Court : US Supreme Court
..... 809, 815 (1939); comment, group health plans: some legal and economic aspects, 53 yale l.j. 162, 172 (1943). the 35 state enabling acts governing service benefit health plans reflected the states' agreement that the plans were "a special type of insurance" differing from the stock and mutual companies. rorem ii, ..... national association of insurance commissioners (naic), the organization of state insurance directors which played a major role in drafting the mccarran-ferguson act, [ footnote 2/8 ] was also drafting model state enabling legislation to govern service benefit health plans. proceedings of the naic, 75th sess., 226 (1944); id. 76th sess., 250 (1945). [ ..... was certainly aware of provider agreements, since it drafted model state enabling legislation to govern service benefit health plans. but this association, which played a major role in the drafting of the mccarran-ferguson act, did not include provider agreements in its proposed bill exempting specific practices of insurance .....
Tag this Judgment!Court : US Supreme Court
..... the district court found that the merger of brown's and kinney's manufacturing facilities was economically too insignificant to come within the prohibitions of the clayton act, the government has not appealed from this portion of the lower court's decision. therefore, we have no occasion to express our views with respect to that finding. ..... circuit judge." s.rep. no.362, 68th cong., 1st sess. 3 (1924). (emphasis added.) this generalization was obviously erroneous, since the expediting act provided for direct review in this court of government antitrust cases decided by a single district judge. [ footnote 2/3 ] as the court noted in united states v. e.i. du pont de ..... lessen competition, or to tend to create a monopoly." the complaint sought injunctive relief under 15 of the clayton act, 15 u.s.c. 25, to restrain consummation of the merger. a motion by the government for a preliminary injunction pendente lite was denied, and the companies were permitted to merge provided, however, that their .....
Tag this Judgment!Court : US Supreme Court
..... ones which likely would have reached a different result. 429 would otherwise be liable under the federal tort claims act, 28 u. s. c. 2671 et seq., for personal injury caused by the federal government's negligent failure to warn of the dangers from the release of floodwaters from federal flood control projects." united states ..... that the word "damage" includes personal injury and death, the court also rejected the previously arguable propositions that the federal government's subsequent waiver of sovereign immunity in the federal tort claims act had impliedly repealed 702c; and that the immunity applied only to the flood control on the mississippi river authorized by the ..... 1928 act. 432 holding in james also differs from the less attenuated and more fact-specific position advanced by the government, which would require us to take judicial notice of evidence that the friant division of the central .....
Tag this Judgment!Court : US Supreme Court
..... s. 67 (1972), requires reversal of the judgment of the supreme court of louisiana. [ footnote 3/1 ] the louisiana supreme court held that fuentes did not govern the present case. essentially, that court held that, because the louisiana vendor's privilege is defeated if the vendee alienates the property over which the vendor has the ..... a ground no firmer than a change in our membership invites the popular misconception that this institution is little different from the two political branches of the government. no misconception could do more lasting injury to this court and to the system of law which it is our abiding mission to serve. mr. ..... government is justified in instituting suit in the courts. discretion of any official may be abused. yet it is not a requirement of due process that there be judicial inquiry before discretion can be exercised." 339 u.s. at 339 u. s. 599 . [ footnote 12 ] the approval of a writ of sequestration is not, as petitioner contends, a mere ministerial act .....
Tag this Judgment!Court : US Supreme Court
..... to the complaints of law enforcement officers that the positivity requirement gave commercial narcotics dealers a definite advantage over federal agents. rule 41 is therefore not applicable to searches governed by the more specific narcotic search statutes. [ footnote 11 ] page 416 u. s. 440 the facts of this case must be understood in the context of ..... 523. the court holds, however, that the d.c.code provisions are inapplicable, and that the search is governed by 21 u.s.c. 879(a). that section became effective october 27, 1970, as part of the controlled substances act, 84 stat. 1242, 21 u.s.c. 801 et seq.; it relates to search warrants issued in ..... douglas' opinion amply demonstrates with respect to enactment of the d.c. court reform and criminal procedure act in 1970. ante at 416 u. s. 460 . [ footnote 3/1 ] the strong policy underlying these congressional enactments is clear. as even the government in this case concedes, "searches conducted in the middle of the night . . . involve a .....
Tag this Judgment!Court : US Supreme Court
..... creating "opportunities for racial considerations to influence criminal proceedings." post at 481 u. s. 333 . the dissent contends that, in georgia, "[n]o guidelines govern prosecutorial decisions . . . and [that] georgia provides juries with no list of aggravating and mitigating factors, nor any standard for balancing them against one another." ..... before us could have reflected the jury's rational consideration and rejection of mitigating factors. nor did we require proof that juries had actually acted irrationally in other cases. defendants challenging their death sentences thus never have had to prove that impermissible considerations have actually infected sentencing decisions. ..... nuance of decision cannot be statistically captured, nor can any individual judgment be plumbed with absolute certainty. yet the fact that we must always act without the illumination of complete knowledge cannot induce paralysis when we confront what is literally an issue of life and death. sentencing data, .....
Tag this Judgment!Court : US Supreme Court
..... drawn from precedents under the sixth amendment, which should properly have no bearing on police interrogation. the court's opening contention, that the fifth amendment governs police station confessions, is perhaps not an impermissible extension of the law but it has little to commend itself in the present circumstances. historically, the ..... factors that are irrelevant to just administration of the law, but which, nevertheless, may occasionally affect determinations of the accused's liability or penalty. while government may not be required to relieve the accused of his poverty, it may properly be required to minimize the influence of poverty on its administration of justice ..... officer unless it be made in the immediate presence of a magistrate, shall be proved as against such person." indian evidence act 26. see 1 ramaswami & rajagopalan, law of evidence in india 553-569 (1962). to avoid any continuing effect of police pressure or inducement, the indian supreme court has invalidated a .....
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