Court : US Supreme Court
..... the judgment of congress concerning desirable public policy. bennett v. kentucky dept. of ed., . 22 title i of the elementary and secondary education act of 1965 provided federal grants to finance supplemental educational programs in school districts with high concentrations of children from low-income families. see bennett v. new jersey, 635 (1985) (citing ..... section 5000a(g)(1) s command that the penalty be assessed and collected in the same manner as taxes is best read as referring to those chapters and giving the secretary the same authority and guidance with respect to the penalty. that interpretation is consistent with the remainder of 5000a(g), which instructs ..... at 17. conditions must also be related to the federal interest in particular national projects or programs, massachusetts v. united states, 435 u. s. 444, 461 (1978) , and the conditional grant of federal funds may not induce the states to engage in activities that would themselves be unconstitutional, dole, supra, at 210; see .....
Tag this Judgment!Court : US Supreme Court
..... sought in the courts of the united states." 1 draft 361 (emphasis added). it appears that two jurisdictional provisions were created simply because the revisers elected to write separate chapters for the district and circuit courts. in light of these considerations, the difference in the wording of 563(12) and 629(16) must be ascribed to oversight, page ..... statute unless the application therefor is heard and determined by a district court of three judges under section 2284 of this title." (emphasis added.) [ footnote 32 ] see lynch v. household finance corp., 405 u. s. 538 , 405 u. s. 540 , 405 u. s. 543 ; examining board v. flores de otero, 426 u. s. 572 , 426 u. s. 583 . [ footnote ..... s] for equal rights," in the language of 1343(3). title 42 u.s.c. 1981 and 1982, derived from 1 of the 1866 civil rights act and codified at 1977 and 1978 of the revised statutes, enunciate certain rights and state that they are to be enjoyed on the same basis by all persons. thus, these statutes both secure .....
Tag this Judgment!Court : US Supreme Court
..... is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter;" "(b) there is probable cause for belief that particular communications concerning that offense will be obtained through such interception;" "(c) normal investigative procedures have ..... when these actions will be necessary. see note, covert entry in electronic surveillance: the fourth amendment requirements, 47 ford.l.rev. 203, 214 (1978). nothing in the decisions of this court, however, indicates that officers requesting a warrant would be constitutionally required to set forth the anticipated means for ..... premises was necessary. indeed, a close examination of that history reveals that congress did not explicitly address the question of covert entries in the act, only because it did not perceive surveillance requiring such entries to differ in any important way from that performed without entry. testimony before subcommittees .....
Tag this Judgment!Court : US Supreme Court
..... or without the state file a registration statement with the secretary of state providing information about its purpose and its finances, 103b, and that professional fundraisers register with and be approved by the secretary, 103f. section 103l(a) subjects ..... where it would effectively prevent the organization from raising contributions. respondent is a professional fundraiser whose maryland customers include various chapters of the fraternal order of police, at least one of whom was reluctant to contract with respondent because of ..... regulations. see, e.g., ohralik v. ohio state bar assn., 436 u. s. 447 , 436 u. s. 460 (1978); williamson v. lee optical co., 348 u. s. 483 (1955). of course, a ceiling on the fees charged by professional ..... as a matter of original inquiry question whether an overbreadth challenge should ever be allowed, given that the declaratory judgment act and the availability of preliminary injunctive relief will usually permit a litigant to discover page 467 u. s. 978 the .....
Tag this Judgment!Court : US Supreme Court
..... the remedial use of race." bakke, 438 u.s. at 438 u. s. 353 , n. 28 (opinion of brennan, white, marshall, and blackmun, jj.); see also boston chapter, naacp. inc. v. beecher, 504 f.2d 1017, 1027-1028 (ca1 1974), cert. denied, 421 u.s. 910 (1975); united states v. local no. 212 international ..... increasing nonwhite membership in the apprenticeship program in a variety of ways. in an attempt to encourage nonwhite interest in the apprenticeship program, petitioners were required to finance recruiting efforts at vocational schools and to create summer and part-time sheet metal jobs for qualified vocational students. nonwhite apprentices were provided with tutorial, counseling, and ..... it would not require, or even permit, employers to establish racial quotas for employment in the absence of discrimination of the kind prohibited by the act. . . ." brief for united states and eeoc, o.t. 1978, nos. 78-432, 78-435, and 78-436, pp. 29-30 (citations omitted). the brief concludes that "the last sentence of .....
