Court : US Supreme Court
..... footnote 62 ] in 1912, central and new haven had erected the hotel biltmore through a subsidiary, each railroad supplying half the funds, which were finally reimbursed in 1957. in 1958, central sought to lease the biltmore to a controlled subsidiary over new haven's objection. when new haven refused to sign the lease, central claimed that ..... judicial review before a three-judge court of the commission's refusal to provide joint rates a between new haven and boston & providence -- exclusively an interstate commerce act function. see act, 1(4), 15(6), 49 page 399 u. s. 430 u.s.c. 1(4), 15(b). the court held that to grant the shareholders ..... and eroded away the accumulated cash. [ footnote 30 ]" on july 6, 1964, the new haven trustees petitioned the commission, pursuant to 13a(2) of the interstate commerce act, 49 u.s.c. 13a(2), for authority to discontinue suburban passenger train service in the boston area. there followed a public hearing, an adjournment to afford massachusetts authorities .....
Tag this Judgment!Court : US Supreme Court
..... association of home builders et al. by michael m. berger and william h. ethier; for the nemours foundation, inc., by john j. mullenholz; for the northern virginia chapter of the national association of industrial and office parks et al. by john holland foote and john f. cahill; for the pacific legal foundation by ronald a. zumbrun, ..... years, all or part of petitioner's property was part of the beach or flooded twice daily by the ebb and flow of the tide. tr. 84. between 1957 and 1963, petitioner's property was under water. id., at 79, 81-82. between 1963 and 1973 the shoreline was 100 to 150 feet onto petitioner's ..... nothing). takings law is full of these "allor-nothing" situations. justice stevens similarly misinterprets our focus on "developmental" uses of property (the uses proscribed by the beachfront management act) as betraying an "assumption that the only uses of property cognizable under the constitution are developmental uses." post, at 1065, n. 3. we make no such assumption. .....
Tag this Judgment!Court : UK Supreme Court
..... with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder." chapters iii and iv then make extensive provision for the enforcement of copyright owners' rights in the digital world. the case law of the court of justice 10. the court of justice of ..... restricted by the applicable legislation. 169 since in the main proceedings the use of the works at issue is not authorised by the copyright holders, it must be determined whether the acts in question are intended to enable a use of works which is not restricted by the applicable legislation. 170 in this regard, it ..... 33 referred directly to the problem of temporary copies in the following terms: "the exclusive right of reproduction should be subject to an exception to allow certain acts of temporary reproduction, which are transient or incidental reproductions, forming an integral and essential part of a technological process and carried out for the sole purpose of .....
Tag this Judgment!Court : UK Supreme Court
..... in re abrahams' will trusts [1969] 1 ch 463 and in re hastings-bass, decd [1975] ch 42, discussed below, can be seen as a final chapter in that case law. 16. there is one further background matter to be noted. under traditional family settlements, when the modern type of discretionary settlement was still fairly rare ..... were both cases about plans to save estate duty by terminating a life interest and passing on settled property to the next generation. the plans (carried out in 1957 and 1958 respectively) were on the same general lines as that in pilkington, the first-instance decision in which ([1959] ch 699, danckwerts j) had provided ..... director of public prosecutions v hutchinson [1990] 2 ac 783). 14. in the field of trust law the most common invalidating factor, until the perpetuities and accumulations act 1964, was the unreformed rule against perpetuities, or remoteness of vesting. this applied relentlessly both to dispositions of property made by settlors or testators of property at .....
Tag this Judgment!Court : US Supreme Court
..... (5th ed. 1797), coke equated the phrase "due process of the law" in the 1354 statute with the phrase "law of the land" in chapter 29 of magna charta (chapter 39 of the original magna charta signed by king john at runnymede in 1215), which provides: "no freeman shall be taken, or imprisoned, or be disseised ..... filled this gap. see k. redden, punitive damages 2.3(a) (1980); note, exemplary damages in the law of torts, 70 harv.l.rev. 517, 519-520 (1957). recent years, however, have witnessed an explosion in the frequency and size of punitive damages awards. see rand institute for civil justice, m. peterson, s. sarma, & m. ..... s. 402 . it reasoned that the utter lack of standards subjected acquitted defendants to "arbitrary and discriminatory impositions of costs." ibid. justice black wrote for the court: "the act, without imposing a single condition, limitation or contingency on a jury which has acquitted a defendant, simply says the jurors 'shall determine, by their verdict, whether . . . .....
