Court : US Supreme Court
Decided on : Jun-27-1960
..... the basic consideration in these cases is whether there are present any overriding reasons for not accepting evidence concededly relevant to a federal judicial inquiry regarding a violation of federal law. overriding public considerations are reflected in the exclusion from evidence of the narrow classes of privileged communications, in ..... long before the court established that the fourteenth amendment protects the security of one's privacy against arbitrary intrusion by state officers, mr. justice (then judge) cardozo perceived a basic incongruity in a rule which excludes evidence unlawfully obtained by federal officers, but admits in the same court evidence unlawfully obtained by ..... search unlawful and granted the motion to suppress. the state indictment was subsequently dismissed. during the course of these state proceedings, federal officers, acting under a federal search warrant, obtained the articles from the safe deposit box of a local bank where the state officials had placed them. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... particular area from arbitration -- "matters which are strictly a function of management." because the arbitration promise is different, the scope of the court's inquiry may be broader. here, a court may be required to examine the substantive provisions of the contract to ascertain whether the parties have provided that ..... particularly underscored that the arbitral process in collective bargaining presupposes that the parties wanted the informed judgment of an arbitrator, precisely for the reason that judges cannot provide it. therefore, a court asked to enforce a promise to arbitrate should ordinarily refrain from involving itself in the interpretation of the substantive ..... every claim, meritorious or frivolous, which the complainant bases upon the contract. the objection that equity will not order a party to do a useless act is outweighed by the cathartic value of arbitrating even a frivolous grievance, and by the dangers of excessive judicial intervention." mr. justice brennan, with whom .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-13-1960
..... exception to its coverage for such a risk, although it has pages of small printed type stating its extensions, limitations, exclusions and general conditions. the united states district judge who tried this case, experienced in florida law, not surprisingly paid scant attention to this contention. no case in which we have ever "abstained" from passing on difficult ..... insured property page 363 u. s. 209 by the insured's spouse. [ footnote 1 ] the jury was charged that, if the losses were caused by the deliberate acts of petitioner's wife, they were not therefore excluded from coverage. the jury found for petitioner, and judgment in the amount of $6,800 was entered. the district court ..... awarded a judgment to petitioner after ruling that, (1) under florida law, the losses were not excluded from "all risks" coverage if they were caused by deliberate acts of petitioner's wife, and (2) the suit was not barred by a provision in the policy that suit on any claim for loss must be brought within 12 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1960
..... the original report of the federal bureau of investigation as to his claim -- all in violation of the fifth amendment. the trial judge decided that the administrative procedures of the act were fully complied with, and refused to require the production of such documents. petitioner was found guilty and sentenced to 15 months' ..... significance of the department of justice stage of the proceeding, for it directed that every appeal be referred to the department "for inquiry and hearing," and commanded the department, "after appropriate inquiry," to "hold a hearing with respect to the character and good faith of the objections of the person concerned." an adverse recommendation ..... conscientious objectors. as congress has recognized, one of the most fundamental aspects of our national ethic is a recognition of the worth of the person, acting according to the dictates of his own conscience. and thus it is that, even in formulating legislation deemed to be of prime importance to the very .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-13-1960
..... statute; and if it were applied as a determinative rule of "law," it would force the tribunals trying tax cases involving the donee's liability into elaborate inquiries into the local law of corporations or into the peripheral deductibility of payments as business expenses. the former issue might make the tax tribunals the most frequent investigators ..... deficiency against him for failure to include this amount in his gross income. stanton paid the deficiency and sued in a federal district court for a refund. the trial judge, sitting without a jury, made the simple finding that the payment was a "gift," and entered judgment for stanton. the court of appeals reversed. held: the finding ..... jury. . . ." the last words first came into the statute through an amendment to 1141(a) of the 1939 code in 1948 ( 36 of the judicial code act, 62 stat. 991). the purpose of the 1948 legislation was to remove from the law the favored position (in comparison with district court and court of claims rulings in .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1960
