seattle society film products accordingly majority found changed law establishing new substantive standards essentially iran owns assets available execution iran district court apply case section left issues district court define key terms beneficial interest title party protected interest account assets held united_states argued assets located new_york fact law applied case change validity majority conceded narrowly crafted law affecting person limited number people violate equal protection clause fourteenth amendment arbitrary justified federal judiciary long upheld laws affect small number subjects valid exercise congress legislative power supreme_court upheld statute applied cases identified number seattle society final portion majority opinion justice thomas join upheld valid exercise congress authority regulate foreign affairs citing moore case involved availability iranian assets execution iran majority points regulating foreign state assets blocking regulating availability execution found violate judiciary authority prior enactment foreign sovereign act executive branch routinely case specific scope immunity foreign states decisions rejected judiciary authority enactment transferred authority courts determine foreign state immunity majority held remains congress alter foreign state immunity congress enacted acted comfortably political branches authority foreign sovereign immunity foreign state assets chief justice roberts opinion chief justice john roberts joined justice majority ruling time roberts case court roberts began argument analogy imagine neighbor claiming fence property evidence letter previous owner home accepting neighbor version facts defense official county map state law establishes boundaries land map shows fence property line argue neighbor claim months outside statute limitations imagine lawsuit pending neighbor persuades legislature enact new statute new statute provides case case letter neighbor conclusive property boundaries statute limitations year longer neighbor wins decided case legislature targeted specific case eliminated specific defenses ensure neighbor victory court presided question lies root case court confronts today chief justice view separation powers article iii congress passed law saying respondents win majority responded appropriate analogy case legislature law map map ongoing property dispute parties ambiguous statute makes county map authoritative source establishing property boundaries chief justice proceeded detail origin purpose case law history separation powers article united_states_constitution establishes independent judiciary distinct authority separation powers individual freedom alexander hamilton wrote quoting liberty power judging separated legislative executive powers separation powers judiciary legislative branches examined detail farm inc supreme_court found unconstitutional statute reopened case final judgment time framing constitution judicial legislative powers colonial performed functions judiciary functioning court resort granting new trials providing original review review stays providing types relief effort right justice colonial charters massachusetts connecticut rhode_island gave authority court resort new_hampshire judicial appeals directed governor council routinely referred legislature discussion half century colonial assembly virginia review court involvement judicial matters intensified american revolution soon prompted sense sharp necessity separate legislative judicial power interference judicial matters prominently decision system securing liberty division power resulted article united_states_constitution forms central pillar judicial independence places judicial power united_states supreme_court inferior courts congress establish judicial power extends cases law equity arising constitution laws united_states treaties shall authority chief justice explained types unconstitutional restrictions power judiciary congress vest review decisions article iii courts officials executive branch command federal courts reopen final chief justice view case type unconstitutional interference judiciary authority congress assumes role judge decides particular case instance believes precisely section bank defenses immune prosecution separate entity federal common law international law liable iran debts new_york state law permit execution assets doubt congress sole concern deciding particular case provided statute shall affect availability lack thereof right satisfy judgment action terrorist party proceedings case hypothetical case smith jones congress enacted statute says smith wins majority find unconstitutional create new substantive law chief justice view passage hypothetical statute law provide smith wins passage hypothetical statute chief justice question action constitutes exercise judicial power hypothetical smith wins statute effect essentially legislature policy judgment case wins compared majority opinion found left plenty issues district court constitutional line easily simplest maneuver taking away defense smith victory saying smith wins section required courts decisions bank interest assets clear enacted majority view plenty chief justice contended hypothetical case smith jones majority uphold judgment smith court finds jones served notice lawsuit case statute limitations strongly criticizing majority chief justice quoting concluded majority failure enforce boundary judicial legislative branches case clear reduces article iii mere barrier spirit legislative power finally chief justice distinguished case moore actions president moore upheld outcome case merely specified claims handled different tribunal court decision moore based