Court : US Supreme Court
..... because the statutory scheme requires the government to act as a conventional fiduciary in managing the nation s trust funds, the government s fiduciary duty to keep the nation informed of matters relating to trust administration includes the concomitant duty to disclose attorney-client communications relating to trust fund management. ..... , the government s disclosure obligations are not limited solely to the narrowly defined disclosure obligations set forth in 162a(d)(5) and its implementing regulations, ante , at 22; rather, given that the statutory regime requires the government to act as a conventional fiduciary in managing indian trust funds, the government s disclosure obligations include those of a fiduciary under common-law trust principles. ..... 4011(a) (requiring secretary of the interior to account for the daily and annual balance of all funds held in trust by the united states for the benefit of an indian tribe ); 4041(1) (creating the office of special trustee for american indians to provide for more effective management of, and accountability for the proper discharge of, the secretary s trust responsibilities to ..... 2d 701, 711 (ca9 1981) (federal government has conflicting fiduciary responsibilities to the northern cheyenne and crow tribes); hoopa valley tribe v. ..... 383 , 389 (1981) (citing 8 j. ..... 383 , 389 (1981). .....
Tag this Judgment!Court : US Supreme Court
..... application of this approach to the stefans- 2 syllabus son sound-where some offshore islands are more than six miles apart or more than six miles from the mainland-because it gives the united states "enclaves" of submerged lands, wholly or partly surrounded by state-owned submerged lands, beneath waters more than three miles from the mainland but not within three miles of an island. ..... from a coastline following the normal baseline under the convention on the territorial sea and the contiguous zone; (2) dinkum sands is not an island constituting part of alaska's coastline under the submerged lands act; and (3) submerged lands beneath tidally influenced waters within the boundary of the national petroleum reserve-alaska did not pass to alaska at ..... when the international law commission of the united nations revived the work of the conference in 1951, a special rapporteur reintroduced the ..... the united states presented that position at the 1958 united nations conference on the law of the sea, arguing that "there is no established state practice regarding the effect of subnormal or abnormal or seasonal tidal action on the ..... state's coastline corresponds to a "baseline" from which, under the 1958 convention, the united states measures its territorial sea for international purposes. ..... 544 (1981), and with the consent of the united states, the special master granted alaska relief from its concession, and alaska claimed ownership of submerged lands beneath certain coastal features within the .....
Tag this Judgment!Court : US Supreme Court
..... . under one preliminary draft of what would become the new jersey plan, state governments would occupy a position relative to congress similar to that contemplated by the act at issue in these cases: "[t]he laws of the united states ought, as far as may be consistent with the common interests of the union, to be carried into execution by the judiciary and executive officers of the respective states, wherein the exe- 165 cution thereof is ..... these provisions include the monetary in- 189 centives from surcharges collected by states with low-level radioactive waste storage sites and rebated by the secretary of energy to states in compliance with the 1985 act's deadlines for achieving regional or in-state disposal, see 2021e(d)(2)(a) and 2021e(d)(2)(b)(iv), and the "access incentives," which deny access to disposal sites for states that fail to meet certain deadlines ..... . in may 1980, the state planning council on radioactive waste management submitted the following unanimous recommendation to president carter: 191 "the national policy of the united states on low-level radioactive waste shall be that every state is responsible for the disposal of the low-level radioactive waste generated by nondefense related activities within its boundaries and that ..... , a member of the connecticut delegation in philadelphia, explained the distinction to his state's convention: "this constitution does not attempt to coerce sovereign bodies, states, in their political ..... , 288 (1981), and ..... (1981 ..... (1981 .....
