Assert - Year 1978 - Judgments

Dec 05 1978 (FN)

Rakas Vs. Illinois

Court: US Supreme Court

Decided on: Dec-05-1978

..... may invoke that rule are properly considered when deciding whether to expand standing to assert fourth amendment violations footnote 6 b had we accepted petitioners request to allow persons ..... was legitimately present during the search footnote 2 1 in considering the reasonableness of asserted privacy expectations the court has recognized that no single factor invariably will be determinative .....

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Jun 21 1978 (FN)

Owen Eqpt. and Erection Co. Vs. Kroger

Court: US Supreme Court

Decided on: Jun-21-1978

..... court lacked power to entertain the respondent s lawsuit against the petitioner thus the asserted inequity in the respondent s alleged concealment of its citizenship is irrelevant federal judicial ..... believed that the district court s ancillary jurisdiction encompassed this claim subsequently mrs kroger asserted a claim against owen everyone believing at the time that these two parties were citizens .....

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Jun 26 1978 (FN)

Duke Power Co. Vs. Carolina Env. Study Group

Court: US Supreme Court

Decided on: Jun-26-1978

..... suggests a connection between the claimed injury and the right asserted bearing some resemblance to the nexus requirement now urged upon ..... the absence of a subject matter nexus between the injury asserted and the constitutional claim but instead because of the unlikelihood ..... restraints and monopolies i it is apparent that appellees first asserted basis for relief does not state a claim arising under .....

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Apr 26 1978 (FN)

First Nat'l Bank of Boston Vs. Bellotti

Court: US Supreme Court

Decided on: Apr-26-1978

..... sort of publication which affords a vehicle of information and opinion the informative function asserted by representatives of the organized press is also performed by lecturers political pollsters ..... in connection with referenda campaigns not material to their business functions the court also asserts that massachusetts interest in protecting dissenting shareholders is belied by its failure to .....

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May 23 1978 (FN)

BaldwIn Vs. Fish and Game Comm'n of Montana

Court: US Supreme Court

Decided on: May-23-1978

..... 1976 the state could not meet the plaintiffs privileges and immunities challenge simply by asserting that the discrimination was a rational means for fostering a legitimate state interest instead ..... that its laws are not violative of the privileges and immunities clause its mere assertion that the discrimination practiced against nonresidents is justified by the peculiar problem nonresidents present .....

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Dec 11 1978 (FN)

Corbitt Vs. New Jersey

Court: US Supreme Court

Decided on: Dec-11-1978

..... risk of more severe punishment clearly may have a discouraging effect on the defendant s assertion of his trial rights the imposition of these difficult choices is an inevitable and permissible ..... plea bargaining even though every such circumstance has a discouraging effect on the defendant s assertion of his trial rights because the imposition of these difficult choices is the inevitable attribute .....

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Jun 14 1978 (FN)

Exxon Corp. Vs. Governor of Maryland

Court: US Supreme Court

Decided on: Jun-14-1978

..... the consumer of certain special services even if we assume the truth of both assertions neither warrants a finding that the statute impermissibly burdens interstate commerce some refiners may ..... an avowed purpose to discriminate against interstate goods ibid in an independent assessment of the asserted purpose the court determined exactly how the ordinance protected public health and then concluded .....

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May 15 1978 (FN)

Kulko Vs. Superior Ct.

Court: US Supreme Court

Decided on: May-15-1978

..... the restatement recognizes that there might be circumstances that would render unreasonable the assertion of jurisdiction over the nonresident defendant the circumstances in this case clearly render ..... unreasonable california s assertion of personal jurisdiction there is no claim that appellant has visited physical injury .....

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Jun 06 1978 (FN)

Monell Vs. Department of Soc. Svcs.

Court: US Supreme Court

Decided on: Jun-06-1978

..... matter over which sort of instrumentality the federal government sought to assert its power dennison and day after all were not suits ..... 2 8 to the extent that the complaints in those cases asserted claims against the individual defendants in their personal capacity as ..... inconsistent with the well known holding of monroe the court s assertion that municipalities have no right to act on an assumption .....

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May 15 1978 (FN)

Sears, Roebuck and Co. Vs. Carpenters

Court: US Supreme Court

Decided on: May-15-1978

..... given class of cases must depend upon the nature of the particular interests being asserted and the effect upon the administration of national labor policies of permitting the state ..... by somewhat different standards thus if both laws are upheld two administrative bodies are asserting a discretionary control over the same subject matter conducting hearings supervising elections and determining .....

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