Court : US Supreme Court
Decided on : Jun-11-1973
..... .1971), violates the due process clause of the fourteenth amendment, the judgment of the district court is affirmed. it is so ordered. [ footnote 1 ] section 122 of that act provides that "the board of trustees of the university of connecticut shall fix fees for tuition of not less than three hundred fifty dollars for residents of this ..... issue in the case before us. what is at issue here is connecticut's statutory definition of residents and nonresidents for purposes of the above provision. section 126(a)(2) of public act no. 5, amending 1329(b), provides that an unmarried student shall be classified as a nonresident, or "out of state," student if his ..... "new." moreover, 126 would not always operate to effectuate the state's asserted interest. for it is not at all clear that the conclusive presumption required by that section prevents only "new" residents, rather than "established" page 412 u. s. 450 residents, from obtaining the lower tuition rates. for example, a student whose parents .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-14-1973
..... a comprehensive opinion, the court of appeals found it unnecessary to reach the hearing issue, since it found that the commission "lacks jurisdiction under section 15 of the shipping act, 1916, to approve arrangements of the type involved here, which do not require the continued existence or participation of the parties in such arrangements ..... however, the commission issued a summary order denying the request for an investigation and approving the agreement. the commission held that, "[w]hile section 15 of the shipping act, 1916, requires notice and opportunity for hearing, prior to agreement approval, there is no requirement of law that the mere filing of a protest ..... federal maritime commission [ footnote 1 ] page 411 u. s. 727 every agreement within specified categories reached with any other person subject to the act. the section further empowers the commission to disapprove, cancel, or modify any such agreement which it finds to be unjustly discriminatory, to the detriment of the .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-07-1973
..... the witnesses against him, and to have all testimony taken down by a stenographer. [ footnote 4 ] some of the charges leveled against the named optometrists are covered by sections of the alabama optometry statute other than 206, e.g., "practicing optometry under a false name" ( 191), "unlawfully soliciting the sale of glasses" ( 203), etc. ..... in which appears any untruthful, impossible, or improbable or misleading statement or statements, or anything calculated or intended to mislead or deceive the public." [ footnote 3 ] section 206, insofar as relevant here, provides as follows: " 206. license may be suspended or revoked. -- a license issued to any person may be suspended for a ..... the laws covering the practice of medicine of this state, or the doing or performing of any acts in his profession declared by the alabama optometric association to be unethical or contrary to good practice." the section also provides for a hearing before the board upon due notice of an accused license holder. at .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-27-1973
..... much to tribal ski resorts as it does to fishing enterprises. see organized village of kake, supra. the enabling act for new mexico, 36 stat. 557, [ footnote 4 ] reflects the distinction between on- and off-reservation activities. section 2 of the act provides that the people of the state disclaim "all right and title" to lands "owned or held by ..... there remains to be considered the scope of the immunity specifically afforded by 5 of the indian reorganization act. 25 u.s.c. 465. a section 465 provides, in part, that "any lands or rights acquired" pursuant to any provision of the act "shall be taken in the name of the united states in trust for the indian tribe or ..... be taxed by the state without the consent of congress. congress, by 5 of the act, has made the "lands or rights" acquired for the tribe exempt from state and local taxation. section 5, indeed, states that "lands or rights" acquired under the 1934 act shall be held "in trust for the indian tribe or individual indian for which the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-05-1973
..... the actual expenses of travel at the lowest first-class rate available at the time of reservation for passage, by means of transportation employed: provided further, that this section shall not apply to alaska." "when a witness is detained in prison for want of security for his appearance, he shall be entitled, in addition to his ..... , c. 80, 3, 10 stat. 167. in 1926, congress eliminated the specific provision for compensation to detained witnesses and raised the per diem compensation for attendance in court. act of apr. 26, 1926, c. 183, 1-3, 44 stat. 323-324. in the following two decades, congress changed the level of compensation, but did not specifically ..... u. s. 177 , 216 u. s. 193 (modification of bridge page 410 u. s. 589 obstructing river); united states v. hobbs, 450 f.2d 935 (selective service act); united states v. dillon, 346 f.2d 633, 635 (representation of indigents by court-appointed attorney); roodenko v. united states, 147 f.2d 752, 754 (alternative service for conscientious .....
