Court : US Supreme Court
Decided on : Jun-21-1973
..... reproduced for commercial purposes, congress is not precluded from barring some avenues of illegal importation because avenues exist that are more difficult to regulate. see american power & light co. v. sec, 329 u. s. 90 , 329 u. s. 99 -100 (1946). as this case came to us on the district court's summary dismissal of the forfeiture action, ..... ] to limit and qualify the powers of [the federal] government by excepting out of the grant of power those cases in which the government ought not to act, or to act only in a particular mode." 1 annals of cong. 437. surely no one should argue that the retention by the states of vestiges of established religions after ..... mr. justice brennan, the government conceded it had no evidence to contradict claimant's affidavit and did not "contest the fact that this was a private importation." [ footnote 3 ] act of july 31, 1912, c. 263, 1, 37 stat. 241. [ footnote 4 ] nor can claimant rely on any other sphere of constitutionally protected privacy, such as that .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-18-1973
..... adopt the stance it ordinarily takes with respect to other courts, and thereby may invade "the domain which congress has set aside exclusively for the administrative agency," sec v. chenery page 412 u. s. 809 corp., supra, at 332 u. s. 196 , that is, the choice of particular actions to carry out ..... finding of administrative error, this in fact, relates to the presentation of evidence by the carriers. finally, this litigation involves only claims under the interstate commerce act. subsequent legislation might affect the relation between court and agency, and so the propriety of injunctive relief. whether it does so must be determined by examining that ..... apparent departure from settled commission precedent? because the problem of determining what policies an agency is following, as a prelude to determining whether the agency is acting in accordance with congress' will, is a recurring one, this issue raises general problems of judicial review of agency action. the second question in these .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-04-1973
..... fact, enlarge the railroad's working capital, were used in its business, and produced economic benefits for it, thereby qualifying as contributions to its capital under the cited section of the 1939 code. the three dissenting judges disagreed with this interpretation of brown shoe, and, instead, relied on detroit edison co. v. commissioner, 319 u. ..... of service facilities (primary power lines) that the utility otherwise was not obligated to provide. for its tax years 1936 and 1937, to which the revenue act of 1936, 49 stat. 1648, applied, the utility claimed the full cost of the facilities in its base for computing depreciation. the commissioner disallowed, for depreciation ..... value now sought to be depreciated, and they page 412 u. s. 415 were presumably considered in computing the railroad's maximum 10% liability under the act. in our view, no substantial incremental benefit in terms of the production of income was foreseeable or taken into consideration at the time the facilities were .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-29-1973
..... . in these respects, i agree with the court. but the court goes on to hold "that, where an indian is prosecuted in federal court under the provisions of the act, the act does not require that he be deprived of the protection afforded by an instruction on a lesser included offense. . . ." ante at 412 u. s. 214 . i ..... federal court that are not authorized by statute. [ footnote 14 ] we hold only that, where an indian is prosecuted in federal court under the provisions of the act, the act does not require that he be deprived of the protection afforded by an instruction on a lesser included offense, assuming of course that the evidence warrants such an instruction. ..... .rec. 935 (1885). [ footnote 12 ] in making the most recent amendment to the major crimes act, see n 10, supra, congress neglected to add the offense of assault resulting in serious bodily injury to both of the sections in which the act is now codified. the government concedes that the failure to add this new offense to the list of .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-17-1973
..... the 'keyman' and 'selectors,' system, cause nought to token in their selection of prospective qualifying negro jurymen because of their race and color in violation of section 1863." "(c) that the northern district court has, by its affirmative action taken for the past 20 years, has acquiesced to systematically, purposefully, unlawfully and unconstitutionally ..... a holding that the "key man" system used in mississippi in 1968 was constitutional, but the new act is plainly irrelevant to the question presented by this case. [ footnote 2/4 ] those cases involved discrimination unconstitutional because of the equal protection clause of the ..... are thought to have wide contacts in the community to supply the names of prospective jurors. [ footnote 2/3 ] similarly, the jury selection and service act of 1968, 28 u.s.c. 1861-1869, can be administered in an unconstitutional manner. its adoption might have some bearing on our decision to review .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-27-1973