longstanding practice settling claims nationals foreign countries treaty executive agreement contrast majority interpretation moore exercises judicial power chief justice majority position moore political branches government congress executive branch sufficient power address issues case need courts political decision look like judicial chief justice concluded strong criticism majority decision issue basic principle technical rule section decides case certainly congress directed entry judgment respondents result potential decision today effect important change power immediately evident morrison court seal approval congress pick winners particular pending cases today decision blueprint extensive expansion legislative power judiciary expense metropolitan washington airports authority citizens aircraft noise inc feeding congress tendency extend sphere activity draw power vortex madison subsequent developments respondents ruling way respondents collect roughly billion bank account satisfy collective billion eligible collect billion fund victims state sponsored terrorism fund established congress pay victims state sponsored terrorism fund pays applicants received remaining funds distributed received judgment legal community reactions attorney law professor morrison writing george_washington law review remarked non lawyer trying decide win equity bank chances look good april supreme_court upheld removing major barrier victims collecting legal issues substantial agreement opinions conclusions far apart justices agreed congress pass laws changing existing law changes generally applicable pending cases provided clearly agreed congress pass law pending case said lines court directed enter judgment wins defendant loses judicial role expand congress congress change law way opened case final judgment subject appeal agreement congress write laws applied limited category cases cases government adversely affected change law issue fell spectrum morrison expressed concern happened repeat circumstances different morrison suggested individual law bring claim relief protection clause fourteenth amendment argued claim unlikely successful law likely upheld reviewed rational basis test rational basis test asks rational relationship treatment legitimate governmental purpose according stuart attorney represents terror victims ruling hinder foreign governments judiciary congress president availability assets satisfy praised ruling message country congress president steps freeze assets assets available victims courts going reactions decision praised counsel politicians counsel respondents praised ruling saying bring long relief victims iranian terrorism families waited decades praising court decision lead found eyes law know responsible responsible brought justice capable bringing earth law professor jimmy said decision sends powerful message rogue states state sponsors terrorism directly indirectly provide material support terrorism held sentiment echoed mark director foundation defense hopefully going effect cause iran think twice supporting terrorist activity going forward decision praised senator bob authored speaker house paul ryan iranian reactions spokesman iran ministry foreign affairs condemned ruling theft incompatible international law ridicule justice law stated iran totally reject ruling iranian foreign ministry summoned swiss ambassador iran represents interests iran receive diplomatic notes protesting ruling week decision announced iranian foreign minister wrote letter secretary general united_nations ban moon urging use good offices intervene securing release frozen funds stop interfering iran international financial transactions state department spokesman rejected iran claims stating state department believe laws application laws courts united_states international law iran announced file suit united_states international court justice courts begin assets account winning able hear case withdrew general recognition jurisdiction response ruling nicaragua united_states friendship treaty iran gives jurisdiction rule disputes arising provisions treaty working group established iranian cabinet investigate ruling determine ways iran rights account month supreme_court decision iran parliament overwhelmingly approved votes votes emergency bill requiring government seek compensation actions taken iran including iranian coup état helped restore monarch coup plot united_states support iraq iran iraq war including compensation died injured conflict espionage iran support israel alleged death hands terrorist groups iranian assets bill requires government appropriate legal action violation iranian state immunity including pursuit assets countries provide regular updates parliament actions iranian officials including chief central bank iran placed blame account seizure previous administration president iran foreign ministry director political security affairs said reckless previous administration invested post website chief pointed experts senior officials warned investing dollar government president went ahead purchased paving way damage assets senior foreign ministry official criticized head investing hostile country impact iran relations decision came delicate time relations iran western nations removing sanctions iran compliance agreement development nuclear program agreement stipulated iranian compliance terms agreement verified sanctions iran lifted including sanctions imposed united_nations security council nuclear related european_union sanctions sanctions iran terrorism human rights abuses missiles affected mid january sanctions lifted march district court southern district new_york found default iran provided support certain terrorist