Court : US Supreme Court
..... . by kenneth s. geller, eileen penner, and thomas a. gottschalk; for human rights advocates et al. by constance de la vega; for the massachusetts institute of technology et al. by donald b. ayer, elizabeth rees, debra l. zumwalt, and stacey j. mobley; for the national asian pacific american legal consortium et ..... violated petitioners' "rights to nondiscriminatory treatment," an injunction prohibiting respondents from "continuing to discriminate on the basis of race in violation of the fourteenth amendment," and an order requiring the lsa to offer hamacher admission as a transfer student.4 id., at 40. the district court granted petitioners' motion ..... point bonus without consideration of the particular background, experiences, or 23 we have explained that discrimination that violates the equal protection clause of the fourteenth amendment committed by an institution that accepts federal funds also constitutes a violation of title vi. see alexander v. sandoval, 532 u. s. 275 , 281 (2001); .....
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..... 128, p. 16 (hereinafter jt. tr. stip.). second, pursuant to the library services and technology act (lsta), 110 stat. 3009-295, as amended, 20 u. s. c. 9101 et seq., the institute of museum and library services makes grants to state library administrative agencies to "electronically lin[k] libraries ..... with educational, social, or information services," "assis[t] libraries in accessing information through electronic networks," and "pa[y] costs for libraries to acquire or share computer systems and telecommunications technologies ..... . 238 238 united states v. american library assn., inc. souter, j., dissenting gloss on first amendment standards, allowing for blocking out anything unsuitable for adults. institutional history of public libraries in america discloses an evolution toward a general rule, now firmly rooted, that any .....
Tag this Judgment!Court : US Supreme Court
..... through modes and mechanisms that must be allowed to change in response to the demands of an interested public. as communities have grown and technology has evolved, concerted speech not only has become more effective than a single voice but also has become the natural preference and efficacious choice ..... feca 315, impose unconstitutional editorial control upon candidates and their campaigns. the paul plaintiffs argue that by imposing economic burdens upon them, but not upon the institutional media, see 2 u. s. c. 431(9)(b)(i) (exempting any news story, commentary, or editorial distributed through the facilities of any ..... acceptable alternative. to the extent 201 requires advance disclosure, it finds no justification in its subordinating interests and imposes greater burdens than the first amendment permits. section 212, another disclosure provision, likewise incorporates an advance disclosure requirement. the plaintiffs challenge only this advance disclosure requirement, and not the .....
Tag this Judgment!Court : US Supreme Court
..... more strongly, as a group, than they do younger workers, including questions of health, educational attainment, and technological change. id. , at 11 14.[ footnote 1 ] in addition, the report assessed institutional arrangements such as seniority rules, workers compensation laws, and pension plans which, though intended to benefit older workers, ..... , which was drafted at congress command that the secretary of labor make specific legislative recommendations for implementing the [wirtz report s] conclusions, fair labor standards amendments of 1966, 606, 80 stat. 845. see also general dynamics , 540 u. s., at 589 ( [t]he adea begins with statements of ..... valid disparate-impact claim, we affirm. ii during the deliberations that preceded the enactment of the civil rights act of 1964, congress considered and rejected proposed amendments that would have included older workers among the classes protected from employment discrimination.[ footnote 2 ] general dynamics land systems, inc. v. cline, 540 u .....
Tag this Judgment!Court : US Supreme Court
..... clause, the court cites brown&nbhyph;forman distillers corp. v. new york state liquor authority, 476 u. s. 573 (1986), and healy v. beer institute, 491 u. s. 324 (1989). ante , at 24 25. at issue in those cases was the constitutionality of protectionist legislation that controlled the price ..... can also be achieved through the alternative of an evenhanded licensing requirement. ftc report 40 41. finally, it should be noted that improvements in technology have eased the burden of monitoring out-of-state wineries. background checks can be done electronically. financial records and sales data can be mailed, faxed ..... the difference between discrimination against manufacturers (and therefore, their products) and discrimination against wholesalers and retailers is difficult to understand. the pre-twenty-first amendment nondiscrimination principle enshrined in this court s negative commerce clause cases could not have prohibited discrimination against the producers of out-of-state goods, while .....
