Court : US Supreme Court
..... establishing a program of reimbursement for care in intermediate care facilities flowed directly from these fiscal concerns. thus, the senate finance committee report on the social security amendments of 1967, s.rep. no. 744, 90th cong., 1st sess., 188 ..... nursing home care they receive." app.19, 1. the complaint also named as a plaintiff the new york chapter of the gray panthers, an organization that "has among its objectives the development of a health care system for ..... discharges or transfers to a lower level of care presupposes a deprivation of protected property interests. finally, since july, 1978, petitioners have adhered to a policy permitting medicaid patients to refuse urc-recommended transfers to higher levels of care ..... levels of care and corresponding reductions in medicaid benefits were arbitrary, and were caused by improperly constituted urc's that acted without adequate written criteria and failed to afford adequate notice either to the patients or their attending physicians. [ .....
Tag this Judgment!Court : US Supreme Court
..... uswa's highest governing body. at the 1978 convention, several local unions submitted resolutions recommending amendment of the uswa constitution to include an "outsider rule" prohibiting campaign contributions by nonmembers. the union ..... margins. after the elections, union members continued to debate the question whether outsider participation in union campaigns was desirable. this debate was finally resolved in 1978, when uswa held its biennial convention. the convention, which consists of approximately 5,000 delegates elected by members of uswa's local unions, is ..... , filed suit against petitioner in federal district court, claiming that the rule prohibited nonmember contributions to finance campaign-related litigation, and thus violated 101(a)(4) of the labor-management reporting and disclosure act of 1959 (lmrda), which provides that a union may not limit the rights of its members .....
Tag this Judgment!Court : US Supreme Court
..... power to tax. moreover, the severance tax does not conflict with national energy policies. to the contrary, the fact that the natural gas policy act of 1978 includes taxes imposed by an indian tribe in its definition of costs that may be recovered under federal energy pricing regulations indicates that such taxes ..... added). thus, the views of the three federal branches of government, as well as general principles of taxation, confirm that indian tribes enjoy authority to finance their governmental services through taxation of non-indians who benefit from those services. indeed, the conception of indian sovereignty that this court has consistently reaffirmed permits no ..... during the negotiation of the agreement, for that contract contains express stipulations that cattle grazed on rented allotments shall not be liable to any tribal tax (chapter 676, 31 stat. 871, 37), and that" "no noncitizen renting lands from a citizen for agricultural purposes as provided by law, whether such lands .....
Tag this Judgment!Court : US Supreme Court
..... not be excluded, as a matter of federal law, from the case in chief of federal and state criminal prosecutions. in so doing, the court writes another chapter in the volume of fourth amendment law opened by weeks v. united states, 232 u. s. 383 (1914). i join the court's opinion in this ..... , 446 u. s. 629 (1980) (brennan, j., dissenting). [ footnote 2/2 ] see, e.g., wilkey, the exclusionary rule: why suppress valid evidence?, 62 judicature 215 (1978); s. schlesinger, exclusionary injustice (1977). [ footnote 2/3 ] in deciding to enforce the exclusionary rule as a matter of state law, the california supreme court clearly recognized this point: " ..... courts from deciding that question before turning to the good faith issue. [ footnote 26 ] indeed, it frequently will be difficult to determine whether the officers acted reasonably without resolving the fourth amendment issue. even if the fourth amendment question is not one of broad import, reviewing courts could decide in particular cases that .....
Tag this Judgment!Court : US Supreme Court
..... schools of one state. moreover, the district court found, based on extensive evidence before it as well as on the findings in coffey v. state educational finance comm'n, 296 f.supp. 1389 (sd miss.1969), that large numbers of segregated private schools had been established in the state for the purpose of ..... period, the irs reviewed its challenged policies and proposed new revenue procedures to tighten requirements for eligibility for tax-exempt status for private schools. see 43 fed.reg. 37296 (1978); 44 fed.reg. 9451 (1979). [ footnote 15 ] in 1979, however, congress blocked any strengthening page 468 u. s. 748 of the irs guidelines at least ..... '] approach would have the federal courts as virtually continuing monitors of the wisdom and soundness of executive action; such a role is appropriate for the congress, acting through its committees and the 'power of the purse;' it is not the role of the judiciary, absent actual present or immediately threatened injury resulting from unlawful .....