groups individuals responsible september attacks awarded billion damages consisted billion insurance companies paid claims billion victims families million pain suffering million damages victim judge ruled months earlier insufficient evidence linking saudi_arabia sour relations iran attacks overcome terrorism exemption saudi_arabia immunity supreme_court decision announced iran foreign minister visiting united_states week decision announced head central bank iran visited washington spring meetings world bank international monetary fund discuss foreign officials problems remained iranian access international banking despite lifting sanctions criticized bank decision absurd decision new_york height iranian president called decisions open hostility united_states iranian people nuclear agreement important policy objective ensure iranian economy benefits nuclear weapons program view commentators ali professor international relations university attorney commentator iran relations sanctions law bank decision case threaten undermine nuclear deal american credibility negotiations iran head nuclear committee iran parliament cooperation american congress government courts steal iranian property


secretary state foreign commonwealth affairs secretary state foreign commonwealth affairs case house_of_lords concerning removal exercise royal islands acquired united_kingdom reorganised british indian_ocean territory purpose removing inhabitants order council forcibly removed central island diego leased united_states use military outpost brought judicial review claim secretary state foreign commonwealth affairs initial ordinance led removal sought writ grounds ordinance ultra power ordinance legal authority claim upheld divisional court court appeal response robin cook foreign secretary repealed order council announced appeal decision allowing return home second order council british indian_ocean territory constitution order produced limits nature islands brought second case arguing order ultra british government violated legitimate expectation passing second order giving impression free return home new order struck divisional court court appeal proceeding house_of_lords heard lords june july judgment issued october lords decided majority uphold new order council stating valid judicial review actions look orders council national security foreign relations issues case barred addition cook statement clear provide legitimate expectation reaction decision negative academics accusing majority law lords failing job members judiciary things like neo imperial texts outdated legal attitudes order cure obvious modern conception rule law time approach legitimate expectation questioned case described unfortunate council civil service unions minister civil service judges willing debate legitimate expectation similarly politically sensitive situation went court argue judgement set aside non disclosure feasibility study relating inhabitants islands supreme_court united_kingdom ruled reviewing case june background islands islands cluster islands seven indian_ocean occupied mauritius france acquired islands late 18th century slaves brought africa india maintain plantations placed following napoleon defeat islands ceded british treaty paris administered colony mauritius slaves given freedom remained islands contract workers descendants later immigrants considered indigenous people british government islands british indian_ocean territory british indian_ocean territory order statutory instrument colonial boundaries act instrument created office commissioner given power laws peace order good government territory accordingly commissioner issued immigration ordinance order council royal required entering remaining seek permission ordinance reorganisation islands enacted provide method removing islands united_states military base particularly island diego onwards united_states united_kingdom talks diego military purposes exchange notes dated december government transferred diego purpose hosting defensive communications base agreement years additional year extension party wished withdraw evacuated diego continues play vital role military operations following billion dollar expansion program base served bomber forward operating location offensive operations afghanistan iraq state department letter dated june described platform native leader refugees group brought judicial review claim secretary state foreign commonwealth affairs initial ordinance led removal sought writ grounds ordinance ultra failed test case secretary state foreign commonwealth affairs went divisional court heard judges richard john laws argument grounds firstly crown exclude british citizen british territory times war valid statutory basis power secondly constitutional right inhabit land delegated legislation commissioner duty peace order good government inhabitants said fulfilled relocating inhabitants foreign commonwealth office argued english courts jurisdiction case crown territories courts according british constitutional document islands maintained laws peace order good government territory gave commissioner wide jurisdiction account order forcibly removing court decide way force government break treaty united_states divisional court gave judgment november main issues firstly court right hear case secondly constitutional right residence status commissioner actions court found discretion hear case crown actions clearly actions british government action ordered dealt foreign commonwealth office laws found apply foreign nations nearest approach fundamental statute england brief means king shall law case mean government actions illegal final section judgment legality