Court : US Supreme Court
Capitol Square Review and Advisory Bd. v. Pinette - 515 U.S. 753 (1995) OCTOBER TERM, 1994 Syllabus CAPITOL SQUARE REVIEW AND ADVISORY BOARD ET AL. v. PINETTE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 94-780. Argued April 26, 1995-Decided June 29, 1995 Ohio law makes Capitol Square, the statehouse plaza in Columbus, a forum for discussion of public questions and for public activities, and gives petitioner Capitol Square Review and Advisory Board (Board) responsibility for regulating access to the square. To use the square, a group must simply fill out an official application form and meet several speechneutral criteria. Mter the Board denied, on Establishment Clause grounds, the application of respondent Ku Klux Klan to place an unattended cross on the square during the 1993 Christmas season, the Klan filed this suit. The District Court entered an injunction requiring issuance of the requested permit, and the Board permitted the Klan to ...
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..... did not cede authority over all these activities to congress. hamilton, for instance, acknowledged that the federal government could not regulate agriculture and like concerns: "the administration of private justice between the citizens of the same state, the supervision of agriculture and of other concerns of a similar nature, all those things ..... lines are often absent in the latter class of disputes. see county of allegheny v. american civil liberties union, greater pittsburgh chapter, 492 u. s. 573 , 630 (1989) (o'connor, j., concurring in part and concurring in judgment) ("we cannot avoid the obligation ..... riddle, service-led growth: the role of the service sector in world development (1986). w. rorabaugh, the craft apprentice: from franklin to the machine age in america (1986) (rorabaugh). rumberger & daymont, the economic value of academic and vocational training acquired in high school, in youth and the labor ..... without infringing on those zones. yet throughout these areas, school officials would find their own programs for the prohibition of guns in danger of displacement by the federal authority unless the state chooses to enact a parallel rule. this is not a case where the etiquette of federalism has been violated by a ..... . 98-6, pts. 1 and 2 (1983). s. rep. no. 98-151 (1983). education for economic security act, hearings before the subcommittee on education, arts and humanities of the senate committee on labor and human resources, 98th cong., 1st sess. (1983). pub. l. 93-380, .....
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Board of Ed. of Kiryas Joel Village School Dist. v. Grumet - 512 U.S. 687 (1994) OCTOBER TERM, 1993 Syllabus BOARD OF EDUCATION OF KIRYAS JOEL VILLAGE SCHOOL DISTRICT v. GRUMET CERTIORARI TO THE COURT OF APPEALS OF NEW YORK No. 93-517. Argued March 30, 1994-Decided June 27,1994* The New York village of Kiryas Joel is a religious enclave of Satmar Hasidim, practitioners of a strict form of Judaism. Its incorporators intentionally drew its boundaries under the State's general village incorporation law to exclude all but Satmars. The village fell within the Monroe-Woodbury Central School District until a special state statute, 1989 N. Y. Laws, ch. 748, carved out a separate district that follows village lines. Although the statute gives a locally elected school board plenary authority over primary and secondary education in the village, the board currently runs only a special education program for handicapped children; other village children attend private religious schools, which...
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Local 144 Nursing Home Pension Fund v. Demisay - 508 U.S. 581 (1993) OCTOBER TERM, 1992 Syllabus LOCAL 144 NURSING HOME PENSION FUND ET AL. v. DEMISAY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 91-610. Argued January 11, 1993-Decided June 14, 1993 For several years, respondent employers had made contributions to two trust funds (collectively, Greater Funds) on behalf of their employees. In 1984, however, the employers ended their participation in the Greater Funds and agreed, in collective-bargaining agreements with the relevant union, to establish a new set of trust funds (collectively, Southern Funds). To help finance the change between the funds, the employers and other respondents brought an action to compel petitioners, the Greater Funds and their trustees, to transfer to the Southern Funds that portion of the Greater Funds' reserves attributable to respondents' past contributions. Respondents asserted a right to relief under, inte...
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Cipollone v. Liggett Group, Inc. - 505 U.S. 504 (1992) OCTOBER TERM, 1991 Syllabus CIPOLLONE, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF CIPOLLONE v. LIGGETT GROUP, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 90-1038. Argued October 8, 1991-Reargued January 13, 1992Decided June 24, 1992 Section 4 of the Federal Cigarette Labeling and Advertising Act (1965 Act) required a conspicuous label warning of smoking's health hazards to be placed on every package of cigarettes sold in this country, while 5 of that Act, captioned "Preemption," provided: "(a) No statement relating to smoking and health, other than the [ 4] statement ... , shall be required on any cigarette package," and "(b) No [such] statement ... shall be required in the advertising of any cigarettes the packages of which are labeled in conformity with" 4. Section 5(b) was amended by the Public Health Cigarette Smoking Act of 1969 (1969 Act) to specify: "No requirement or...
