Court : US Supreme Court
..... u. s. 537 . there remains the issue of respondent's continued exclusion on ellis island. aliens seeking entry from contiguous lands obviously can be turned back at the border without more. polymeris v. trudell, 284 u. s. 279 (1932). while the government might keep entrants by sea aboard the vessel pending determination of their admissibility, resulting ..... u. s. 210 and not "deportation;" respondent's transfer from ship to shore on ellis island conferred no additional rights; in fact, no alien so situated "can force us to admit him at all." [ footnote 6 ] courts have long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the ..... voyage, on his return from four months at sea, he was "excluded" without a hearing on security grounds. page 345 u. s. 214 on the facts of that case, including reference to 307(d)(2) of the nationality act of 1940, we felt justified in "assimilating" his status for constitutional purposes to that of continuously present .....
Tag this Judgment!Court : US Supreme Court
..... . 357 u. s. 129 -130. (g) the only act of congress expressly curtailing the movement of communists across our borders, 2 and 6 of the internal security act of 1950, has not yet become effective, because the communist party has not registered under that act, and there is not in effect a final order of the board ..... united page 357 u. s. 122 states unless he bears a valid passport. [ footnote 4 ]" and the proclamation necessary to make the restrictions of this act applicable and in force has been made. [ footnote 5 ] prior to 1952, there were numerous laws enacted by congress regulating passports, and many decisions, rulings, and regulations by ..... , code no. 5000. accordingly, it was recommended that passports be refused any person "who counsels or advocates publicly or privately the overthrow [of] organized governments by force." id. among the examples stated were "[m]embers of the communist party." id. two weeks later, the state department published office instructions, dated december 16, 1920 .....
Tag this Judgment!Court : US Supreme Court
..... labor contracts establishing more or less standardized wages, hours, and other terms and conditions of employment in a given industry or market area are often secured either through bargaining with multiemployer associations or through bargaining with market leaders that sets a "pattern" for agreements on labor standards with other employers. these ..... national labor policy. pp. 381 u. s. 712 -713. (d) labor contracts establishing standardized wages, hours or other conditions of employment are often secured by bargaining with multiemployer associations or through bargaining with market leaders that sets a "pattern," and the policy of pattern bargaining should not lead to antitrust liability ..... competition among the other employers within the unit with respect to marketing hours; jewel complains only of the unions' action in forcing it to accept the same restriction, the unions acting not at the behest of any employer group but in pursuit of their own policies. it might be argued that, absent .....
Tag this Judgment!Court : US Supreme Court
..... of a document precludes judicial review -- epstein states: "[i]n view of the legislative purpose to make it easier for private citizens to secure government information, it seems most unlikely that [the act] was intended to foreclose an (a)(3) judicial review of the circumstances of exemption. rather, it would seem that [subsection] (b) ..... ," that the conflicting claims over the documents in this case must be considered. page 410 u. s. 81 a subsection (b)(1) of the act exempts from forced disclosure matters "specifically required by executive order to be kept secret in the interest of the national defense or foreign policy." according to the irwin affidavit, ..... was argued, and with merit, that efficiency of government would be greatly hampered if, with respect to legal and policy matters, all government agencies were prematurely forced to 'operate in a fishbowl.' the committee is convinced of the merits of this general proposition, but it has attempted to delimit the exception as narrowly .....
Tag this Judgment!Court : US Supreme Court
..... public interest in the confidentiality of such [communications]' from the more particularized and less qualified privilege relating to the need 'to protect military, diplomatic, or sensitive national security secrets. . . .' ibid. the court held that, in the case of the general privilege of confidentiality of presidential communications, its importance must be balanced against the ..... laughter.]" "mr. mccree: mr. justice powell, i have heard that, if two people have heard it, it will not." tr. of oral arg. 46. it borders on the absurd for the court to cite our recent decision in whalen v. roe, 429 u. s. 589 (1977), as a precedent for the proposition that government ..... , representing president carter, supports its constitutionality. while we must give due regard to the fact that these president have not opposed the act, we must also give due regard to the unusual political forces that have contributed to making this situation "unique." ante at 433 u. s. 494 (powell, j., concurring). mr. justice .....