commissioner ordinance laws held elementary legislature created measure passed body legally prior act confines power conferred case commissioner jurisdiction peace order good government latitude given commissioner wide large border court found ordinance commissioner exceeded authority ordinance ultra ordinance government response response divisional court decision foreign secretary robin cook stated november accept ruling issuing immigration ordinance repealed ordinance entirety security issues british government prepared let return outer islands lacking basic amenities feasibility study conducted preliminary study produced june study published july concluded short term purely basis highly involve expensive government open ended period probably permanently accordingly government considers purpose commissioning study feasibility impossible government promote permit place long careful consideration decided prevent june second order council produced british indian_ocean territory constitution order section provided person right territory person entitled enter present territory authorised order law time force territory time british indian_ocean territory immigration order came effect prohibiting entry presence permit response brought second case claiming cook statement created legitimate expectation later frustrated orders questioning validity constitution order particularly legality section judgment case went divisional court decided favour court found interests primarily right right enter remain effect removed section constitutional order serve interests inhabitants time court asked rule order council questioned judicial review proceedings decided council civil service unions minister civil service decisive element origin power case royal nature power accordingly orders council subject judicial review decision appealed court appeal england wales composed butler agreed divisional court judgment issued house_of_lords case taken house_of_lords heard lords occurred june july judgment issued october judgment covered matters firstly courts subject orders council judicial review secondly legality order lords unanimously agreed orders council pieces primary legislation similar acts parliament subject judicial review significant difference orders council executive product lack representative character comes parliamentary authority approval accordingly lords saw reason legislation subject review ordinary principles legality procedural way executive action majority lords upheld legality constitutional order including section majority lords held conquered ceded colony subject powers crown rejected principle constitutional right reside country calling extreme concluded case right legislation order council phrase peace order good government thought understood referring inhabitants governance region wording treated authority reviewing order matter government parliament courts political issue national security foreign relations time legitimate expectation created following standard requirement legitimate expectation decided north east devon health authority clear promise led reliance robin cook statement case described clear promise requirements reliance met lords took view order council invalid noted proper way interpret exercise royal look exercised previously find previous record exile indigenous population homeland argued power exist crown power prevent subjects entering kingdom expel accordingly order ultra maintained visits outer islands threaten security unacceptable consideration given subject legitimate expectation maintained statement according ordinary meaning attached principally supporters directed saw ordinary meaning allowed return home significance case directly state legitimate expectation information relied leading prior cases simply additional element explicitly required time raised questions oversight orders council given highlighted courts unwilling review piece executive legislation political elements play decision raised classic problem balancing human rights issues concerns relating security defence public academic reaction decision negative thomas considered law lords failed duty members judiciary old principles longer fit contemporary constitutional moral standards follow surely judicial task things like neo imperial texts outdated legal attitudes order cure obvious modern conception rule law agreed writing legitimate expectation issue difficult accept public statement secretary state followed order removed previous prohibition return created sort expectation described case unfortunate case judges willing debate legitimate expectation similarly politically sensitive situation went drawing parallels judicial response massacre argue decision despite rhetoric reality pragmatic abandoned centuries settled constitutional relation limited scope royal

R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 2)


