Court : US Supreme Court
..... a wide variety of state law. see, e.g., lochner v. new york, 198 u. s. 45 ; burns baking co. v. bryan, 264 u. s. 504 . those chapters have ended, sometimes as a result of judicial housekeeping, [ footnote 2/6 ] at other times as a consequence of federal legislation. [ footnote 2/7 ] what mostly remain are clashes ..... board of medical examiners, representing the state, says that they are included. the chiropractors say they are not, and, if they are, that the act is unconstitutional. the case was started in may, 1957, and here we are nearly seven years later without a decision on the merits. that seems like an unnecessary price to pay for our federalism. ..... action. the judgment is reversed, and the case is remanded for further proceedings consistent with this opinion. it is so ordered. [ footnote 1 ] the action was brought in 1957. the district court initially dismissed the complaint on the authority of louisiana state board of medical examiners v. fife, 162 la. 681, 111 so. 58, aff'd per .....
Tag this Judgment!Court : US Supreme Court
..... in part any order of the interstate commerce commission other than for the payment of money or the collection of fines, penalties and forfeitures, shall be as provided in this chapter. . . ." " 2322. united states as party." "all actions specified in section 2321 of this title shall be brought by or against the united states." " 2323. duties of attorney general; intervenors ..... , and has been applied by several other lower federal courts, new process gear corp. v. new york central r. co., 250 f.2d 569, 571-572 (c.a.2d cir. 1957), cert. denied, 356 u.s. 959; midland valley r. co. v. excelsior coal co., 86 f.2d 177, 181-182 (c.a.8th cir. 1936); baltimore & o. r. ..... law." "in case any common carrier subject to the provisions of this chapter shall do, cause to be done, or permit to be done any act, matter, or thing in this chapter prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this chapter required to be done, such common carrier shall be liable to the .....
Tag this Judgment!Court : US Supreme Court
..... . helvering v. hallock, supra, at 309 u. s. 119 -120. iii from the time textile workers union v. lincoln mills, 353 u. s. 448 (1957), was decided, we have frequently found it necessary to consider various substantive and procedural aspects of federal labor contract law and questions concerning its application in both state and federal ..... policy for resolving labor disputes, and a refusal to arbitrate is not an page 398 u. s. 236 abuse against which the norris-laguardia act was aimed. textile workers union v. lincoln mills, 353 u. s. 448 (1957). pp. 398 u. s. 242 -243. (d) this court's holding in avco corp. v. aero lodge 75, 390 u. ..... or otherwise causing or inducing without fraud or violence the acts heretofore specified. . . ." 4, 47 stat. 70, 29 u.s.c. 104. [ footnote 2 ] "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 .....
Tag this Judgment!Court : US Supreme Court
..... inform the employee where he may review that material." "(3) material which cannot be disclosed to the employee, or to his designated physician under 294.401 of this chapter, may not be used by an agency to support the reasons in the notice." "(b) employee's answer. except as provided in paragraph (c) of this ..... fails to meet these standards, or when their action is invidiously discriminatory." schware v. board of bar examiners, 353 u. s. 232 , 353 u. s. 239 (1957). the hearing requirement has equally been applied when the license was to be removed, in re ruffalo, 390 u. s. 544 (1968), or a licensee has been subject ..... the federal service, and hardly at all with tenure, promotion, removal, veterans' preference, pensions, and other subjects addressed by subsequent civil service legislation. the pendleton act provided for the creation of a classified civil service, and required competitive examination for entry into that service. its only provision with respect to separation was to prohibit .....
Tag this Judgment!Court : US Supreme Court
..... food machinery & chemical corp., 382 u. s. 172 , 382 u. s. 174 -175 (1965); cf. conley v. gibson, 355 u. s. 41 (1957), that dissemination of this flyer would "seriously impair [respondent's] future employment opportunities" and "inhibit him from entering business establishments for fear of being suspected of shoplifting and ..... brennan, with whom mr. justice marshall concurs and mr. justice white concurs in part, dissenting. i dissent. the court today holds that police officials, acting in their official capacities as law enforcers, may, on their own initiative and without trial, constitutionally condemn innocent individuals as criminals and thereby brand them ..... safeguards. the "stigma" resulting from the defamatory character of the posting was doubtless an important factor in evaluating the extent of harm worked by that act, but we do not think that such defamation, standing alone, deprived constantineau of any "liberty" protected by the procedural guarantees of the fourteenth amendment .....
Tag this Judgment!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
..... for those unfamiliar with classical music, i note that the exemplars of excellence in the text are borrowed from cole porter's "you're the top," copyright 1934. 2 the proposition that "shocks-the-conscience" is a test applicable only to executive action is original with today's opinion. that has never been ..... civilized conduct." in the intervening 847 years we have repeatedly adhered to rochin's benchmark. see, e. g., breithaupt v. abram, 352 u. s. 432 , 435 (1957) (reiterating that conduct that" 'shocked the conscience' and was so 'brutal' and 'offensive' that it did not comport with traditional ideas of fair play and decency" would ..... . 226 , 232 (1991) ("a necessary concomitant to the determination of whether the constitutional right asserted by a plaintiff is 'clearly established' at the time the defendant acted is the determination of whether the plaintiff has asserted a violation of a constitutional right at all," and courts should not "assum[e], without deciding, this preliminary issue .....
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 .....
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