Court : US Supreme Court
..... congress along the lines of the virginia declaration, only new york mentioned a "public" trial. see e. dumbauld, the bill of rights 173-205 and, specifically, 190 (1957); 1 elliot's debates 328 (2d ed. 1836). but new york did not follow virginia's language by casting the right as one belonging only to the accused; it ..... it was necessary to effectuate congress' determination page 443 u. s. 440 that the confidentiality of communications intercepted under title iii of the omnibus crime control and safe streets act of 1968, 18 u.s.c. 2510 et seq., be preserved prior to the determination that such communications were lawfully intercepted. united states v. cianfrani, 573 f ..... any special status of members of the press as such, but rather page 443 u. s. 398 because, "[i]n seeking out the news, the press . . . acts as an agent of the public at large," each individual member of which cannot obtain for himself "the information needed for the intelligent discharge of his political responsibilities." id. .....
Tag this Judgment!Court : US Supreme Court
..... : "any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this chapter, shall to that extent be void." 45 u.s.c. 55. [ footnote 7 ] section 1 of the fela, as codified, provides, in part: "every common carrier ..... slightest, in producing the injury or death for which damages are sought." rogers v. missouri pacific r. co., 352 u. s. 500 , 352 u. s. 506 (1957). indeed, in the spirit of broad construction, the fela has been construed to cover some intentional torts even though its text only mentions negligence. see jamison v. encarnacion, 281 ..... words, was that "there is no subject matter jurisdiction in the district court to entertain an action concerning a labor dispute between a 'carrier' subject to the railway labor act and its employees." record doc. no. 42, p. 6. the district court accepted this argument, and granted summary judgment on "the narrow question of the availability .....
Tag this Judgment!Court : US Supreme Court
..... even if it is relevant, supports conflicting inferences and provides scant illumination. 10 carter claims further support in prince v. united states, 352 u. s. 322 (1957), for his view that 2113(a) implicitly requires a specific "intent to steal." but prince did not discuss the elements of that subsection, let alone compare ..... 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 ..... 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
..... as far as it went, an effective method of stopping the evils aimed at in corrupt practices acts. united states v. automobile workers , 352 u. s. 567 , 572 (1957) (quoting 40 cong. rec. 96). the court has surveyed the history leading up to the tillman act several times, see wrtl , 551 u. s., at 508 510 (souter, j., dissenting); mcconnell ..... , 540 u. s., at 115; automobile workers , 352 u. s., at 570 575, and i will refrain from doing so again. it is enough to say that the act ..... 19 additionally, the majority cites some recent scholarship challenging the historical account of campaign finance law given in united states v. automobile workers , 352 u. s. 567 (1957). ante , at 48. austin did not so much as allude to this historical account, much less rely on it. even if the scholarship cited by the majority is .....
Tag this Judgment!Court : US Supreme Court
..... same. they constitute and make plain the wrong complained of -- the violation of the right to exclusive use. in the oursler case, there was a valid copyright which was held not infringed. here, the trial court determined the trademark was invalid. the oursler case held that, where the causes of action are different, ..... or of the character or quality of such goods, or merely a geographical name or term, shall be registered under the terms of this subdivision of this chapter: provided further, that no portrait of a living individual may be registered as a trademark except by the consent of such individual, evidenced by an instrument in ..... stat. 534. "any person who shall, without the consent of the owner thereof, reproduce, counterfeit, copy, or colorably imitate any trademark on the register provided by this act and shall affix the same to merchandise of substantially the same descriptive properties as those set forth in the registration, or to labels, signs, prints, packages, wrappers, or .....
Tag this Judgment!Court : US Supreme Court
..... not because of them. much water has flowed over the dam since 1898, and cases such as service v. dulles, 354 u. s. 363 (1957), cited by the district court in its memorandum opinion in this case, establish that federal courts do have authority to review the claim of a discharged ..... to the court from the affidavits and accompanying exhibits that a temporary restraining order, pending the appearance before this court of mr. w. h. sanders, acting commissioner, public buildings service, should issue because, unless defendants are restrained from terminating plaintiff's employment, plaintiff may suffer immediate and irreparable injury, loss and ..... commission. the district court granted a temporary restraining order, and after an adversary hearing extended the interim injunctive relief in favor of respondent until the acting commissioner of the public buildings service testified about the reasons for respondent's dismissal. a divided court of appeals for the district of columbia circuit affirmed .....