Tag this Judgment!Court : US Supreme Court
..... that course to congress), suggests an assumed absence of such power.2 the only early federal law the government has brought to our attention that imposed duties on state executive officers is the extradition act of 1793, which re- 2 bereft of even a single early, or indeed even pre-20th-century, statute compelling state executive officers to administer federal laws, the dissent is driven to claim ..... transfer of a firearm to, convicted felons, fugitives from justice, unlawful users of controlled substances, persons adjudicated as mentally defective or committed to mental institutions, aliens unlawfully present in the united states, persons dishonorably discharged from the armed forces, persons who have renounced their citizenship, and persons who have been subjected to certain restraining orders or been convicted of a misdemeanor offense ..... had been contemplated by the learned and articulate men who fashioned the basic structure of our government, surely some of them would have said so.33 *** the provision of the brady act that crosses the court's newly defined constitutional threshold is more comparable to a statute requiring local police officers to report the identity of missing children to the crime control center of the ..... to the reasons justice stevens sets forth the fact that the united states is not the only nation that seeks to reconcile the practical need for a central authority ..... henry, speeches given before the virginia ratifying convention, 4 and 5 june, 1788, ..... 1981 ..... 1981 ..... 1981 ..... 1981 .....
Tag this Judgment!Court : Supreme Court of India
..... the 54 uncitral 55 general assembly of the united nations, model law on international commercial arbitration of the united nations commission on international trade law 40/72 112th plenary ..... arbitration act, the law on arbitration was contained in the arbitration act 1940,53 the arbitration (protocol and convention) act 1937, and foreign awards (recognition and enforcement) act 1961. ..... arbitration act repealed the 1940 act, the arbitration (protocol and convention) act 1937, and the foreign awards (recognition and enforcement) act 1961 ..... court had examined the question of stamp duty in an underlying contract with an arbitration clause and in the context had drawn a distinction between the first and second part of section 7(2) of the arbitration act, albeit the observations made and quoted above with reference to existence and validity of the arbitration agreement being apposite and extremely important, we would repeat the same by reproducing para 29 thereof : (scc p. ..... the principle entails that the arbitral proceedings are carried out pursuant to the agreement of the parties or under the direction of the tribunal without unnecessary interference by the national courts.61 this principle serves to proscribe judicial interference in arbitral proceedings, which would undermine the objective of the parties in agreeing to arbitrate their disputes, their desire for less formal ..... bulk carriers, (2003) 3 scc57157 (1981) 1 scc315101 part i168 in sundaram finance ..... code of civil procedure, 1981. .....
Tag this Judgment!Court : US Supreme Court
..... bay" is not defined in the convention, we have previously relied on a united nations study authored by the u.n. ..... an authoritative united nations study concludes that these three factors require that" "the coastal state must have effectively exercised sovereignty over the area continuously during a time sufficient to create a usage, and have done ..... 116, the permanent international court of justice upheld norway's use of straight baselines (now approved expressly by article 7(6) of the convention), in part because norway had proved a historic claim to the "comparatively shallow" waters between the mainland and the fringing islands known as the skjaergaard, ..... such evidence, we are surely not prepared to enlarge the exception in article 7(6) of the convention for historic bays to embrace a claim of "ancient title" like that advanced in this ..... " in this case, massachusetts relies exclusively on the provision recognizing "historic bays," for it is agreed both that the united states has legitimately eschewed the straight baseline method for determining its boundaries, [ footnote 9 ] and that nantucket sound does not qualify as ..... footnote 14 ] the juridical regime quotes two definitions of "occupation": "[occupation] is defined by oppenheim as follows:" " occupation is the act of appropriation by a state by which it intentionally acquires sovereignty over such territory as is at the time not under the sovereignty of another ..... the parties agreed on a partial settlement, which we approved in 1981. .....
Tag this Judgment!Court : US Supreme Court
..... narrow category of weapons such as submachineguns and sawed-off shotguns-weapons characteristically used only by professional gangsters like al capone, pretty boy floyd, and their henchmen.4 at the time, the act would have had little application to guns used by hunters or guns kept at home as protection against unwelcome intruders.5 3 the seventh circuit's comment in a similar case is equally apt here: "the crime is possessing an ..... of congressional intent, express or implied, is required to dispense with mens rea, 5861(d)'s silence on the element of knowledge required for a conviction does not suggest that congress intended to dispense with a conventional mens rea requirement, which would require that the defendant know the facts making his conduct illegal. pp. ..... 613-614.1 they are particularly dangerous-indeed, a substantial percentage of the unregistered machine guns now in circulation are converted semiautomatic weapons.2 the question presented is whether the national firearms act imposed on the government the burden of proving beyond a reasonable doubt not only that the defendant knew he possessed a dangerous device sufficient to alert him to 1 indeed, only about 15 percent of all the guns in the united states are semiautomatic. ..... 1981 ..... 17, 1981) (stating that over an 18-month period over 20 percent of the machineguns seized or purchased by the bureau of alcohol, tobacco and firearms had been converted from semiautomatic weapons by "simple tool work or the addition .....
