Court : US Supreme Court
Decided on : May-16-1960
..... of the writ is no longer relevant, because the function of the writ -- to provide and to facilitate inquiry into the validity of the applicant's claim -- has already been fully served. [ footnote 8 ] the district judge page 362 u. s. 583 ordered that petitioner's application be heard upon affidavits, depositions, and the record ..... there is also some dispute among these authors with respect to the historical significance of the jenkes case. the nature of the abuses which led to passage of the act is clear, however, and, for present purposes, it is immaterial which particular case aroused the greatest public sentiment. [ footnote 14 ] under our habeas corpus statute ..... state's interest in upholding the validity of this conviction is insubstantial. [ footnote 30 ] for example, under 504 of the labor-management reporting and disclosure act of 1959, persons who have been convicted of specified crimes are ineligible to serve for a five-year period in various positions for labor unions or employer .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-07-1960
..... be issued or granted by any justice of the supreme court, or by any district court of the united states, or by any judge thereof, or by any circuit judge acting as district judge, upon the ground of the unconstitutionality of such statute unless the application for the same shall be presented to a justice of the supreme ..... such state in the enforcement or execution of such statute or of an order made by an administrative board or commission acting under state statutes, shall not be granted by any district court or judge thereof upon the ground of the unconstitutionality of such statute unless the application therefor is heard and determined by a ..... claimed that 792 violated the commerce and equal protection clauses of the federal constitution, as well as the federal agricultural marketing agreement act of 1937 and florida avocado order no. 69 issued thereunder. a three-judge district court convened to hear the case dismissed the action, and a direct appeal was taken to this court. held: 1 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-12-1960
..... teachers to disclose every single organization with which he has page 364 u. s. 488 been associated over a five-year period. the scope of the inquiry required by act 10 is completely unlimited. the statute requires a teacher to reveal the church to which he belongs, or to which he has given financial support. it ..... consider that arkansas had the right to pass the statute in question, and therefore conceive it my duty to dissent. the legal framework in which the issue must be judged is clear. the rights of free speech and association embodied in the "liberty" assured against state action by the fourteenth amendment ( see de jonge v. oregon, ..... to which such individual rights must yield. when the action complained of pertains to the realm of investigation, our inquiry has a double aspect: first, whether the investigation relates to a legitimate governmental purpose; second, whether, judged in the light of that purpose, the questioned page 364 u. s. 498 action has substantial relevance thereto. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... that a man be indicted by grand jury is to limit his jeopardy to offenses charged by a group of his fellow citizens acting independently of either prosecuting attorney or judge." this commission has no such guarantee of fairness. its members are not drawn from the neighborhood. the page 363 u. s. ..... organization to all outward seeming engaged in lawful objectives. . . ." ibid. nothing like such characterization can remotely be made regarding the procedure for the proposed inquiry of the commission on civil rights. contrariwise, decisions arising under the due process clause of the fourteenth amendment strongly support the constitutionality of what is here ..... those concerns that are the normal impulse to legislation and the basis for it. to impose upon the commission's investigations the safeguards appropriate to inquiries into individual blameworthiness would be to divert and frustrate its purpose. its investigation would be turned into a forum for the litigation of individual culpability .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... of the grounds specified in 202(n), his old-age benefits were terminated shortly thereafter. he commenced this action in a single-judge district court, under 205(g) of the social security act, to secure judicial review of that administrative decision. the district court held that 202(n) deprived appellee of an accrued property ..... trusted, and political liberty must be restrained." "james madison challenged this latter doctrine. the investigative power of congress over persons, he contended, was limited to inquiry into the conduct of individuals in the public service. 'opinions,' he said, 'are not the subjects of legislation.' start criticizing people for abuse of their ..... page 363 u. s. 637 is ground for the inference of a congressional concern with the administration of the social security program. only after this inquiry would i consider the application of the presumption. the court seems to acknowledge that the statute bears harshly upon the individual disqualified, but states that .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-23-1960
