Court : US Supreme Court
..... proving fault will be fully achieved. on the other hand, the interest in uniformity is disregarded in the category of cases that involve willful misconduct. under the treaty, a reckless act or omission may constitute willful misconduct. see koirala v. thai airways int'l, ltd., 126 f.3d 1205 , 1209-1210 (ca9 1997); goldhirsch, supra, n. 1, ..... avail itself of the provisions of the convention that "exclude or limit" its liability if its misconduct is willful.3 moreover, the question whether the carrier's wrongful act "is considered to be equivalent to wilful misconduct" is determined by "the law of the court to which the case is submitted." ibid. accordingly, the vast majority ..... matters of health and safety are at stake. see brief for respondent 31-33. see also post, at 181 (stevens, j., dissenting) ("[a] treaty, like an act of congress, should not be construed to preempt state law unless its intent to do so is clear."). tseng overlooks in this regard that the nation-state, not subdivisions .....
Tag this Judgment!Court : US Supreme Court
..... equally eligible citizens. vi the question that remains is whether congressional approval of durational residency requirements in the 1996 amendment to the social security act somehow resuscitates the constitutionality of 11450.03. that question is readily answered, for we have consistently held that congress may not authorize the ..... 513 u. s. 557 (1995) (per curiam}.4 accordingly, 11450.03 remained inoperative until after congress enacted the personal responsibility and work opportunity reconciliation act of 1996 (prwora), 110 stat. 2105. prwora replaced the afdc program with tanf. the new statute expressly authorizes any state that receives a block ..... proceeding, this court ordered green to be dismissed. the provision thus remained inoperative until after congress enacted the personal responsibility and work opportunity reconciliation act of 1996 (prwora), which replaced afdc with temporary assistance to needy families (tanf). prwora expressly authorizes any state receiving a tanf grant to .....
Tag this Judgment!Court : US Supreme Court
..... legal proof" created when only one witness was available but "a statute then lately made requiring two witnesses" had been in effect); id., at 638 (describing "acts of parliament, which principally affect the punishment, making therein some innovation, or creating some forfeiture or disability, not incurred in the ordinary course of law"); id., ..... those cases improperly construed the ex post facto clause to cover all "substantial protections," and that the fourth calder category consequently remains intact. and not future acts," id., at 327, for only those who had aided the confederacy would be unable to take the expurgatory oath. the court held that the amendments violated ..... are not ex post facto in their application to prosecutions for crimes committed prior to their passage; for they do 571 not attach criminality to any act previously done, and which was innocent when done; nor aggravate any crime theretofore committed; nor provide a greater punishment therefor than was prescribed at the .....
Tag this Judgment!Court : US Supreme Court
..... crimes, congress delineated the bank robbery and larceny provisions of 2113(a) and 2113(b) and placed these provisions under the title "bank robbery and incidental crimes." act of june 25, 1948, 2113, 282 62 stat. 796-797. in this codification, congress deleted the word "feloniously" from the robbery provision, leaving the statute ..... the jury could have found specific intent to steal on the facts presented, and thus disputes our characterization of the case as illustrating a situation where a defendant acts only with general intent. post, at 283-284 (citing lewis, 628 f. 2d, at 1279). the dissent fails to acknowledge, however, that the lewis ..... than one year, or both." a "textual comparison" of the elements of these offenses suggests that the government is correct. first, whereas subsection (b) requires that the defendant act "with intent to steal or purloin," subsection (a) contains no similar requirement. second, whereas subsection (b) requires that the defendant "tak[e] and carr[y] away" .....
Tag this Judgment!Court : US Supreme Court
..... c. 561 (1994 ed., supp. iii); 47 cfr 76.227 (1999). section 505 was added by floor amendment, without significant debate, to the telecommunications act of 1996 (act), a major legislative effort designed "to reduce regulation and encourage 'the rapid deployment of new telecommunications technologies.'" reno v. american civil liberties union, 521 u. ..... technology (either inadvertently or by way of enticement) allowed nonsubscribers to see and hear what was going on. that is why congress decided to act. 837 in 1995, senator dianne feinstein, the present statute's legislative cosponsor, pointed out that "numerous cable operators across the country are still automatically ..... thomas, concurring. it would seem to me that, with respect to at least some of the cable programming affected by 505 of the telecommunications act of 1996, the government has ample constitutional and statutory authority to prohibit its broadcast entirely. a governmental restriction on the distribution of obscene materials .....