legal disputes harry potter series coming wide notice late 1990s harry potter book series number legal disputes publishers time warner owner rights harry potter films taken numerous legal actions protect fielded accusations copyright theft worldwide popularity harry potter series led appearance number locally produced sequels derivative works sparking efforts ban contain legal proceedings countered number cases outright piracy attempts targeted profit criticised area legal dispute involves series obtained publishers prohibit distributing reading books official release dates sweeping powers occasionally drawn fire civil liberties free speech sparked debates right read unrelated case precedent supporting issuance injunction john outside controversies number particular incidents related harry potter led led legal action man sentenced years prison firing replica gun journalist staged deal stolen copies unreleased harry potter novel attempting blackmail publisher threats releasing secrets book publishing contemplated legal action supermarket chain libel company accused final harry potter novel harry potter comprehensive list intellectual property speech lawsuits involving harry potter harry potter lawsuits find compiled attorney david trademark copyright law blog allegations copyright trademark infringement nancy american author nancy alleged copyright trademark infringement works legend isbn larry potter best friend primary basis case rested purported invention word race legend larry potter title character series activity children larry potter like harry potter boy dark hair character legend drew number comparisons castle lake receiving room wooden doors portions originally published booklet form publishing company company founded group friends family publishing filed bankruptcy september selling united_states stated visited united_states press american publisher warner holders series film rights pre suit seeking judgment works court found favour granting summary judgment holding reasonable find likelihood confusion source parties works course trial held proved clear convincing evidence fraud court submission fraudulent documents testimony including changing pages years fact insert word case dismissed prejudice fined pattern intentional bad faith conduct relation employment fraudulent submissions ordered pay portion legal fees appealed decision second circuit court appeals affirmed ruling stated website planning books entertaining possibility lawsuit warner press legend currently print early published house maryland publishing company house formed publishers works nancy closed ceased operations filing bankruptcy later asserted copies book published house unauthorized publisher failed honour contractual obligations sisters warner offered later canadian folk band sisters rights use film version harry potter fire written scene novel band called weird sisters appeared school dance group owned rights canada offer declined instead band undertook legal action warner pulp play band film plans use movie later abandoned despite decision canadian band filed million million lawsuit warner ontario court connection lawsuit band brought injunction hoping prevent release film injunction application dismissed entire suit dismissed november june ontario judge decreed band pay warner legal costs describing lawsuit highly group claimed planned appeal decision initially wished release album weird sisters music collaborators including ferdinand jack white pop project dropped result lawsuit sisters reported received death threats harry potter fans march lawsuit settled court details sealed adrian june estate adrian children author died sued publishers million accusing having substantial parts work writing novel harry potter fire statement family claimed scene fire substantially similar book adventures wizard land harry required work exact nature main task contest achieve bathroom assisted clues order discover rescue human hostages imprisoned community half human half animal fantasy creatures launched joint suit publishers countered statement saying claim merit defended vigorously heard adrian seen read heard book wizard claim seven years publication harry potter book estate driven son grandson published website details excerpts book according toronto star july estate filed suit american publisher demanding company burn copies fire january lawsuit dismissed judge case stated similarity books case courts march paul allen trustee estate ordered pay security court costs faced amounting avoid claim struck reported paul allen appealed paying sum condition appeal paid court claim formally struck july deadline allen initial payment missed international publications chinese language sequel titled harry potter chinese simplified traditional pinyin appeared sale people republic china english language media harry potter leopard walk dragon according translated excerpts book principally consists text names changed harry potter characters book quickly recognised media outlets fake warner took steps stop distribution copies briefly distributed world including book copies traded internet november publishing house southwestern city agreed pay fine publish apology china legal times printing distributing novel identity anonymous author discovered opening harry potter translated english included news articles estimated million copies fraudulent harry potter novels circulating china agents christopher little literary agency began discuss possibility legal proceedings concerning fake version harry potter appeared china days actual book publication legal pressure harry potter publishers led indian publisher stop publication harry potter calcutta work harry meets figures literature case settled court courts netherlands prevented distribution dutch translation magical double bass popular russian series female apprentice wizard publishers sued arguing books violate copyright law original moscow based publishers argued books constitute parody permitted copyright dutch courts ruled books constitute parody allowed sold netherlands later year dutch translation legal belgium flemish publishers books decided print copies order let people decide hoping circumstances publishers sue sue lot interest book dutch people buy book postal order flemish publisher soon sold books continue published russia spawned sequels august warner filed lawsuit production company movies similarity title bollywood film comedy harry potter film series movies ceo claimed little similarity