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-17-1973
..... (b). there is no explicit provision which makes "interference" by a union with the right of an employee to "refrain" from union activities an unfair labor practice. section 8(c), however, provides: "the expressing of any views, argument, or opinion, or the dissemination thereof, whether, in written, printed, graphic, or visual form ..... with such regulations as may be prescribed by the board --" "(a) by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees (i) wish to be represented for collective bargaining and that their employer declines to recognize their ..... conducted an election by secret ballot among the production and maintenance employees of respondent at the request of the mechanics educational society of america (hereafter union). under the act, [ footnote 2 ] the union, if it wins the election, becomes "the exclusive representative of all the employees" in that particular unit for purposes of .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-25-1973
..... could not be sustained absent a "compelling governmental interest." id. at 394 u. s. 631 , 394 u. s. 634 . [ footnote 2/1 ] section 3(e) of the food stamp act provides in relevant part: "the term 'household' shall mean a group of related individuals (including legally adopted children and legally assigned foster children) or non-related ..... april 23, 1973 decided june 25, 1973 413 u.s. 528 appeal from the united states district court for the district of columbia syllabus section 3(e) of the food stamp act of 1964, as amended in 1971, generally excludes from participation in the food stamp program any household containing an individual who is unrelated to ..... "it shall also mean (i) a single individual living alone who purchases and prepares food for home consumption, or (ii) an elderly person as defined in this section, and his spouse." [ footnote 4 ] appellees also argued that the regulations themselves were invalid because beyond the scope of the authority conferred upon the secretary by the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-21-1973
..... similar, multiple segregative causes in school districts throughout the country, the court persists in a distinction whose duality operates unfairly on local communities in one section of the country and on minority children in the others. the second issue relates to the ambiguities of swann and the judicial disregard of legitimate ..... school population in the park hill area and heightened sensitivity on the part of the community to the problems raised by integration and segregation. the allegedly discriminatory acts with respect to the "core area" schools -- new manual high school, cole junior high school, morey junior high school, and boulevard and columbine ..... negro communities and, in effect, to merge school attendance zones with segregated residential patterns. see brief for petitioners 883. yet findings even on such similar acts will, under the de jure/de facto distinction, continue to differ, especially since the court has never made clear what suffices to establish the requisite .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-21-1973
..... of helping afdc recipients return to gainful employment. we do not resolve, however, the question of whether some particular sections of the work rules might contravene the specific provisions of the federal social security act. this last question we remand to the court below. that court did not have the opportunity to consider the ..... case for federal preemption is not persuasive. pp. 413 u. s. 421 -422. 2. the question of whether some particular sections of the work rules might contravene the specific provisions of the social security act is not resolved, but is remanded to the district court for consideration. pp. 413 u. s. 422 423. 348 f.supp ..... the class of persons eligible for assistance. [ footnote 2/5 ] appellants argue that "the provision of section 602(a)(10) that aid be furnished 'to all eligible individuals,' when read within the context of the social security act, means individuals 'eligible' under state requirements, not federal." reply brief for appellant n.y. state depts. .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-14-1973
..... his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. . . ." section 704(a) of the civil rights act of 1964, 42 u.s.c. 2000e-3(a), in pertinent part provides: "it shall be an unlawful employment practice for an employer to discriminate ..... 's admitted participation in the unlawful "stall-in," we find it unnecessary to resolve the contradictory contentions surrounding this "lock-in." [ footnote 4 ] section 703(a)(1) of the civil rights act of 1964, 42 u.s.c. 2000e-2(a)(1), in pertinent part provides: "it shall be an unlawful employment practice for an employer . ..... an applicant or employee on account of his participation in legitimate civil rights activities or protests, while the latter section deals with the broader and centrally page 411 u. s. 800 important question under the act of whether, for any reason, a racially discriminatory employment decision has been made. moreover, respondent should have .....
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