Tag this Judgment!Court : US Supreme Court
..... court spoke of the substantiality test in meek, noting that "[d]isabled children, not sectarian schools, are the primary beneficiaries of the [individuals with disabilities act (idea)]; to the extent sectarian schools benefit at all from the idea, they are only incidental beneficiaries." c this stretch of doctrinal history leaves one point ..... ordered. justice o'connor, with whom justice breyer joins, concurring in the judgment. in 1965, congress passed the elementary and secondary education act, 79 stat. 27 (1965 act). under title i, congress provided monetary grants to states to address the needs of educationally deprived children of low-income families. under title ..... was pending, this court decided agostini v. felton, 521 u. s. 203 , approving a program under title i of the elementary and secondary education act of 1965 that provided public employees to teach remedial classes at religious and other private schools. concluding that agostini had neither directly overruled meek and wolman .....
Tag this Judgment!Court : US Supreme Court
..... citizens from fraudulent solicitation by requiring a stranger in the community, before permitting him publicly to solicit funds for any purpose, to establish his identity and his authority to act for the cause which he purports to represent." in murdock v. pennsylvania, 319 u. s. 105 , 116 (1943), we contrasted the license tax struck down in ..... fraudulent solicitation by requiring a stranger in the community, before permitting him publicly to solicit funds 163 for any purpose, to establish his identity and his authority to act for the cause which he purports to represent." id., at 306. similarly, in martin v. city of struthers, the court recognized crime prevention as a legitimate ..... the right to distribute pamphlets anonymously that we recognized in mc intyre v. ohio elections comm'n, 514 u. s. 334 (1995), reasoning that "the very act of going door-to-door requires the canvassers to reveal a portion of their identities." 240 f. 3d, at 563. the court of appeals concluded that the interests .....
Tag this Judgment!Court : US Supreme Court
..... legislative history, post, p. 267. deputy solicitor general clement argued the cause for petitioners. with him on the briefs were solicitor general olson, acting solicitor general underwood, acting assistant attorney general schiffer, deputy solicitor general kneedler, irving l. gornstein, barbara l. herwig, and jacob m. lewis. h. louis sirkin ..... a decent people. in 245 its legislative findings, congress recognized that there are subcultures of persons who harbor illicit desires for children and commit criminal acts to gratify the impulses. see congressional findings, notes following 2251; see also u. s. dept. of health and human services, administration on children ..... and encourages them to engage in illegal conduct. this rationale cannot sustain the provision in question. the mere tendency of speech to encourage unlawful acts is not a sufficient reason for banning it. the government "cannot constitutionally premise legislation on the desirability of controlling a person's private thoughts .....
Tag this Judgment!Court : US Supreme Court
..... dissenting); see generally krieger, civil rights perestroika: intergroup relations after affirmative action, 86 calif. l. rev. 1251, 1276-1291 (1998). the constitution instructs all who act for the government that they may not "deny to any person ... the equal protection of the laws." arndt. 14, 1. in implementing this equality instruction, as ..... reviewing admissions counselors referenced a set of "guidelines" tables, which listed gpa 2 ranges on the vertical axis, and american college test/scholastic aptitude test (act/sat) scores on the horizontal axis. each table was divided into cells that included one or more courses of action to be taken, including admit, reject ..... that the university's use of racial preferences in undergraduate admissions violated the equal protection clause of the fourteenth amendment, title vi of the civil rights act of 1964, and 42 u. s. c. 1981. they sought compensatory and punitive damages for past violations, declaratory relief finding that respondents violated .....
Tag this Judgment!Court : US Supreme Court
..... the plurality summarizes, ante , at 4 6; and to adopt a test aimed at detecting and preventing the use of those methods, which, i think, mine is. if those methods are unnecessary to effective gerrymandering, as the plurality implies, ante , at 28 29, it is hard to explain why they have ..... the lines of political subdivision, protection of incumbents of all parties, cohesion of natural racial and ethnic neighborhoods, compliance with requirements of the voting rights act of 1965 regarding racial distribution, etc. appellants contend that their intent test must be discernible and manageable because it has been borrowed from our racial gerrymandering ..... of article i and the equal protection clause of the fourteenth amendment. with regard to the latter contention, the complaint alleged that the districts created by act 1 were meandering and irregular, and ignor[ed] all traditional redistricting criteria, including the preservation of local government boundaries, solely for the sake of partisan .....
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