Court : US Supreme Court
..... compare ginsberg v. new york, 390 u. s. 629 (1968) (upholding ban on sale of pornographic magazines to minors), with but ler v. michigan, 352 u. s. 380 (1957) (invalidating ban on all books unfit for minors); see also denver area ed. telecommunications consortium, inc. v. fcc, 518 u. s. 727 , 737-753 (1996) (plurality ..... . s. 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. s. 844 ..... obscene on the basis of its appeal to them"), with butler v. michigan, 352 u. s. 380 , 381 (1957) (rejecting blanket ban of material "'tending to incite minors to violent or depraved or immoral acts, manifestly tending to the corruption of the morals of youth'" (quoting then mich. penal code 343)). each of these cases .....
Tag this Judgment!Court : US Supreme Court
..... services. cleveland v. united states , 531 u. s. 12 , 19 20 (2000). in full, the honest-services statute stated: for the purposes of th[e] chapter [of the united states code that prohibits, inter alia , mail fraud, 1341, and wire fraud, 1343], the term scheme or artifice to defraud includes a scheme or ..... 680 f. 2d 352 (1982), which imposes duties quite different from those of a trustee.[ footnote 1 ] see restatement (second) of agency 377 398 (1957). this indeterminacy does not disappear if one assumes that the pre- mcnally cases developed a federal, common-law fiduciary duty; the duty remained hopelessly undefined. some courts ..... acquit skilling on nine relatively minor insider trading charges confirms its impartiality. this argument, however, mistakes partiality with bad faith or blind vindictiveness. jurors who act in good faith and sincerely believe in their own fairness may nevertheless harbor disqualifying prejudices. such jurors may well acquit where evidence is wholly lacking, while .....
Tag this Judgment!Court : US Supreme Court
..... a. v. v. st. paul , 505 u. s. 377 , 382 383 (1992)). these limited areas such as obscenity, roth v. united states , 354 u. s. 476 , 483 (1957), incitement, brandenburg v. ohio , 395 u. s. 444 , 447 449 (1969) (per curiam) , and fighting words, chaplinsky v. new hampshire , 315 u. s. 568 , 572 (1942 ..... purveyors of video games for disfavored treatment at least when compared to booksellers, cartoonists, and movie producers and has given no persuasive reason why. the act is also seriously underinclusive in another respect and a respect that renders irrelevant the contentions of the concurrence and the dissents that video games are qualitatively ..... psychological studies purporting to show a connection between exposure to violent video games and harmful effects on children do not prove that such exposure causes minors to act aggressively. any demonstrated effects are both small and indistinguishable from effects produced by other media. since california has declined to restrict those other media, e .....
Tag this Judgment!Court : US Supreme Court
..... : any person who wilfully or maliciously burns any building or other real property, or the contents thereof, other than those specified in the next preceding section of this chapter, the property of himself or another, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 10 years. 2 in other ..... resources, might wear down the defendant so that even though innocent he may be found guilty, ibid. (quoting green v. united states, 355 u. s. 184, 188 (1957) ). and retrial following an acquittal would upset a defendant s ex- pectation of repose, for it would subject him to additional embarrassment, expense and ordeal while compelling him ..... as a defense, and a court decides the government ha[s] failed to come forward with sufficient proof of [the defendant s] capacity to be responsible for criminal acts, the defendant has been acquitted because the court decided that criminal culpability ha[s] not been established. 437 u. s., at 10. lack of insanity was not .....
Tag this Judgment!Court : US Supreme Court
..... 1945); o'brien v. papas, 49 n.y.s.2d 521 (sup.ct.1944); taxicab drivers' local union no. 889 v. pittman, 322 p.2d 159 (okl.1957); international printing pressmen & assistants' union of north america v. smith, 145 tex. 399, 198 s.w.2d 729 (1946); leo v. local union no. 612 of ..... inapposite, and the ungoverned self-regulation became more and more obviously inadequate, with acceleratingly grave consequences. this impotency ultimately led to the enactment of the 1934 act. the house committee report summed up the long-developing problem in discussing the general purposes of the bill: "the fundamental fact behind the necessity for this ..... telephone connections which were essential to the conduct of their businesses. the members applied to the exchange, as required by its rules promulgated under the securities exchange act of 1934, for approval of the connections. temporary approval was granted and the connections were established; but, without prior notice to petitioners, the applications were .....