elements harry potter franchise explained popular indian means son indian versions harry potter translate harry film delayed late september warner claimed title confusing movies claimed registered september court delhi rejected warner claim saying harry potter readers sufficiently able distinguish works accused warner delaying action aware film far accusations infringement lead release harry potter film harry potter philosopher stone warner film distributor sent series letters owners harry potter demanding protect copyright hand domain names action resulted negative publicity company claire field year old british reduced tears described father unnecessary bully tactics eventually corporation backed face media opposition declared site non commercial violate trademark issue army publication maintenance monthly instructs soldiers maintain equipment featured spoof comic based harry potter featuring character named resided school professor publication received notice lawyers comics breached copyright magazine editor claimed violation taken place drawings look like characters harry potter discussion representatives magazine agreed use characters time warner launched legal actions indian branch online auction site site hosted illegally created books harry potter agreed published warned fans website signed harry potter memorabilia appearing sale fact use signature urged fans protest prevent children launched lawsuits number users site obtaining series stay orders preventing selling work claimed dealings media falsely claimed june filed papers delhi high_court alleging caused immense humiliation harassment high_court application claiming judgment case went trial october warner sued group constructing façade hindu religious festival indian city million claiming erected giant replica harry potter school permission initial reports stated effort profit violate copyright associated_press claimed high_court delhi petition filed allowed organisers carry temporary construction order structure dismantled festival court refused impose compensation basis organisers involved non profit making enterprise statements later retracted court fact ruled favour warner fine ordered warner claimed requested fine action necessary indian law november discussed case website listing rumours targeted non profit organisation toxic saying defendants religious charities theirs religious celebration contrary large scale commercial sponsored event involving corporations included major indian high street bank event set hindu festival going court ruled warner rights events question need warner permission future court restrained defendants future events warner rights october warner sued michigan based publishing firm books block publication page book version harry potter online reference guide work previously good relationship owner steve reiterated website plans write harry potter encyclopedia publication similar book hurt proceeds official plans charity judge later barred publication book form case resolved suit lawyers asserted book describes print harry potter website publish excerpts novels films offering sufficient material considered separate work trial concluded april september judge ruled favour claiming book violate terms fair use december modified shorter version approved publication released january unauthorized guide harry potter fiction november reported threatened legal action american computer programmer norman allegedly violating intellectual property rights producing publishing online novel james potter hall elders crossing unofficial continuation harry potter series written fan fiction project wife sons novel set eighteen years end official installment series harry potter describes adventures harry potter son james potter year school specialist intellectual property law university commented character novel taken built author new story defence copyright offered advance copy novel dismissed threat said supported novel like subsequently produced sequel james potter curse novel appeared online early november harry potter fans internet initially speculated site elaborate viral marketing campaign official continuation harry potter written approved november agent blair denied way involved purported project warner studio owns rights harry potter film series denied novel way connected official harry potter franchise legal publishers brought series legal ensure books secrecy launch drawn criticism civil liberties potentially sweeping powers individual freedoms attempt maintain secrecy impending release fifth harry potter book harry potter order phoenix publishers sought received groundbreaking injunction person persons physical possession copy said book thereof consent ruling obtained time british law injunction unnamed unknown individuals obtained named individuals lawyers noted new harry potter style injunction expected demonstration place begun long find description people expected court satisfied identified included potter injunction later camp travellers company employed injunction anonymous animal rights sent threatening letters investors series garnered controversy release sixth book harry potter half blood prince real canadian grocery store accidentally sold copies authorised release date canadian publisher books obtained injunction supreme_court british_columbia prohibiting reading books possession comment media lawyer human right read led debate public sphere free access information human right michael canada research chair internet commerce law university ottawa said response copyright law claim particularly copyright law provide copyright owners basket exclusive rights right prohibit reading fact copyright law little people book