Court : US Supreme Court
Decided on : Dec-05-1972
..... that either self-discipline on the part of the customer or self-regulation on the part of the bartender could have been relied upon by the department to secure compliance with such an alternative plan of regulation. the department's choice of a prophylactic solution instead of one that would have required its own personnel to judge ..... provisions are, of course, civil in nature. cf. hearn v. short, 327 f.supp. 33 (sd tex. 1971 ). moreover, the younger doctrine has been held to "have little force in the absence of a pending state proceeding." lake carriers' assn. v. macmullan, 406 u. s. 498 , 406 u. s. 509 (1972)(emphasis added). there are at ..... and judgment of the court. * this is not to say that the twenty-first amendment empowers a state to act with total irrationality or invidious discrimination in controlling the distribution and dispensation of liquor within its borders. and it most assuredly is not to say that the twenty-first amendment necessarily overrides in its allotted area any .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-01-1972
..... brings this action by virtue of its duty to protect the general welfare of the state and its citizens, acting herein as parens patriae, trustee, guardian and representative of its citizens, to recover damages for, and secure injunctive relief against, the violations of the antitrust laws hereinbefore alleged." "20. the unlawful contracts, combination and ..... v. tennessee copper co., 206 u. s. 230 (1907) (holding that georgia was entitled to sue to enjoin fumes from a copper plant across the state border from injuring land in five georgia counties); new york v. new jersey, 256 u. s. 296 (1921) (holding that new york could sue to enjoin the ..... , as parens patriae, could have recovered damages under the antitrust laws for a conspiracy involving other than agency-approved transportation charges. that holding applies with equal force here. hawaii is complaining not of an affront to its abstract sovereignty, but of the economic loss occasioned by respondents' conspiracy. as in georgia, this .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1972
..... score. page 407 u. s. 43 this will mean not only that more defense counsel must be provided, but also additional prosecutors and better facilities for securing information about the accused as it bears on the probability of a decision to confine. the step we take today should cause no surprise to the legal profession ..... were charged with felonies in state courts, and 24,000 were charged with felonies in federal courts. president's commission on law enforcement and administration of justice, task force report: the courts 55 (1967). exclusive of traffic offenses, however, it is estimated that there are annually between four and five million court cases involving misdemeanors. ..... federal expense for certain indigents, and does not purport to cover the full range of constitutional rights to counsel. indeed, the conference report on the criminal justice act of 1964 made clear the conferees' belief that the right to counsel extends to all offenses, petty and serious alike. h.r.conf.rep. no. 1709, .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-15-1972
..... education, and welfare to exempt members of "a recognized religious sect" existing at all times since december 31, 1950, from the obligation to pay social security taxes if they are, by reason of the tenets of their sect, opposed to receipt of such benefits and agree to waive them, provided the secretary ..... providing educational opportunities for children, but as an alternative to the equally undesirable consequence of unhealthful child labor displacing adult workers, or, on the other hand, forced idleness. [ footnote 18 ] the two kinds of statutes -- compulsory school attendance and child labor laws -- tend to keep children of certain ages off the ..... although the trial court, in its careful findings, determined that the wisconsin compulsory school attendance law, "does interfere with the freedom of the defendants to act in accordance with their sincere religious belief," it also concluded that the requirement of high school attendance until age 16 was a "reasonable and constitutional" .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1972
..... for political funds, provided that the fund not make a contribution or expenditure in connection with a federal election by utilizing money or anything of value secured by physical force, job discrimination, financial reprisals, or the threat thereof, or by monies required as a condition of employment or union membership. held: 1. ..... but were not directly contributed to any candidate or political committee. thus, pac had limited its direct contributions in federal campaigns to primaries, to which the act at the time expressly did not apply, and restricted its activities in the elections themselves to so-called "expenditures," rather than "contributions." the senate ..... and held that the fund was a subterfuge through which the union made political contributions of union monies in violation of 610. the federal election campaign act of 1971, which became effective after oral argument here, added a paragraph at the end of 610 that expressly authorizes labor organizations to establish, administer .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1972
..... or support particular legislation or policies is to vest enormous leverage in the executive and the courts. members of congress may find themselves in the dilemma of being forced to conduct themselves contrary to the interests of those who provide financial support or declining that support. they may also feel constrained to listen less often to ..... by prearrangement; if that part of the transaction may be plucked from its context and made the basis of criminal charges, the speech or debate clause loses its force. it will be small comfort for a congressman to know that he cannot be prosecuted for his vote, whatever it may be, but he can be prosecuted ..... money either under a narrowly drawn statute or one of general application. this distinction between a promise and an act will not withstand scrutiny in terms of the values that the speech or debate clause was designed to secure. the majority agrees that, in order to assure the independence and integrity of the legislature and to reinforce the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-19-1972
..... danger to the structure or existence of the government." the government relies on 2511(3) in support of its contention that "in excepting national security surveillances from the act's warrant requirement, congress recognized the president's authority to conduct such surveillances without prior judicial approval." held: 1. section 2511(3) is merely ..... by police, fbi agents and soldiers in order to gain the confidences of dissidents, see press freedoms under pressure, report of the twentieth century fund task force on the government and the press 29-34, 86-97 (1972). for the revelation of army infiltration of political organizations and spying on senators, governors ..... present danger to the structure or existence of the government. the affidavit speaks only of attempts to attack or subvert; it makes no reference to force or unlawfulness; it articulates no conclusion that the attempts involved any clear and present danger to the existence or structure of the government. the shortcomings .....
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