Tag this Judgment!Court : US Supreme Court
..... "upon the evidence, the order of the board was reasonable." id. at 117, 180 n.w.2d at 3. see wis.stat.ann. 62.13(5)(h) (1957). there is no comparable statutory provision giving teachers the right to review this standard. finally, to impose a "reasonableness" requirement, or any other test that looks to evaluation ..... board of the otherwise unremarkable power the wisconsin legislature has given it only if the board's prior involvement in negotiating with the teachers means that it cannot act consistently with due process. c due process, as this court has repeatedly held, is a term that "negates any concept of inflexible procedures universally applicable to ..... second question involves the application of expertise by the parole authority in making a prediction as to the ability of the individual to live in society without committing antisocial acts. this part of the decision, too, depends on facts, and therefore it is important for the board to know not only that some violation was committed, .....
Tag this Judgment!Court : US Supreme Court
..... the catch of fraser river salmon should be equally divided between canadian and american fishermen. convention of may 26, 1930, 50 stat. 1355, as amended by [1957] 8 u.s.t. 1058. to implement this agreement, the two governments established the international pacific salmon fisheries commission (ipsfc). each year, that commission proposes ..... been the intention of congress that indians should be excluded from their ancient fisheries," he noted that "no condition to this effect was inserted in the donation act," and therefore recommended the question "should be set at rest by law." report of governor stevens to the commissioner of indian affairs, app. 327. viewed ..... been the intention of congress that indians should be excluded from their ancient fisheries; but, as no condition to this effect was inserted in the donation act, the question has been raised whether persons taking claims, including such fisheries, do not possess the right of monopolizing. it is therefore desirable that this .....
Tag this Judgment!Court : US Supreme Court
..... barracks or mess halls: they would be dead before nightfall. it was operated with a barbarous methodology -- brutally efficient -- and such camps surely fill one of the darkest chapters in the annals of human existence, certainly the darkest in that which we call western civilization." 455 f.supp. 893, 901, n. 12 (sd fla.1978). [ ..... visa obtained through a material misrepresentation was not valid. see, e.g., ablett v. brownell, 99 u.s.app.d.c. 387, 391, 240 f.2d 625, 629 (1957); united states ex rel. jankowski v. shaughnessy, 186 f.2d 580, 582 (ca2 1951). section 10 of the dpa, 62 stat. 1013, provided that "all immigration laws, ..... also did not disclose his wartime service as a concentration camp guard. the government thereafter brought this denaturalization action under 340(a) of the immigration and nationality act of 1952, which requires revocation of united states citizenship that was "illegally procured" or "procured by concealment of a material fact or by willful misrepresentation." the .....
Tag this Judgment!Court : US Supreme Court
..... injunction in a case involving or growing out of a labor dispute, except in a strict conformity with the provisions of this chapter." 29 u.s.c. 101. section 4 enumerates specific acts that shall not be subject to any restraining order or injunction; these include: "(a) ceasing or refusing to perform any work ..... duty that is merely inferred from the language and structure of the rla. in trainmen v. chicago r. & i. r. co., 353 u. s. 30 (1957) ( chicago river ), for example, the court held that federal courts may enjoin a strike over a minor dispute in order to enforce compliance with 3 first of the ..... small railroad that is a subsidiary of guilford transportation industries, inc. (guilford), which also owns other railroads. after exhausting the settlement procedures mandated by the railway labor act (rla), bmwe instituted a lawful strike against the guilford railroads. bmwe later extended its picketing to other railroads (including petitioners) with which guilford interchanged traffic. in .....
Tag this Judgment!Court : US Supreme Court
..... ii) (1991).1 1 the regulation further provides: "(iii) factors to be considered. only those aliens who upon application under 109.1(b) of this chapter establish compelling reasons for granting employment authorization may be authorized to accept employment. among the factors which may be considered when an application is made, are the ..... of appeals relied on two cases in which we have interpreted similarly broad language in this statutory scheme: united states v. witkovich, 353 u. s. 194 (1957), and carlson v. landon, 342 u. s. 524 (1952). in witkovich, we considered the scope of the attorney general's statutory authority to require deportable ..... to the nation. the attorney general's discretion 194 sanctioned in carlson was wholly consistent with congress' intent: "detention [was] part of [the internal security act]. otherwise aliens arrested for deportation would have opportunities to hurt the united states during the pendency of deportation proceedings." 342 u. s., at 538. thus, the .....
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