purchased free speech activist richard posted statement blog calling boycott publisher issued apology represented formulated legal argument saying canadian charter rights freedoms applies government private litigation offer protection right read case innocent harry potter book right read come possession secret diary corporation threatened legal action levy home entertainment selling copies final novel harry potter release date july official statement appealed harry potter fans bought books receive copies early requesting packages hidden midnight july customers agreed read book received special harry potter shirt online store blackmail june aaron security guard book distribution centre england stole number pages harry potter half blood prince weeks intended publication date arrested day later negotiations sell john journalist sun turned violent reportedly fired shot imitation pistol unharmed trial following october pleaded guilty threatening attempting blackmail harry potter publishers january sentenced half years prison november testimony inquiry said sun attempted blackmail photo return returning stolen manuscript accusation libel july dispute arose harry potter british publisher british supermarket chain owned corporation july week release final harry potter novel harry potter issued press release accusing fixing prices spokesman peter claimed holding children ransom like need ditch sent prices north express setting recommended retail price level seen sic blatant went acting champion right young readers recommended retail price twice average child pocket money average children bestseller planned sell book loss leader half recommended retail price wholesale price days later responded claims potentially latest attempt draw attention involves trying leap harry potter example repeated efforts appearing robin hood face controversy worldwide group suggest perceived akin sheriff nottingham loss leaders invented publishing harry potter deeply regret having dragged price wars stated price previous harry potter novel having printed recycled paper price paid consumer environmental best practice said ceo newton said self interested attack complete nonsense price bread try turn big deal moral crusade kind day cancelled orders harry potter roughly copies citing unpaid bills company totalling returns sixth harry potter book matters completely unrelated said decided today couldn risk having anybody dispute going going weeks actually responded owed book trade issues work company spokesman claimed funny expose potter price trying stop kids getting hold harry potter price afford paid bill hours claimed breach contract allow store sell books claimed block orders place unfortunately initiate significant libel claim matter dealt want books come peace good news disappointed customers don shed buy book share magic harry potter independent specialist instead legal letter responded press release factual commentary things said spokesperson don supply books massive breach contract don think later day released statement original comment press release dated july withdraw statement look forward good relationship going forward including selling latest harry potter book saturday july books future response lifted block allowed sell books original press release rationale initial press release remains uncertain commentator opined episode badly conceived stunt ill senior executives touch book world publishing news concurred seen mission accomplished high risk strategy publicity harry potter offer rewarded television radio internet newspaper coverage association low prices doubt entrenched minds

Legal disputes over the Harry Potter series


united_states white mountain tribe united_states white mountain tribe case supreme_court united_states held decision federal government land property held trust indian tribe duty maintain land property liable damages breach duty 1870s white mountain tribe placed reservation arizona case involved fort collection buildings reservation transferred tribe united_states congress tribe owned fort buildings held trust exclusively federal government indian school continuation building use federal government retained title schools built indian reservations attendance dropped fort school tribe began plan use buildings sought designation historic site federal government wanted turn property tribe use tribe found property deteriorated sued damages property trial court denied tribe claim circuit court appeals reversed holding federal government duty care property government appealed supreme_court arguing tribe claim congressional authorization tribe argued act created trust authorized damages supreme_court affirmed court holding federal government property held trust duty maintain property justice issued opinion justice thomas loss led government settle tribe million buildings managed fort heritage foundation case define indian trust doctrine case widely discussed legal literature books primarily area indian background history major john green led force white river area recommended outpost established fort established united_states_army arizona remained active military installation transferred department interior series executive orders president grant established fort indian reservation actual fort held government fee simple land fort middle reservation terms transfer acres km2 set aside roosevelt indian school school initially housed children additional buildings constructed accommodate bureau indian affairs site regional school laboratory animals indian children experiments treat eye disease world war school taught students good number southwestern tribes 1950s tribe fighting termination emphasis school technical training