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Lee v. Weisman - 505 U.S. 577 (1992) OCTOBER TERM, 1991 Syllabus LEE ET AL. v. WEISMAN, PERSONALLY AND AS NEXT FRIEND OF WEISMAN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 90-1014. Argued November 6, 1991-Decided June 24, 1992 Principals of public middle and high schools in Providence, Rhode Island, are permitted to invite members of the clergy to give invocations and benedictions at their schools' graduation ceremonies. Petitioner Lee, a middle school principal, invited a rabbi to offer such prayers at the graduation ceremony for Deborah Weisman's class, gave the rabbi a pamphlet containing guidelines for the composition of public prayers at civic ceremonies, and advised him that the prayers should be nonsectarian. Shortly before the ceremony, the District Court denied the motion of respondent Weisman, Deborah's father, for a temporary restraining order to prohibit school officials from including the prayers in the ceremony. Deborah and her fam...
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International Soc. for Krishna Consciousness, Inc. v. Lee - 505 U.S. 672 (1992) OCTOBER TERM, 1991 Syllabus INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC., ET AL. v. LEE, SUPERINTENDENT OF PORT AUTHORITY POLICE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 91-155. Argued March 25, 1992-Decided June 26,1992 The Port Authority of New York and New Jersey, which owns and operates three major airports in the New York City area and controls certain terminal areas at the airports (hereinafter terminals), adopted a regulation forbidding, inter alia, the repetitive solicitation of money within the terminals. However, solicitation is permitted on the sidewalks outside the terminal buildings. Petitioner International Society for Krishna Consciousness, Inc. (ISKCON), a not-for-profit religious corporation whose members, among other things, solicit funds in public places to support their movement, brought suit seeking declaratory and injunctive relief...
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Freytag v. Commissioner - 501 U.S. 868 (1991) U.S. Supreme Court Freytag v. Commissioner, 501 U.S. 868 (1991) Freytag v. Commissioner No. 90-762 Argued April 23, 1991 Decided June 27, 1991 501 U.S. 868 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus The Chief Judge of the United States Tax Court, an Article I court composed of 19 judges appointed by the President, is authorized to appoint special trial judges, 26 U.S.C. 7443A(a), and to assign to them certain specified proceedings, 7443A(b)(1), (2), and (3), and "any other proceeding which the chief judge may designate," 7443A(b)(4). As to subsection (b)(4) proceedings, the special trial judge may hear the case and prepare proposed findings and an opinion, but the actual decision is rendered by a Tax Court judge, 7443A(c). When petitioners sought review in the Tax Court of determinations of approximately $1.5 billion in federal income tax deficiencies, their cases were assigned to a Tax C...
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Pac. Mut. Life Ins. Co. v. Haslip - 499 U.S. 1 (1991) U.S. Supreme Court Pac. Mut. Life Ins. Co. v. Haslip, 499 U.S. 1 (1991) Pacific Mutual Life Insurance Company v. Haslip No. 89-1279 Argued Oct. 3, 1990 Decided March 4, 1991 No. 89-1279 499 U.S. 1 CERTIORARI TO THE SUPREME COURT OF ALABAMA Syllabus After respondents' health insurance lapsed when one Ruffin, an agent for petitioner insurance company and another, unaffiliated insurance company, misappropriated premiums issued by respondents' employer for payment to the other insurer, respondents filed an action for damages in state court, claiming fraud by Ruffin and seeking to hold petitioner liable on a respondeat superior theory. Following the trial court's charge instructing the jury that it could award punitive damages if, inter alia, it determined there was liability for fraud, the jury, among other things, returned a verdict for respondent Haslip of over $1 million against petitioner and Ruffin, which sum includ...
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Rutan v. Republican Party - 497 U.S. 62 (1990) U.S. Supreme Court Rutan v. Republican Party, 497 U.S. 62 (1990) Rutan v. Republican Party of Illinois Nos. 88-1872, 88-2074 Argued Jan. 16, 1990 Decided June 21, 1990 497 U.S. 62 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus The Illinois Governor issued an executive order instituting a hiring freeze, whereby state officials are prohibited from hiring any employee, filling any vacancy, creating any new position, or taking any similar action without the Governor's "express permission." Petitioners and cross-respondents -- an applicant for employment, employees who had been denied promotions or transfers, and former employees who had not been recalled after layoffs -- brought suit in the District Court, alleging that, by means of the freeze, the Governor was operating a political patronage system; that they had suffered discrimination in state employment because they had not been Republican Par...
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