Tag this Judgment!Court : US Supreme Court
..... to participate in the distribution of the property of the estate. see h.r.rep. no. 95-595, supra, at 180: "[u]nder the liquidation chapters of the [1898] bankruptcy act, certain creditors are not permitted to share in the estate because of the nonprovable nature of their claims, and the debtor is not discharged from those claims. ..... objected page 479 u. s. 48 to discharge under 523(c). although this may be true in many cases, it hardly justifies an interpretation of the 1978 act that is contrary to the long-prevailing view that "fines and penalties are not affected by a discharge," 1a collier on bankruptcy 17.13, p. 1610 (14th ed ..... of the bankruptcy code, fines and penalties were rendered nondischargeable in bankruptcy under a judicially created exception to discharge. the majority contends that "congress enacted the code in 1978 against the background of an established judicial exception to discharge for criminal sentences," ante at 479 u. s. 46 , and that congress should not be deemed to .....
Tag this Judgment!Court : US Supreme Court
..... chose to relax the forfeiture of all the offender's goods." jeffries 154-155. see also boston 725. because of the frequency and sometimes abusive nature of amercements, chapter 20 of magna carta, 9 hen.iii, ch. 14 (1225), prohibited amercements that were disproportionate to the offense or that would deprive the wrongdoer of his means ..... ' . . . has been limited to the protection of individuals." first national bank of boston v. bellotti, 435 u. s. 765 , 435 u. s. 779 , n. 14 (1978). thus, a corporation has no fifth amendment privilege against self-incrimination, wilson v. united states, 221 u. s. 361 (1911), or right to privacy, united states v. morton salt co ..... instruction: "in determining the amount of punitive damages, . . . you may take into account the character of the defendants, their financial standing, and the nature of their acts." app. 81. guidance like this is scarcely better than no guidance at all. i do not suggest that the instruction itself was in error; indeed, it appears to .....
Tag this Judgment!Court : US Supreme Court
..... including the offense of seduction) was repealed. in 1975, article 38.07 was enacted substantially in its present form. as revised, the article covered all sexual offenses in chapter 21 of the texas penal code; however, it contained no express exemption from the corroboration requirement for the testimony of the youngest victims. tex. code crim. proc. ..... with a child), petitioner received concurrent sentences of 20 years. until september 1, 1993, the following statute was in ef- fect in texas: "a conviction under chapter 21, section 22.011, or section 22.021, penal code, is supportable on the uncorroborated testimony of the victim of the sexual offense if the victim informed ..... number, those acts in fact reflected a concern with prior monarchical abuses relating to the specific crime of treason, rather than any vestigial belief that the number of witnesses is a proxy for probative value. id., at 100-101; see also 7 j. wigmore, evidence 2037, pp. 353-354 (j. chadbourn rev. 1978). viii texas .....
Tag this Judgment!Court : US Supreme Court
..... interpretation is not entitled to deference ). the departments of the interior and commerce, not epa, are charged with administering the esa. see babbitt v. sweet home chapter, communities for great ore., 515 u. s., 687, 703 704 (1995). and epa has conceded that the department of the interior s biological opinion did ..... expertise necessary to its enforcement, establishes that we owe some degree of deference to the secretary s reasonable interpretation of the statutory scheme. babbitt v. sweet home chapter, communities for great ore. , 515 u. s. 687 , 703 (1995). but such deference is appropriate only where congress has not directly addressed the ..... beyond doubt that congress intended endangered species to be afforded the highest of priorities. tva v. hill , 437 u. s. 153 , 174 (1978) (emphasis added). indeed, the endangered species act demonstrated a conscious decision by congress to give endangered species priority over the primary missions of federal agencies. id. , at 185. and given a .....
Tag this Judgment!Court : US Supreme Court
..... after notice and opportunity to comment, mandatory nationwide standards governing health and safety in the workplace. 29 u.s.c. 655(a), (b). in 1978, the secretary, acting through the occupational safety and health administration page 452 u. s. 494 (osha,) [ footnote 1 ] promulgated a standard limiting occupational exposure to ..... "1) additional employment requirements." "2) energy consumption." "3) increases in production costs and consequent price increases by affected industries." "4) capital requirements and capital financing problems." "5) competition effects on profit and market structure." "6) inflationary impact on consumers and u.s. economy." "7) employment impact due to the ..... 655(a), provides in pertinent part: "[t]he secretary shall, as soon as practicable during the period beginning with the effective date of this chapter and ending two years after such date, by rule promulgate as an occupational safety or health standard . . . any established federal standard, unless he .....
Tag this Judgment!