Tag this Judgment!Court : US Supreme Court
..... . 104. [ footnote 12 ] "suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the united states having jurisdiction of the parties, without respect to the amount in ..... 379 u.s. 833 and 841 (1964); nlrb v. fruin-colnon construction co., 330 f.2d 885 (ca8 1964); nlrb v. knight morley corp., 251 f.2d 753 (ca6 1957), cert. denied, 357 u.s. 927 (1958); redwing carriers, inc., 130 n.l.r.b. 1208 (1961), enf'd as modified sub nom. teamsters local 79 v. ..... negligence in safety matters, particularly their practice of "not testing for gas." [ footnote 2/3 ] at those hearings, senator harrison williams, the principal author of the 1969 mine safety act, commented that the enforcement performance of the united states bureau of mines was "outrageous . . . just plain unbelievable." [ footnote 2/4 ] page 414 u. s. 389 it .....
Tag this Judgment!Court : US Supreme Court
..... and are waiting to be filled or have been filled. burton, the legal tender cases: a celebrated supreme court reversal, 42 a.b.a.j. 231 (1956), reprinted as chapter ix in the occasional papers of mr. justice burton (e. hudon ed.1969). we allowed his advice, as well as that of the marshall court, to go unheeded when we ..... ] petitioner so asserts, relying on jackson v. barksdale, 17 ga.app. 461, 87 s.e. 691 (1916); powell v. powell, 95 ga.app. 122, 97 s.e.2d 193 (1957). respondent, without citation of authority states that "[c]ounsel could have attacked the garnishment in other ways either in the state or federal courts. . . ." brief for respondent 5. mr. justice ..... . justice grier was no longer on the bench. a year later, with the two vacancies filled, the court, by a 5-4 vote, overruled hepburn and held the legal tender act constitutional with respect to all debts. legal tender cases, 12 wall. 457 (1871). the court said: "that case [ hepburn v. griswold ] was decided by a divided court, and .....
Tag this Judgment!Court : US Supreme Court
..... footnote 4/7 ] and although 1461 and 1464 were originally enacted separately, they were codified together in the criminal code of 1848 as part of a chapter entitled "obscenity." there is nothing in the legislative history to suggest that congress intended that the same word in two closely related sections should have different meanings ..... as "fighting words," chaplinsky v. new hampshire, 315 u. s. 568 (1942), or obscenity, roth v. united states, 354 u. s. 476 (1957), that is totally without first amendment protection. this conclusion, of course, is compelled by our cases expressly holding that communications containing some of the words found condemnable here ..... society has a tradition of performing certain bodily functions in private, and of severely limiting the public exposure or discussion of such matters. verbal or physical acts exposing those intimacies are offensive irrespective of any message that may accompany the exposure. [ footnote 24 ] with respect to other types of speech, the .....
Tag this Judgment!Court : US Supreme Court
..... ]conomically and politically analogous to transportation taxes exploiting geographical position." brown, the open economy: justice frankfurter and the position of the judiciary, 67 yale l.j. 219, 232 (1957) (brown). see also hellerstein, constitutional constraints on state and local taxation of energy resources, 31 nat.tax j. 245, 249-250 (1978); r. posner, economic analysis ..... energy resources, 31 nat.tax.j. 245, 249 (1978); brown, the open economy: justice frankfurter and the position of the judiciary, 67 yale l.j. 219, 232-233 (1957); developments in the law: federal limitations on state taxation of interstate business, 75 harv.l.rev. 953, 970-971 (1962) (developments). [ footnote 6 ] the heisler approach ..... of the payments received by the federal government. see complaint 38-41, j.s.app. 57a-58a. yet 32 of the 1920 act, as set forth in 30 u.s.c. 189, states that "[n]othing in this chapter" -- which includes 7 and 35 -- "shall be construed or held to affect the rights of the states . . . .....
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