Court : US Supreme Court
Decided on : Jun-22-1989
..... states that: "all right, title, and interest in property described in [ 853] vests in the united states upon the commission of the act giving rise to forfeiture under this section. any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and ..... in the same house report quoted above, which discussed the newly proposed provision for pretrial restraint on forfeitable assets. the footnote stated that: "nothing in this section is intended to interfere with a person's sixth amendment right to counsel. the committee, therefore, does not resolve the conflict in district court opinions on the ..... harsh, but we have little doubt that it is the one that the statute mandates. section 853(c) states that "[a]ll right, title, and interest in [forfeitable] property . . . vests in the united states upon the commission of the act giving rise to forfeiture." permitting a defendant to use assets for his private purposes that, .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-15-1989
..... narrow circumstances, together convey a message of unmistakable clarity: congress intended that states be liable along with everyone else for cleanup costs recoverable under cercla. section 101(20)(d) is an express acknowledgment of congress' background understanding -- evidenced first in its inclusion of states as "persons" -- that states would ..... statute was designed to be "comprehensive" in nature. 792 f.2d at 381 (summarizing respondent's contention below). but surely the federal employers' liability act ( welch ), the rehabilitation act ( atascadero ), and the flsa ( employees ) were all "comprehensive" statutes in their respective fields, and yet this was not enough to deem ..... established in ex parte young, 209 u. s. 123 (1908), which permits suits against state officials in their official capacities for ultra vires acts, and concluded that the young fiction only applies to prospective grants of relief. if edelman simply involved an application of the limitation on judicial power .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1989
..... the states' power to tax has been preempted, to the plain meaning and legislative history of the statutory provision, and to the structure of the bankruptcy code. section 960 is not a clear expression of an exemption from state taxation. rather, it evinces congress' intention that a state be permitted to tax a bankruptcy estate notwithstanding ..... the various liquidating agencies appointed by the federal courts as to the liability for such taxes. congress has, in the interest of justice or goodwill, by this act directed the trustee to pay rather than litigate these tax claims. by the sweeping terms of this statute, all doubts have been resolved in favor of the state ..... any united states court who is authorized by said court to conduct any business, or who does conduct any business, shall, from and after the enactment of this act, be subject to all state and local taxes applicable to such business the same as if such business were conducted by an individual or corporation: provided, however, .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-21-1989
..... . housing authority of prichard, 704 f.2d 1216 (ca11 1983). [ footnote 5 ] the 12 factors set forth by the johnson court for determining fee awards under section 706(k) of title vii of the civil rights act of 1964, 42 u.s.c. 2000e-5(k) are: (1) the time and labor required; (2) the novelty and difficulty of the questions; (3 ..... forth in 42 u.s.c. 1988 states: ". . . 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, or title vi of the civil rights act of 1964, the court, in its discretion, may allow the prevailing party, other than the united states, a reasonable ..... attorney's fee as part of the costs." the section states that the court "in its discretion" may allow a fee, but that discretion is not .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-23-1989
..... 488 u. s. 579 restraint of the above-described interstate trade and commerce in violation of title 15, united states code, section 1, commonly known as the sherman act." "11. the aforesaid combination and conspiracy consisted of an agreement, understanding and concert of action among the defendants and co-conspirators, ..... of kansas, in unreasonable restraint of the above-described interstate trade and commerce in violation of title 15, united states code, section 1, commonly known as the sherman act." "12. the aforesaid combination and conspiracy consisted of an agreement, understanding and concert of action among the defendants and co-conspirators ..... pleas, respondents were entitled to introduce evidence outside the original record to support their one-conspiracy claim, since, in pleading guilty, they admitted only the acts described in the indictments, not their legal consequences, and that, moreover, since the indictments did not expressly state that the two conspiracies were separate, .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1989
..... regime of "checkerboard" zoning authority in "open" areas of every reservation, but it would require an intrinsically standardless threshold determination as to when a section of a reservation contains sufficient non-indian land holdings to warrant an "open" classification. justice stevens' opinion suggests no benchmark for making this determination, ..... the interest of protecting the tribal community. although, at one time, the tribe's power to exclude was virtually absolute, the general allotment act (dawes act) in some respects diminished tribal authority by providing for the allotment of reservation lands in severalty to resident indians, who were eventually free to ..... sell to nonmembers. while the indian reorganization act repudiated that allotment policy, large portions of reservation lands were conveyed to nonmembers in the interim. to the extent that large portions of reservation .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-21-1989
..... . 524 appeal from the district court of appeal of florida, first district syllabus appellant, the florida star, is a newspaper which publishes a "police reports" section containing brief articles describing local criminal incidents under police investigation. after appellee b.j.f. reported to the sheriff's department (department) that she had been robbed ..... press for its dissemination of information which is already publicly available is relatively unlikely to advance the interests in the service of which the state seeks to act. it is not, of course, always the case that information lawfully acquired by the press is known, or accessible, to others. but where the ..... the short answer to this complaint is that, whatever merit the court's argument might have, it is wholly inapposite here, where the jury found that appellant acted with "reckless indifference towards the rights of others," 2 record 170, a standard far higher than the gertz standard the court urges as a constitutional minimum today .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-21-1989
..... unusual stiffness of these penalties makes in forestalling the production of pornography or the sexual abuse of children, which are often punishable under separate statutes. section 29a's most significant deterrent effect may well be on constitutionally protected conduct. [ footnote 3/5 ] in considering a facial challenge of this kind ..... age, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child to participate or engage in any act that depicts, describes, or represents sexual conduct for the purpose of representation or reproduction in any visual material, or to engage in any live performance involving ..... under state constitution before federal constitutional claim was decided); ditson v. california, 372 u.s. 933 (1963) (petitioner executed before petition for certiorari was acted upon). here, a live dispute remains as to whether the former version of 29a can constitutionally be applied to oakes. thus, we vacate the judgment below .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-30-1989
..... stat. 1026. second, the language of 1(b) does not undermine the conclusion that 1(a) of the jones act extended the coverage of the enabling act's express restrictions as well as of its grant of lands. section 1(b) says that, though the mineral lands may be sold, the rights to mine and remove the minerals themselves ..... sections under page 490 u. s. 629 this act shall be of the same effect as prior grants for the numbered non-mineral sections. " 1(a), 44 stat. 1026 (emphasis added). petitioners make two points about the proper reading of this statute. first, ..... lands granted by the united states in the aid of common or public schools." 44 stat. 1026. the jones act resolved the problem of the dual regime by simply "extend[ing]" the prior grants of lands "to embrace numbered school sections mineral in character." 1, 44 stat. 1026. the statute explicitly stated that "the grant of numbered mineral .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-18-1989
..... conclusion is supported by viewing the reference to vacation benefits not in isolation, but in light of the words that accompany it and give the provision meaning. section 3(1) subjects to erisa regulation plans to provide medical, sickness, accident, disability, and death benefits, training programs, day care centers, scholarship funds, and ..... generally applicable criminal law of a state." [ footnote 6 ] the secretary's payroll practice regulation provides, in part: "(b) payroll practices. for purposes of title i of the act and this chapter, the terms 'employee welfare benefit plan' and 'welfare plan' shall not include -- " " * * * *" "(3) payment of compensation, out of the ..... the employer and under which no separate fund is established will not subject the employer to any filing or disclosure duties under title i of the act. examples of the employer practices that may receive this treatment are payment of overtime pay, vacation pay, shift premiums, sunday premiums, holiday premiums, jury .....
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