..... witness. appeal may be made to the court under whose aegis the grand jury sits to have the witness ordered to answer the grand jury's inquiries in the judge's physical presence, so that the court's persuasive exertion to induce obedience, and its power summarily to commit for contempt should its authority be ignored ..... resolved not to answer at all, petitioner then might well have insisted that, as summary punishment was to be imposed, the courtroom be opened so that the act of contempt, that is, his definitive refusal to comply with the court's direction to answer the previously propounded questions, and the consequent adjudication and sentence, might ..... to a subpoena, petitioner appeared as a witness before a federal grand jury in the southern district of new york engaged in investigating violations of the interstate commerce act. he was asked six questions relevant to the grand jury's investigation. after consultation with his attorney, who was in an anteroom, he refused to answer them .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... to submit. yet, to be consistent with congressional policy in favor of settlement of disputes by the parties through the machinery of arbitration, the judicial inquiry under 301 must be strictly confined to the question whether the reluctant party did agree to arbitrate the grievance or did agree to give the arbitrator ..... using the arbitration process is primarily to further their common goal of uninterrupted production under the agreement, to make the agreement serve their specialized needs. the ablest judge cannot be expected to bring the same experience and competence to bear upon the determination of a grievance, because he cannot be similarly informed. the congress, ..... however, has, by 301 of the labor management relations act, assigned the courts the duty of determining whether the reluctant party has breached his promise to arbitrate. for arbitration is a matter of contract, and a .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-29-1960
..... beyond his mere declination to sell to a customer who will not observe his announced policy. in the cases decided before beech-nut, the court's inquiry was directed to whether the manufacturer had entered into illicit contracts, express or implied. the district court in this case apparently assumed that the government ..... prices, this countervailing consideration is not present, and therefore he has put together a combination in violation of the sherman act. thus, whether an unlawful combination or conspiracy is proved is to be judged by what the parties actually did, rather than by the words they used. see eastern states retail lumber dealers' ass ..... to particular fact complexes justifying the inference of an agreement in violation of the sherman act. both cases teach that judicial inquiry is not to stop with a search of the record for evidence of purely contractual arrangements. the sherman act forbids combinations of traders to suppress competition. true, there results the same economic .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-25-1960
..... improper treatment, thus aggravating page 361 u. s. 355 his injury, and that respondent was responsible for such negligence. at the close of the case, the trial judge sustained the motion of respondent to strike petitioner's evidence and discharged the jury. on petition for writ of error claiming that the issues should have been presented to ..... than a year. even the "junior brakeman" is shown by his undisputed testimony to have worked at that occupation for respondent for "about a year." moreover, no act -- either of commission or omission -- of those brakemen is shown to have in any way caused or contributed to cause petitioner to slip on and fall from the ..... 361 u. s. 357 -358. judgment reversed and cause remanded. mr. justice clark delivered the opinion of the court. this is a negligence case under the federal employers' liability act, 35 stat. 65, 45 u.s. c. 51. petitioner, an employee of respondent, was injured while shifting various railroad cars on its tracks in and about the ford .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-18-1960
..... find no justification, consistent with the course of adjudication in this court, for upholding state power here, without so much as even suggesting the need for an inquiry as to the extent of federal interest in the activity in question. [ footnote 2/14 ] iv nothing in the wrongful death cases on which the court relies ..... in the hamilton that resort to such statutes would not result in "any lamentable lack of uniformity" in maritime law. what no lesser authority in admiralty matters than judge addison brown said many years ago in the city of norwalk, 55 f. 98, [ footnote 2/12 ] is highly illuminating. he gave these reasons for permitting ..... wrongful death statute is invoked wholly governs liability. [ footnote 2/2 ] at the same time, the court leaves open the question whether a state wrongful death act might contain "provisions so offensive to traditional principles of maritime law that the admiralty would decline to enforce them," finding that this oregon statute "presents no such problem .....
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