Court : US Supreme Court
..... cases, the challenged governmental action has not ceased. the new jersey governmental action does not rest on the distant contingencies of another strike and the discretionary act of an official. [ footnote 7 ] rather, new jersey has declared positively that able-bodied striking workers who are engaged, individually and collectively, in ..... presented is whether a "case" or "controversy" still exists, within the meaning of art. iii, 2, of the constitution, and of the declaratory judgment act, 28 u.s.c. 2201-2202. i a collective bargaining agreement between petitioners super tire engineering company and supercap corporation, affiliated new jersey corporations, [ footnote ..... 1974). [ footnote 4 ] the regulations (m.a. 1.006, revised mar. 1957), issued by the new jersey department of institutions and agencies under the general public assistance law, provided in pertinent part: "a. citation of statute and constitution" "chapter 156, p. l.1947 (r.s. 44:108) defines reimbursable public assistance as .....
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..... 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 .....
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..... a), so too is it clear that united association and local 334 are "labor organization[s] representing employees in an industry affecting commerce as defined in this chapter." as defined in the act, 29 u.s.c. 152 (5), the term "labor organization" means "any organization of any kind, or any agency or employee representation committee or ..... of our national labor laws.'" ante at 452 u. s. 627 (quoting textile workers v. lincoln mills, 353 u. s. 448 , 353 u. s. 456 (1957)). similarly, remarks in committee reports and on the floor regarding the accountability of unions for their agreements were all made in relation to collective bargaining agreements with employers; there ..... cortney, 368 u. s. 502 , 368 u. s. 509 (1962); see textile workers v. lincoln mills, 353 u. s. 448 , 353 u. s. 452 -455 (1957). as the senate observed, "[s]tatutory recognition of the collective agreement as a valid, binding, and enforceable contract . . . will promote a higher degree of responsibility upon the parties to such .....
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..... if it is "pervasively vulgar." but why must the vulgarity be "pervasive" to be offensive? vulgarity might be concentrated in a single poem or a single chapter or a single page, yet still be inappropriate. or a school board might reasonably conclude that even "random" vulgarity is inappropriate for teenage school students. ..... of the court will be taken and disposed of" on the merits, ferguson v. moore-mccormack lines, inc., 352 u. s. 521 , 352 u. s. 560 (1957) (opinion of harlan, j.) -- which we customarily follow in exercising our certiorari jurisdiction. his concurrence, although not couched in such language, is, in effect, a single ..... books were indecent, in bad taste, and unsuitable for educational purposes." id. at 430. he also asserted that, in reaching its decision "the board [had] acted carefully, conscientiously and responsibly after according due process to all parties concerned." id. at 422. judge mansfield concluded that "the first amendment entitles students to reasonable freedom .....
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..... was in the religious exemption which previously exempted from registering and reporting any organization serving a bona fide religious purpose." "minn.stat. 309.515, as found in chapter 601 of the 1978 session laws, provides that the religious exemption now applies to religious groups or societies which receive more than half of its contributions in the ..... statute. because i find the court's standing analysis wholly unconvincing, i respectfully dissent. i 456 u. s. 515, subd. 1(b), of the minnesota charitable solicitations act (act) because they have "plainly met" the case-or-controversy requirements of art. iii. ante at 456 u. s. 239 . this conclusion is wrong. its error can ..... narrow construction of a statutory exemption for religious organizations is not favored. washington ethical society v. district of columbia, 249 f.2d 127, 129 (d.c. cir.1957, burger, j.)." 637 f.2d at 570. at the very least, then, a declaration that 309.515, subd. 1(b)'s fifty percent rule is unconstitutional would .....
Tag this Judgment!Court : US Supreme Court
..... of "agency action" for purposes of 702 is set forth in 5 u.s.c. 551(13), see 5 u.s.c. 701(b)(2) ("for the purpose of this chapter . . . agency action' ha[s] the meanin[g] given . . . by section 551 of this title"), which defines the term as "the whole or a part of an agency rule, ..... former, presumes that general allegations embrace those specific facts that are necessary to support the claim. conley v. gibson, 355 u. s. 41 , 355 u. s. 45 -46 (1957). page 497 u. s. 890 iv we turn next to the court of appeals' alternative holding that the four additional member affidavits proffered by respondent in response to the district ..... recommended that "congress should provide for a careful review of (1) all executive withdrawals and reservations, and (2) blm retention and disposal classifications under the classification and multiple use act of 1964." ibid. in 1976, congress passed the flpma, which repealed many of the miscellaneous laws governing disposal of public land, 43 u.s.c. 1701 et seq. (1982 .....
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..... against labor unions: "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 ..... ves. jun. 489, 495-496, 31 eng.rep. 1159, 1162 (ch. 1801); restatement (second) of trusts 205(a), and illustration 2, pp. 458, 459 (1957) (restatement). in other words, the union compares itself to a trustee that, in its discretion, has decided not to press certain claims. the respondents argue that the duty of ..... ' behalf, respondents filed suit in the district court. alleging that mclean had breached the collective bargaining agreement in violation of 301 of the labor management relations act, 1947, and that the union had violated its duty of fair representation, they requested injunctive relief and, inter alia, compensatory damages for lost wages and .....
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..... 3 the ordinance then in effect gave the city council the authority to "permit a variation in the strict application of the provisions and requirements of this chapter ... where the public interest will be best served by permitting such variation." app. 72. 46 ladue's sign ordinance violated her first amendment right ..... states, 326 u. s. 1 , 20 (1945),] and the 'unfettered interchange of ideas,' [roth v. united states, 354 u. s. 476 , 484 (1957),] the first amendment prohibits not only content-based restrictions that censor particular points of view, but also content-neutral restrictions that unduly constrict the opportunities for free expression." 14 ..... general, robert a. marks, attorney general of hawaii, pamela carter, attorney general of indiana, jeffrey r. howard, attorney general of new hampshire, fred devesa, acting attorney general of new jersey, ernest d. preate, jr., attorney general of pennsylvania, and jeffrey l. amestoy, attorney general of vermont; and for the national institute .....
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..... . article 118 of the ucmj describes four types of murder subject to court-martial jurisdiction, two of which are punishable by death: "any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when he- "(1) has a premeditated design to kill; "(2) intends to kill or inflict ..... crown in colonial america, the framers harbored a deep distrust of executive military power and military tribunals. see reid v. covert, 354 u. s. 1 ,23-24 (1957) (plurality); lee v. madigan, 358 u. s. 228 , 232 (1959). it follows, loving says, that the framers intended that congress alone should possess the ..... the president would have inherent power as commander in chief to prescribe aggravating factors in capital cases. once delegated that power by congress, the president, acting in his constitutional office of commander in chief, had undoubted competency to prescribe those factors without further guidance. "the military constitutes a specialized community governed by .....
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..... , and no aggregate limit. fibreboard also claimed that respondent pacific indemnity company had insured it from 1956 to 1957 under a similar policy. app. to pet. for cert. 267a-268a. beginning in 1979, fibreboard was locked in coverage litigation with continental and pacific in ..... compensatory damages each year. id., at 265a; app. 1040a. on the second front, fibreboard was battling for funds to pay its tort claimants. from may 1957 through march 1959, respondent continental casualty company had provided fibreboard with a comprehensive general liability policy with limits of $1 million per occurrence, $500,000 per claim ..... protections for creditors built into the bankruptcy code. we note further that congress in the bankruptcy reform act of 1994, pub. l. 103-394, 111(a), amended the bankruptcy code to enable a debtor in a chapter 11 reorganization in certain circumstances to establish a trust toward which the debtor may channel future asbestos- .....
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