Tag this Judgment!Court : US Supreme Court
..... waters, a line drawn around those islands and the intervening waters would constitute the "coast" of louisiana within the definition of the submerged lands act. since that act confirms to all states rights in submerged lands three miles from their coasts, the government concedes that louisiana would be entitled not only to the inland ..... eisenhower to price daniel, governor of texas, nov. 7, 1957, printed at p. 294 of texas' brief. [ footnote 39 ] h.j.res. 118, 79th cong., 1st sess.; h.j.res. 225, s.j.res. 48, ..... secretary of the interior mckay); 1953 senate hearings 957 (attorney general brownell); letter from president eisenhower to jack porter, republican national committeeman, dec. 4, 1957, reported in houston post, dec. 7, 1957, 1, pp. 1-2; letter from president eisenhower to senator anderson, apr. 24, 1953, reprinted in 99 cong.rec. 3865; letter from president .....
Tag this Judgment!Court : US Supreme Court
..... the southern pacific line. [ footnote 1 ] the commission proceedings resulted in the grant of some, but not all, of the requested authority. on may 8, 1957, the commission acted favorably on the sub 34 application. 71 m.c.c. 561. however, the commission thereafter consolidated the four applications and heard oral argument. on september 9, ..... the applicant is fit, willing, and able properly to perform the service of a contract carrier by motor vehicle and to conform to the provisions of this chapter and the lawful requirements, rules, and regulations of the commission thereunder, and that the proposed operation, to the extent authorized by the permit, will be ..... and/or its shipper and the changing character of that shipper's requirements. . . ." (emphasis added.) the italicized portion was added by an amendment of august 22, 1957, 71 stat. 411, well before the commission's decision of september 9, 1958. consequently, the commission was required to apply the new standards. ziffrin, inc. v. .....
Tag this Judgment!Court : US Supreme Court
..... laws secured by the constitution." 10 u.s.c. 334: "whenever the president considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time." two statutes, passed as a ..... secretary for international security affairs. a like office was established in 1961 in the department of the army by president kennedy, and another for the air force in 1957 by president eisenhower. thus, when the pentagon entered a washington, d.c., conference, its four "secretaries of state" faced the real secretary of state, ..... in keyishian v. board of regents had been discharged from employment by the state, and the others were threatened with such discharge, because of their political acts or associations. the court concluded that the state's "complicated and intricate scheme" of laws and regulations relating to teacher loyalty could not withstand constitutional scrutiny .....
Tag this Judgment!Court : US Supreme Court
..... so obtained, together with such recommendations as may appear to be appropriate or necessary to promote the purposes of such compact." "(c) in carrying out the purposes of this chapter, the commission shall, so far as practicable, avail itself of the services, records, reports, and information of the executive departments and other agencies of the government, and ..... by the fpc were outside the scope of a 7 proceeding. the court relied principally on 1(b) of the natural gas act, 15 u.s.c. 717(b), which provides: "the provisions of this chapter shall apply to the transportation of natural gas in interstate commerce, to the sale in interstate commerce of natural gas for resale ..... commerce, and consolidated edison co. (con. ed.), a public utility in new york city which uses gas under its boilers and also sells gas to domestic consumers. in 1957, con. ed. contracted to purchase gas from producers in the normanna and sejita fields in texas at 19 1/4 cents per mcf., the contracts of sale containing .....
Tag this Judgment!Court : US Supreme Court
..... 23 argued october 17, 1956 decided june 3, 1957 353 u.s. 657 certiorari to the united states court of appeals for the fifth circuit syllabus petitioner was convicted in a federal district court of violating 18 u.s.c. 1001 by filing, under 9(h) of the national labor relations act, as president of a labor union, an affidavit ..... and american workers to cut off production to slow down the korean war effort. matusow also testified that, when he told the petitioner that he had joined the taos chapter of the mexican-american association, the petitioner told him that this was proper communist work because the association was a key organization, controlled page 353 u. s. 665 ..... informant's name and did not touch on the problem of the disclosure of government documents. [ footnote 3/3 ] in gold v. united states, 352 u. s. 985 (1957), this court reversed and remanded the case for a new trial because of official intrusion into the privacy of the jury. the case was dismissed on oral motion of the .....
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