Court : US Supreme Court
Decided on : Jun-15-1989
..... . it handed down its decision in smith v. robinson, 468 u.s. 992 (1984)," where the court held that " 'the eha repealed the availability of sections 504 [of the rehabilitation act of 1973] and 1983 [of title 42] to individuals seeking a free appropriate public education,' " so that such litigants could no longer obtain attorney's fees. h ..... apply "if the court finds that the state or local educational agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of this section." 20 u.s.c. 1415(e)(4)(g) (1982 ed., supp. v ). in the view of the court of appeals, this amendment represented an express ..... senate conference report tells us, because "[t]he supreme court's decision [in atascadero] misinterpreted congressional intent. such a gap in section 504 coverage was never intended. it would be inequitable for section 504 to mandate state compliance with its provisions and yet deny litigants the right to enforce their rights in federal courts when state .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-15-1989
..... . it handed down its decision in smith v. robinson, " 468 u. s. 992 (1984), where the court held that "'the eha repealed the availability of sections 504 [of the rehabilitation act of 1973] and 1983 [of title 42] to individuals seeking a free appropriate public education,'" so that such litigants could no longer obtain attorney's fees. h.r ..... apply "if the court finds that the state or local educational agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of this section." 20 u.s.c. 1415(e)(4)(g) (1982 ed., supp. v). in the view of the court of appeals, this amendment represented an express ..... conference report tells us, because "[t]he supreme court's decision [in atascadero ] misinterpreted congressional intent. such a gap in section 504 coverage was never intended. it would be inequitable for section 504 to mandate state compliance with its provisions and yet deny litigants the right to enforce their rights in federal courts when state or .....
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 : Jun-19-1989
..... of pay, rules, or working conditions of its employees, as a class, as embodied in agreements except in the manner prescribed in such agreements or in section 6." 2 seventh (emphasis added). stated more simply, the union's position is that, while a dispute over the right to make the change would be ..... the parties to submit their controversy to arbitration." 5 first. participation, however, is voluntary. see aaron, voluntary arbitration of railroad and airline interest disputes, in the railway labor act at fifty: collective bargaining in the railroad and airline industries 129 (c. rehmus ed. 1977). [ footnote 4 ] in the airline industry, also covered by the rla ..... note what the general counsel of the national labor relations board had to say in addressing the somewhat similar question whether, under the national labor relations act, the addition of drug testing to a previously required physical examination constitutes a "substantial change in working conditions:" "in cases where an employer has .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-21-1989
..... threaten such a reaction. " serious offense' occurred," the court admitted, "but there was no breach of peace, nor does the record reflect that the situation was potentially explosive. one cannot equate 'serious offense' with incitement to breach the peace." id. at 96. the court also stressed that another texas statute, tex.penal code ann. 42 ..... is designed instead to protect it only against impairments that would cause serious offense to others. [ footnote 6 ] texas concedes as much: "section 42.09(b) reaches only those severe acts of physical abuse of the flag carried out in a way likely to be offensive. the statute mandates intentional or knowing abuse, that is, ..... mistreat in a way that the actor knows will seriously offend one or more persons likely to observe or discover his action." "(c) an offense under this section is a class a misdemeanor." [ footnote 2 ] because the prosecutor's closing argument observed that johnson had led the protestors in chants denouncing the flag while .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-21-1989
..... interference [than participation of government officials in the aba committee's affairs] would result from the potential application of the 'public inspection' provisions of section 10 of the act." brief for appellee aba 36. the american bar association explains: "disclosure and public access are the rule under faca; the exemptions generally are ..... expanded sense of the word "established," was retained, rather than enlarged, by the conference committee. in the section dealing with faca's range of application, the conference report stated: "the act does not apply to persons or organizations which have contractual relationships with federal agencies nor to advisory committees not ..... themselves supply the basis for imposition of liability." id. at 429 u. s. 141 (citations omitted). gsa's regulatory definition falls into neither category. section 7(c), as set forth in 5 u.s.c.app. 7(c), authorizes the administrator to "prescribe administrative guidelines and management controls applicable to .....
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 : 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 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1989
..... permit applications only for reasons related to the health, safety, or welfare of lakewood citizens. indeed, a presumption that city officials will act in good faith and adhere to standards absent from a regulation's face is "the very presumption that the doctrine forbidding unbridled discretion disallows ..... 447 u. s. 455 , 447 u. s. 471 (1980)), but it is by no means limited to that context, for the government may act to protect even such traditional public forums as city streets and parks from excessive noise. kovacs v. cooper, 336 u.s. at 336 u. s ..... a nobler strain"); musical freedom and why dictators fear it, n.y. times, aug. 23, 1981, section 2, p. 1, col. 5; soviet schizophrenia toward stravinsky, n.y. times, june 26, 1982, section 1, p. 25, col. 2; symphonic voice from china is heard again, n.y. times, ..... oct. 11, 1987, section 2, p. 27, col. 1. the constitution prohibits any like attempts in our own legal order. music, .....
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