Court : US Supreme Court
Decided on : May-22-1989
..... the jurisdictional issue was unanimous. [ footnote 2/14 ] jurisdiction was asserted on the basis of 303 of the labor management relations act, 1947, which provided: "(a) it shall be unlawful, for the purpose of this section only, in an industry or activity affecting commerce, for any labor organization to engage in any activity or conduct defined as an unfair ..... stevens cites in his dissent, see post at 490 u. s. 560 , n. 6, explicitly rested upon "ancillary" jurisdiction, citing krippendorf v. hyde, 110 u. s. 276 (1884), in support of its holding that "[t]he suit in equity was an exercise of jurisdiction . . . ancillary to that which it had already acquired in the action at law." 123 ..... vested -- for example, when an additional party has a claim upon contested assets within the court's exclusive control, see, e.g., krippendorf v. hyde, 110 u. s. 276 (1884); freeman v. howe, 24 how. 450, 65 u. s. 460 (1861), or when necessary to give effect to the court's judgment, see, e.g., local loan co. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-19-1989
..... rule of civil procedure 54(d) and 28 u.s.c. 1920, which govern the taxation of costs in federal litigation where a cost-shifting statute is not applicable. section 1920 gives the district court discretion to tax certain types of costs against the losing party in any federal litigation. the statute specifically enumerates six categories of expenses which may ..... brought him into court. instead, the award reimburses him for a portion of the expenses he incurred in seeking prospective relief." id. at 437 u. s. 695 , n. 24. section 1988, we noted, fit easily into the page 491 u. s. 279 longstanding practice of awarding "costs" against states, for the statute imposed the award of attorney's fees "as ..... provides in relevant part: "in any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, title ix of public law 92-318 [20 u.s.c. 1681 et seq. ], or title vi of the civil rights act of 1964 [42 u.s.c. 2000d et seq. ], the court, in its discretion, may .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-03-1989
..... 393 f.supp. 719 (wd mich.1973) (discussing custom of extended family and tribe assuming responsibility for care of orphaned children). [ footnote 5 ] section 1911(a) reads in full: "an indian tribe shall have jurisdiction exclusive as to any state over any child custody proceeding involving an indian child who ..... and family service programs." house report, at 8 (footnote omitted). see also 124 cong.rec. 38102 (1978) (remarks of rep. udall) ("[the act] clarifies the allocation of jurisdiction over indian child custody proceedings between indian tribes and the states. more importantly, it establishes minimum federal standards and procedural ..... parental rights termination proceedings, and that this practice caused serious problems for the children, their parents, and their tribes, congress enacted the indian child welfare act of 1978 (icwa), which, inter alia, gives tribal courts exclusive jurisdiction over custody proceedings involving an indian child "who resides or is domiciled within" .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-26-1989
..... ," which "adopted verbatim the language of the english bill of rights." solem v. helm, 463 u. s. 277 , 463 u. s. 285 , n. 10 (1983). section 10 of the english bill of rights of 1689, like our eighth amendment, states that "excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual ..... 464-467. [ footnote 12 ] see 62 selden society, at 467; pleas of the crown for the county of gloucester: a. d. 1221, p. xxxiii (f. maitland ed. 1884) (pleas for gloucester); see generally 1 selden society. [ footnote 13 ] without discussing the complex origins of civil damages in detail, see 2 pollock & maitland 522-525; 62 selden society ..... instruction: "in determining the amount of punitive damages, . . . you may take into account the character of the defendants, their financial standing, and the nature of their acts." app. 81. guidance like this is scarcely better than no guidance at all. i do not suggest that the instruction itself was in error; indeed, it appears to have .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-22-1989
..... rules of bankruptcy procedure, and the federal rules of evidence. meanwhile, the committee on rules of criminal procedure and evidence of the american bar association's criminal justice section recommends deleting "to the defendant" from rule 609(a)(1), thus requiring courts simply to "determin[e] that the probative value of admitting this evidence outweighs its ..... 121 u.s.app.d.c. 151, 156, 348 f.2d 763, 768 (1965) (emphasis in original) (footnote omitted). [ footnote 15 ] section 133(b) of the district of columbia court reform and criminal procedure act of 1970, pub.l. 91-358, 84 stat. 551, d.c.code ann. 14-305(b) (1967 ed., supp. iv 1971), provided in ..... it reaches that conclusion solely through the general proposition that he is of bad character and unworthy of credit." gertz v. fitchburg railroad co., 137 mass. 77, 78 (1884). questions about the relevancy and fairness of such evidence did not abate, see n. 11, infra, and persisted even after enactment in 1975 of the federal rules of .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1989