Tag this Judgment!Court : US Supreme Court
..... through which correctional officials are informed about complaints concerning prison conditions, and through which remedial action may be secured. see affidavit of director edwards, app. 127. with this presumably effective path available for the transmission of ..... "permitted" inmates to join the union, granted substantial injunctive relief, having concluded that prohibiting inmate-to-inmate solicitation "border[ed] on the irrational," and that, since bulk mailings to and meetings with inmates by the jaycees, alcoholics ..... on solicitation; [ footnote 2/6 ] overturning that ban page 433 u. s. 145 would sap all force from the rationale for excluding bulk mailings. the exclusion would then be left as one that unnecessarily increases the ..... grievances, the fact that the union's grievance procedures might be more "desirable" does not convert the prohibitory regulations into unconstitutional acts. see procunier v. martinez, 416 u. s. 396 , 416 u. s. 413 (1974); cf. greer v. spock, .....
Tag this Judgment!Court : US Supreme Court
..... private exercise of traditional police functions. in griffin v. maryland, 378 u. s. 130 (1964), the state contended that the deputy sheriff in question had acted only as a private security employee, but this court specifically found that he "purported to exercise the authority of a deputy sheriff." id. at 378 u. s. 135 . griffin ..... with the authority of state law"); parks v. "mr. ford," 556 f.2d 132, 141 (ca3 1977) (en banc) ("pennsylvania has quite literally delegated to private individuals, [forced-sale] powers traditionally exclusively reserved' to sheriffs and constables"); cox bakeries, inc. v. timm moving & storage, inc., 554 f.2d 356, 358 (ca8 1977) (clark, j.) ..... sovereign function, not whether state law forecloses any possibility of recovering for damages for such activity. for instance, it is clear that the maintenance of a police force is a unique sovereign function, and the delegation of police power to a private party will entail state action. see griffin v. maryland, 378 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... v. williams, 430 u.s. at 430 u. s. 405 (the accused "had effectively asserted his right to counsel by having secured attorneys at both ends of the automobile trip, both of whom, acting as his agents, had made clear to the police that no interrogation was to occur during the journey") (emphasis added). [ footnote 2 ..... suspect concerning one criminal investigation trigger the obligation to inform the defendant before interrogation may proceed on a wholly separate matter?" ibid. as the facts of this case forcefully demonstrate, the answer is "yes." [ footnote 2/47 ] two examples will illustrate the one-sided character of the court's conception of the clarity of ..... the cranston, rhode island, police arrested respondent and two others in connection with a local burglary. shortly before the arrest, detective ferranti of the cranston police force had learned from a confidential informant that the man responsible for ms. hickey's death lived at a certain address and went by the name of "butch." .....
Tag this Judgment!Court : US Supreme Court
..... independent income, such as a child for whom support payments were being made. in 1983, the secretary of health and human services proposed certain amendments to the social security act to "assure that limited federal and state resources are spent as effectively as possible." letter of 25 may 1983, to the honorable george bush, president of the senate ..... and counted as available to the family as a whole." ibid. see also h.r.conf.rep. no. 98-861, p. 1407 (1984). because the 1984 amendment forced families to include in the filing unit children for whom support payments were being received, the practical effect was that many families' total income was reduced. [ footnote 6 ] ..... if the mother is wealthy enough not to require public assistance. a child cannot be held responsible for the indigency of its mother, and should not be forced to choose between parents because of something so clearly out of its control. no society can assure its children that there will be no unhappy families. it .....
Tag this Judgment!Court : UK Supreme Court
..... of state for defence (justice intervening) [2007] ukhl 58; [2008] 1 ac 332. the claimant in that case had been detained by british forces in iraq, acting pursuant to security council resolution 1546 made under article 42 of the charter. he claimed under the hra a declaration that his detention infringed his rights under article 5(1 ..... as appears necessary or expedient for enabling the effective application of "measures not involving the use of armed force" which the security council has decided "are to be employed to give effect to its decisions". measures to which the 1946 act refers must necessarily have a degree of specificity. they have to be capable of being "employed" ..... section 1 (1) of the united nations act 1946 (the 1946 act). section 1(1) is central to the appeals: "if, under article 41 of the charter of the united nations . . . (being the article which relates to measures not involving the use of armed force) the security council of the united nations call upon his majesty' .....
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