beginning contracted schools built near tribes attendance school started drop congress provided fort held trust white mountain tribe allowed use property administrative school purposes 1970s tribes obtained schools school normally fewer students reduction number students budget fort dropped causing deferred maintenance demolition buildings tribe resolved place site national historic registry national_park_service designated site national historic site tribe adopted master plan try preserve buildings commissioned study determine cost restore property government acknowledged thirty buildings poor shape maintained rest properly maintained site designated world monuments fund endangered sites federal claims court tribe filed suit united_states court federal claims seeking damages breach trust tribe argued united_states exclusive control buildings allowed fall disrepair violation trust relationship established statute additionally tribe claimed act national historic preservation act applied case act deals national historic preservation act discussed federal assistance preservation programs united_states moved dismissal basis lack subject matter jurisdiction failure state claim addition united_states claimed statute limitations run tucker act indian tucker act acts governing claims federal court claims trial court dismissed suit failure state claim federal circuit court appeals tribe appealed case united_states court appeals federal circuit court found federal laws required maintain historic buildings maintain indian trust properties authorize monetary damages court looked act determined act create trust relationship enforced monetary damages based common law court referencing second outline trust requires trustee united_states tribe trust body land buildings court noted parties agreed trust damages authorized court held united_states control use maintenance buildings exclusion tribe duty created authorized tribe seek monetary damages court reversed decision trial court united_states appealed supreme_court granted supreme_court arguments gregory assistant solicitor general argued case united_states argued act authorize monetary damages breach trust duties position trust formed tribe claim damages explicit congressional authorization argued exclusive control create liability explicit language statutes regulations allow monetary damages position united_states trust meant land subject state taxation robert attorney arizona argued case white mountain tribe argued act term trust create liability monetary damages trust formed law indian tucker act allowed lawsuit damages forward tribe noted trust relationship primary indian law national congress american indians filed brief supporting tribe opinion court justice david delivered opinion court noted suit united_states required clear sovereign immunity held granted indian tucker act statutory grounds federal statute regulation noted difference limited bare trust obligation outlined united_states mitchell mitchell impose duties carry monetary damages outlined united_states mitchell mitchell mitchell united_states held land trust prevent exempt land state taxation tribe occupied controlled property cases government duty mitchell united_states held land trust actively controlled property comprehensive timber management regulations government duty tribe stated act set trust manner mitchell went allow united_states use land buildings school administrative purposes control great exercised timber mitchell government exclusive use control property allow fall ruin watch defenses presented united_states deemed merit concept act carved buildings government goes plain language statute second fact statute explicitly state government subject monetary damages merit noted court accept reasoning require court mitchell prepared instead court continue use fair law determine damages authorized finally united_states argued appropriate relief relief instead damages stated clearly wrong merely postponed cost government repair buildings court affirmed decision circuit court court federal claims actions consistent ruling joined majority opinion justices stevens connor justice concurred opinion majority expanded differences lack liability mitchell damages compensate harm caused property stated opinion court consent cases mitchell united_states nation government exercised control manner obligations stated government clearly failed duties joined justice dissent justice thomas joined chief justice justices kennedy thomas stated test statute question fairly interpreted allow monetary damages stated majority devised new test liability allowed fair congressional authorization thomas believed mitchell proper case compare detailed control responsibilities present mitchell present case said clear intent congress united_states liable finding monetary damages subsequent developments loss court prompted federal government settle tribe approximately million government transferred buildings tribe million plus interest managed fort heritage foundation nonprofit corporation chartered tribe case mitchell mitchell nation define state indian trust doctrine united_states subsequently taken actions reduce government exposure trust claims tribes law reviews books case cited numerous law reviews critical majority approach stating went plain meaning text open federal government liability existed reviews merely analyzed decision affected government tribe trust cases alex opined case unique significant tribes law reviews case cited numerous books especially dealing federal litigation indian law cited extensively regards trust relationship tribes example duty held government

United States v. White Mountain Apache Tribe