..... thus unseaworthy and one of the crew received damage as the direct result thereof, he was entitled to recover compensatory damages." [ footnote 2/2 ] chief judge magruder has appropriately noted that no previous decision in this court has considered whether liability for unseaworthiness existing at the start of the voyage extends to subsequently arising ..... and therefore entitled to those rights if any which flow from the maritime law and flows [ sic ] from the act of congress." in a memorandum filed almost a month after the trial, the district judge, apparently relying upon the fact that the shipowner had no direct financial interest in the spawn which had been unloaded ..... the carriage of goods by sea act would, of course, bar recovery. the silvia, 171 u. s. 462 . but where, as here, there is neither a claim that the vessel was initially unseaworthy, nor any showing of negligence, the imposition of liability seems to me borrowing from judge magruder, a "hard doctrine," "startlingly opposed .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-28-1960
..... the court accordingly decided that the commission was "without authority to regulate the practices of the [respondent] in soliciting insurance." 262 f.2d 241, 244. judge vogel dissented, stating his belief that it was "impractical and ineffective" to "force the citizens of other states to rely upon nebraska's regulation of the ..... ground, expressions which, the court correctly observes, reflected "a basic motivating policy behind the legislative movement that culminated in the enactment of the mccarran-ferguson act." and since the court very gingerly throws out possible constitutional questions, i think it appropriate to say that the right of nebraska to police its own insurance ..... respondent from making certain statements and representations in its circular letters found by the commission to be misleading and deceptive in violation of the federal trade commission act. 15 u.s.c. 45. the court concluded that, "[w]ith every activity of the [respondent], in the conduct of its business, subject .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-11-1960
..... and who has been cut off from the moral support of friends and relatives is not infrequently an effective technique of terror. thus, the range of inquiry in this type of case must be broad, and this court has insisted that the judgment in each instance be based upon consideration of "the totality of ..... certiorari. [ footnote 4 ] thus was the constitutional issue raised, decided, and presented to this court for review. after according all of the deference to the trial judge's decision which is compatible with our duty to determine constitutional questions, [ footnote 5 ] we are unable to escape the conclusion that blackburn's confession can fairly ..... at 297 u. s. 286 -287. just as in brown, the evidence here clearly establishes that the confession most probably was not the product of any meaningful act of volition. therefore, the use of this evidence to convict blackburn transgressed the imperatives of fundamental justice which find their expression in the due process clause of the fourteenth .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1960
..... perceive any other reason to upset this award. consequently, we affirm with respect to this particular permit. there remains only the question of standing. although the three-judge court concluded that the commission had not exceeded its authority in this case, two members of the court also believed that "there was no showing of actual or ..... page 364 u. s. 14 should not substitute our judgment for the commission's on a matter like this, for "[t]he grounds upon which an administrative order must be judged are those upon which the record discloses that its action was based." securities & exchange commission v. chenery corp., 318 u. s. 80 , 318 u. s. 87 ..... commission acts beyond its statutory authority when, in the public interest, it occasionally departs from the auxiliary and supplementary limitations in a 207 proceeding." 355 u.s. at 355 u. s. 151 -152. these, then, are the guiding principles which have been established by what has gone before and which mark the range of our inquiry in .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1960
..... footnote 2/4 ]" after hearing, the district court granted the motion and ordered the action transferred as requested by the movant, but the district judge, acting under the interlocutory appeals act, 28 u.s.c. 1292(b), "certified that this order involves a controlling question of law as to which there is substantial ground for ..... rem is one essentially against the vessel itself as the debtor or offending thing; and, in such an action, the vessel itself is impleaded as the defendant, seized, judged and sentenced. [ footnote 2/14 ] in rounds v. cloverport foundry & machine co., 237 u. s. 303 , mr. justice hughes, in distinguishing between in ..... action" to vindicate a wrong -- however brought in a court -- presents issues and requires witnesses that make one district court more convenient than another, the trial judge can, after findings, transfer the whole action to the more convenient court. that situation exists here. although the action in new orleans was technically brought against the .....
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