..... permanente] for medical services to be provided by [permanente] hereunder, [kaiser] shall pay to [permanente] the amounts specified in this article h." " * * * *" " section h-4. provision for savings and retirement program for physicians. " "in the event that [permanente] establishes a savings and retirement plan or other deferred compensation plan approved by [ ..... for a close comparison of the present differences, see grayck, tax qualified retirement plans for professional practitioners: a comparison of the self-employed individuals tax requirement act of 1962 and the professional association, 63 col.l.rev. 415 (1963); note, federal tax policy and retirement benefits -- a new approach, 59 ..... establishing the contemplated page 410 u. s. 444 plan soon was executed by permanente, kaiser, and the bank of america trust and savings association, acting as trustee. under this agreement, kaiser agreed to make payments to the trust at a predetermined rate, initially pegged at 12 cents per health plan .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-21-1973
..... a different treatment within a constitutional framework. we note that the granting of good time credit toward parole eligibility takes into account a prisoner's rehabilitative performance. section 230(2) of the new york correction law authorizes such credit toward the minimum parole date "for good conduct and efficient and willing performance of duties assigned ..... have absolutely nothing. some have a little something." tr. of oral arg. 6. [ footnote 18 ] see n 1, supra. [ footnote 19 ] appellants further note that: "section 260.3 sets forth the criteria for awarding allowances and states: " " (b) in evaluating the amount of allowance to be granted, the statutory criteria ( i.e., good behavior ..... stand as the reduction allowed, unless withheld wholly or partly by the board as punishment, as above provided." moreover, under 230(4) of the act, jail time is not excluded from the computation of a prisoner's maximum good time allowance from the maximum term of an indeterminate sentence. that is .....
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-05-1973
..... f's gross receipts must include amounts paid by the building owner to cover operation and maintenance costs, plus the amount paid as commissions. [ footnote 2/1 ] section 3(r) of the act, 29 u.s.c. 203(r), defines "enterprise" to mean: "the related activities performed (either through unified operation or common control) by any person or ..... with respect to calculating the annual dollar volume of sales in retail and service establishments, and in laundries under the exemptions provided in section 13(a)(2), (3), (4), and (13) of the act. the procedure for making the calculation is set forth in the department's interpretative bulletin [pertaining to retailers of goods and services]. ..... in commerce," 75 stat. 67, 69. but not every enterprise meeting the statutory definition in 3(r) of the act was brought within the act's coverage. section 3(s)(1) prescribed a dollar volume test that limited the act's coverage to those enterprises that had an "annual gross volume of sales of . . . not less than $1 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-19-1973
..... entitlement, including both persons disqualified under the 23-month rule challenged in this case and persons disqualified because they refuse to declare a party affiliation. [ footnote 2/1 ] section 7-44 requires page 414 u. s. 67 a primary voter to declare his party affiliation to the primary judges at the polling place; it further provides that, if ..... he seeks to participate is held." "(e) in cities, villages and incorporated towns having a board of election commissioners only voters registered as provided by article 6 of this act shall be entitled to vote at such primary." "(f) no person shall be entitled to vote at a primary unless he is registered under the provisions of article 4 ..... , 5 or 6 of this act, when his registration is required by any of said articles to entitle him to vote at the election with reference to which the primary is held." [ footnote 2/2 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-25-1973
..... the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." section 6 of the act of august 24, 1912 (37 stat. 555), provides that "the right of persons employed in the civil service of the united states, either individually or collectively ..... such page 413 u. s. 585 a meeting, or taking any part therein, except as a spectator, is prohibited." "19. expression of opinions: although section 9(a) of the act of august 2, 1939 reserves to federal officers and employees the right to express their opinions on all political subjects, officers and employees in the competitive classified ..... part in its management or affairs, and may not represent other members or attempt to influence them by his actions or utterances. ( see secs. 4 and 19.)" "section 6 of the act of august 24, 1912 (37 stat. 555), provides in part -- " " that membership in any society, association, club, or other form of organization of postal .....
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