Tag this Judgment!Court : US Supreme Court
..... , n. 8. the portions actually quoted were selected by mr. navasky as among the most powerful passages in those chapters. he testified that he used verbatim excerpts because simply reciting the information could not adequately convey the "absolute certainty with which ..... work of a public figure. absent such protection, there would be little incentive to create or profit in financing such memoirs, and the public would be denied an important source of significant historical information. the promise of ..... brought suit in federal district court against respondent publishers of the nation, alleging, inter alia, violations of the copyright act (act). the district court held that the ford memoirs were protected by copyright at the time of the nation publication, ..... cos., 621 f.2d 57, 60 (ca2 1980). see generally l. seltzer, exemptions and fair use in copyright 18-48 (1978). [ footnote 4 ] see latman 7; strauss, protection of unpublished works (1957), reprinted as study no. 29 in copyright law .....
Tag this Judgment!Court : US Supreme Court
..... decided june 25, 1987 483 u.s. 522 certiorari to the united states court of appeals for the ninth circuit syllabus section 110 of the amateur sports act of 1978 (act) grants respondent united states olympic committee (usoc) the right to prohibit certain commercial and promotional uses of the word "olympic" and various olympic symbols. petitioner san ..... and the financial success of both the usoc and the government. [ footnote 2/15 ] it would certainly be "irony amounting to grave injustice" if, to finance the team that is to represent the virtues of our political system, the usoc were free to employ government-created economic leverage to prohibit political speech. burton, supra ..... the president and congress on the expenditures of funds made available to it by congress, and provide "detailed and comprehensive" descriptions of the programs it expects to finance out of government grant money in the coming year. 36 u.s.c. 382a(b), 384(b). the function of the usoc is obviously and fundamentally .....
Tag this Judgment!Court : US Supreme Court
..... petitioner 27. that section, as amended, provides in pertinent part: "the jurisdiction in civil . . . matters conferred on the district courts by the provisions of this [chapter and title 18], for the protection of all persons in the united states in their civil rights, and for their vindication, shall be exercised and enforced in conformity with ..... a theory of respondeat superior under 1981. the court noted that, in monell v. new york city dept. of social services, 436 u. s. 658 (1978), this court held that congress did not intend municipalities to be subject to vicarious liability for the federal constitutional or statutory violations of their employees. the court of ..... v. richardson, 578 f.2d 846 (ca9), cert. denied, 439 u.s. 1048 (1978). given our repeated recognition that the fourteenth amendment was intended in large part to embody and expand the protections of the 1866 act as against state actors, we believe that the logic of these decisions applies with equal force to petitioner's .....
Tag this Judgment!Court : US Supreme Court
..... carole from answering questions on such matters as "their sexual habits and practices with each other and outside their marriage, their finances, and their thoughts, beliefs, and opinions concerning their relationship with each other and with victoria." id. at 25. yet ..... court finds that the conclusions of all the experts, as disclosed by the evidence based upon blood tests performed pursuant to chapter 2 (commencing with section 890) of division 7 are that the husband is not the father of the child, the ..... relationships with their children. see stanley v. illinois, 405 u. s. 645 (1972); quilloin v. walcott, 434 u. s. 246 (1978); caban v. mohammed, 441 u. s. 380 (1979); and lehr v. robertson, 463 u. s. 248 (1983). though different in ..... defining the scope of the liberty protected by the due process clause to support its reliance on tradition, the plurality acts as though english legal treatises and the american law reports always have provided the sole source for our constitutional principles. .....
Tag this Judgment!Court : US Supreme Court
..... or any employee thereof to fine, suspend, expel, or otherwise discipline any of its members for exercising any right to which he is entitled under the provisions of this chapter. the provisions of section 412 of this title shall be applicable in the enforcement of this section." [ footnote 2/7 ] contemporaneous sources are replete with examples of ..... violation of workers' membership rights." vandeventer v. local union no. 513, int'l union of operating engineers, 579 f.2d 1373, 1378 (ca8 1978); see also etelson & smith, union discipline under the landrum-griffin act, 82 harv.l.rev. 727, 732 (1969) ("since the prime motivation to join a union is concern about one's interests as an ..... 421-422; bricklayers' and stonemasons' int'l union, local no. 8, 235 n.l.r.b. 1001, 1006-l008 (1978). [ footnote 12 ] it was for this reason that the board sought, in its decision in mountain pacific chapter, associated general contractors, 119 n.l.r.b. 883, enf. denied, 270 f.2d 425 (ca9 1959), to require an .....
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