..... lewis v. united states, 146 u. s. 370 , 146 u. s. 374 (1892) (quoting hopt v. utah, 110 u. s. 574 , 110 u. s. 578 (1884)). see swain v. alabama, 380 u. s. 202 , 380 u. s. 219 (1965) ( voir dire "a necessary part of trial by jury"); see also ricketts v. adamson, ..... avoid an interpretation of a federal statute that engenders constitutional issues if a reasonable alternative interpretation poses no constitutional question. thus it is appropriate to examine the act's overall structure and purpose to determine whether any "additional duties" assigned to a magistrate bear some reasonable relation to the other duties that, because they ..... has not been amended, reads as follows: " an act" " to improve judicial machinery by further defining the jurisdiction" " of united states magistrates, and for other purposes." " be it enacted by the senate and house of representatives of the united states of america in congress assembled, that section 636(b) of title 28, united states code, is amended to read as .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-28-1989
..... rule, stated in 155, that executive interpretations of international agreements are given great weight by courts in the united states or because, as explained in comment a to this section, the courts wish to avoid if possible creating disharmony between the international and the domestic meanings of international agreements." restatement (second) of foreign relations law of the united ..... abra silver mining co. v. united states, 175 u. s. 423 , 175 u. s. 460 (1899); head money cases, 112 u. s. 580 , 112 u. s. 599 (1884). but it is a far cry from all of this to say that the meaning of a treaty can be determined, not by a reservation attached to the president's ..... this proviso was adopted by the senate, there is no evidence that it ever received the sanction or approval of the president. it cannot be considered as a legislative act, since the power to legislate is vested in the president, senate and house of representatives. there is something, too, which shocks the conscience in the idea that a .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-23-1989
..... agreements to which the united states [was] a party at the time of the enactment of this act[,] a foreign state shall be immune from the jurisdiction of the courts of the united states and of the states except as provided in sections 1605 to 1607 of this chapter." the fsia also added 1330(a) to title 28; it provides ..... of action for foreign corporations to recover compensation from foreign states in united states courts. cf. head money cases, 112 u. s. 580 , 112 u. s. 598 -599 (1884); foster v. neilson, 2 pet. 253, 27 u. s. 314 (1829). nor do we see how a foreign state can waive its immunity under 1605(a)(1) by signing ..... the president announced that the united states would henceforth recognize a territorial sea of 12 nautical miles. see presidential proclamation no. 6928, 54 fed.reg. 777 (1989). [ footnote 9 ] section 1605(a)(2) provides, in pertinent part, that foreign states shall not be immune from the jurisdiction of united states courts in cases "in which the action is based . . . .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-26-1989
..... least two racketeering predicates committed within a 10-year period are necessary to establish a rico page 492 u. s. 230 pattern, but implies that two acts may not be sufficient. section 1961(5) thus assumes that there is something to a pattern beyond merely the number of predicates involved. in normal usage, the word "pattern" ..... whatever "pattern" might mean in rico, it assuredly does not mean that, "[w]here congress includes particular language in one section of a statute but omits it in another section of the same act, it is generally presumed that congress acts intentionally and purposely in the disparate inclusion or exclusion." russello v. united states, 464 u. s. 16 , 464 u ..... c. 3575(e), which defined the term "pattern of conduct which was criminal" used in a different title of the same act, and instructed them that "[t]his language may be useful in interpreting other sections of the act," 473 u.s. at 473 u. s. 496 , n. 14. thus enlightened, the district courts and courts of appeals .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1989
..... denied or cannot enforce in the courts or judicial tribunals of the state or locality where they may be any of the rights secured to them by the first section of this act; and if any suit or prosecution, civil or criminal, has been or shall be commenced in any state court, against any such person, for any cause whatsoever . . ..... provided an express damages remedy for violation of its provisions nor created any original federal jurisdiction which could support such a remedy against state actors, and that the act's penal section -- the only provision explicitly directed at state officials -- was designed to punish only the official committing a violation and not the municipality itself. two congressional actions subsequent ..... 37 u. s. 624 (1838); pollard v. bailey, 20 wall. 520, 87 u. s. 527 (1874); hayes v. michigan central r. co., 111 u. s. 228 , 111 u. s. 240 (1884); de lima v. bidwell, 182 u. s. 1 , 182 u. s. 176 -177 (1901); texas & n.0. r. co. v. railway clerks, 281 u. s. 548 , 281 u. s .....
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