Tag this Judgment!Court : US Supreme Court
..... the science of climate change, p. 4. footnote 15 alliance for sustainable communities; applied power technologies, inc.; bio fuels america; the california solar energy industries assn.; clements environmental corp.; environmental advocates; environmental and energy study institute; friends of the earth; full circle energy project, inc.; the green party of rhode island; ..... as air pollutants. that subsequent congresses have eschewed enacting binding emissions limitations to combat global warming tells us nothing about what congress meant when it amended 202(a)(1) in 1970 and 1977.[ footnote 27 ] and unlike epa, we have no difficulty reconciling congress various efforts to promote ..... substance that is fairly consistent in its concentration throughout the world s atmosphere, 68 fed. reg. 52927 (emphasis added); declined in 1990 to enact proposed amendments to force epa to set carbon dioxide emission standards for motor vehicles, ibid. (citing h. r. 5966, 101st cong., 2d sess. (1990)); .....
Tag this Judgment!Court : US Supreme Court
..... the case. section 760 does not compel respondent s acceptance of unwanted members or otherwise make union membership less attractive. see rumsfeld v. forum for academic and institutional rights, inc. , 547 u. s. 47 , 68 69 (2006). footnote 3 under the national labor relations act, it is generally not an unfair ..... in no. 05 1657, pp. 99a, 105a 107a. respondent s improvident accounting practices do not render 760 unconstitutional. we note as well that, given current technology, it will not likely be burdensome for any nonmember who wishes to do so to provide affirmative authorization for use of his fees for electoral expenditures. for ..... nonmember s agency fees for election-related purposes unless the nonmember affirmatively consents. the notion that this modest limitation upon an extraordinary benefit violates the first amendment is, to say the least, counterintuitive. respondent concedes that washington could have gone much further, restricting public-sector agency fees to the portion of .....
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..... the act to catch unsuccessful solicitors or fraudulent offerors with no photos to sell; rather, it feared that [t]he mere prospect that the technology exists to create composite or computer-generated depictions that are indistinguishable from depictions of real children will allow defendants who possess images of real children ..... the line between protected and unprotected speech, guaranteeing the suppression of a category of expression previously protected, and reducing recent and carefully considered first amendment precedents to empty shells are heavy prices, not to be paid without a substantial offset, which is missing from this case. hence, my ..... heightened scienter requirements described ante, at 9 10, contain an element of lasciviousness. the dissent argues that the statute impermissibly undermines our first amendment precedents insofar as it covers proposals to transact in constitutionally protected material. it is true that proof that a pornographic but not obscene representation .....
Tag this Judgment!Court : US Supreme Court
..... that [w]hen congress has intended that an agency engage in cost-benefit analysis, it has clearly indicated such intent on the face of the statute. american textile mfrs. institute, inc. v. donovan , 452 u. s. 490 , 510 (1981). accordingly, we should not treat a provision s silence as an implicit source of cost-benefit ..... the dissent s suggestion, see post , at 3 4, our decisions in whitman v. american trucking assns., inc. , 531 u. s. 457 (2001), and american textile mfrs. institute, inc. v. donovan , 452 u. s. 490 (1981), do not undermine this conclusion. in american trucking , we held that the text of 109 of the clean air act ..... , 449 u. s. 64 , 69 70 (1980). (we shall call this the batea test.) subsequent amendment limited application of this standard to toxic and nonconventional pollutants, and for the remainder established a (presumably laxer) test of best conventional-pollutant control technology. 1311(b)(2)(e).[ footnote 6 ] (we shall call this bct. ) finally, 1316 subjected certain .....
Tag this Judgment!Court : US Supreme Court
..... 7 ] see the materials collected in c. 3 of countryman & finman, the lawyer in modern society; joint committee on continuing legal education of american law institute and the american bar association, the problem of a criminal defense 1-46 (1961); stovall, aspects of the advocate's dual responsibility, 22 the alabama lawyer ..... being characterized as critical stages at which the accused has the right to the presence of his counsel. knowledge of the techniques of science and technology is sufficiently available, and the variables in techniques few enough, that the accused has the opportunity for a meaningful confrontation of the government's case ..... of those who had made lineup identifications would be excluded. held: 1. neither the lineup itself nor anything required therein violated respondent's fifth amendment privilege against self-incrimination, since merely exhibiting his person for observation by witnesses and using his voice as an identifying physical characteristic involved no .....
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