Tag this Judgment!Court : US Supreme Court
..... violating the bylaws, including denying their members eligibility for state or national office or awards programs, and refusing to count their membership in computing votes at national conventions. ..... authority of the jaycees rests with an annual national convention, consisting of delegates from each local chapter, with a national president and board of directors. ..... the jaycees, as set out in its bylaws, is to pursue "such educational and charitable purposes as will promote and foster the growth and development of young men's civic organizations in the united states, designed to inculcate in the individual membership of such organization a spirit of genuine americanism and civic interest, page 468 u. s. ..... thus, in explaining its conclusion that the jaycees local chapters are "place[s] of public accommodations" within the meaning of the act, the minnesota court noted the various commercial programs and benefits offered to members, and stated that "[l]eadership skills are goods,' [and] business contacts and employment promotions are `privileges' and `advantages'. ..... hearing took place, however, the national organization brought suit against various state officials, appellants here, in the united states district court for the district of minnesota, seeking declaratory and injunctive relief to prevent enforcement of the act. ..... at the time of trial in august, 1981, the jaycees had approximately 295,000 members in 7,400 local chapters affiliated with ..... (1981); ..... 1981 ..... 1981 ..... n.w.2d 764 (1981). .....
Tag this Judgment!Court : US Supreme Court
..... after a 6-day bench trial, the district judge found that "a time to heal" was protected by copyright at the time of the nation publication and that respondents' use of the copyrighted material constituted an infringement under the copyright act, 106(1), (2), and (3), protecting respectively the right to reproduce the work, the right to license preparation of derivative works, and the right of first distribution of ..... ford and ronald reagan in the weeks before the republican convention of 1976: "about a month before the convention, my aides had met with reagan's representatives to discuss the ..... the basis of the record in this case, the most that can be said is that the nation made use of the contents of the manuscript knowing the copyright owner would not sanction the use. ..... of appeals was especially influenced by the "politically significant" nature of the subject matter and its conviction that it is not "the purpose of the copyright act to impede that harvest of knowledge so necessary to a democratic state" or "chill the activities of the press by forbidding a circumscribed use of copyrighted ..... with respect to the appropriation of information and ideas other than the quoted words, the nation's use was perfectly legitimate, despite the copyright owner's objection, because no copyright can be ..... user's guide to copyright 10.06 (1979) (united kingdom) ("no fair dealing with unpublished works"); ..... 1365, 1371 (ca5 1981), quoting rosemont enterprises, inc ..... (1981), cert ..... 1981) ..... 1981 ..... (ca2 1981). .....
Tag this Judgment!Court : US Supreme Court
..... overvalues any security, for the purpose of influencing in any way the action of the home owners' loan corporation or the board or an association upon any application, advance, discount, purchase, or repurchase agreement, or loan, under this act, or any extension thereof by renewal deferment, or action or otherwise, or the acceptance, release, or substitution of security therefor, shall be punished by a fine of not more than $5,000, or by imprisonment for not more than two years, or ..... 14justice stevens suggests that because he can discern no meaningful difference between the subject matter and penalties involved in the 42 sections of the united states code criminalizing false statements that expressly include a materiality requirement, and the 54 sections criminalizing false statements that lack an express materiality requirement, we must infer that congress intended all of the sections ..... in shabani, lacking a clear textual directive, we declined to depart from the common-law tradition of not requiring proof of an overt act 512 acknowledges, this would not be the first time that we have had to interpret 1014 so that it would not" 'make a surprisingly broad range of unremarkable conduct a ..... on this point by itself does not necessarily suggest that congress intended to dispense with a conventional mens rea element .... ..... ), we held that the national firearms act, 26 u. s. c ..... 490 (1981), help ..... f.2d 495 , 497 (ca4 1981), cert. ..... , 24-26 (1981) (stevens, ..... 1981 ..... practice and procedure 4478 (1981). .....
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