Court : US Supreme Court
Decided on : May-15-1967
..... not merely technical or historical, but, like the hearsay rule, have a sound basis in human experience, they should not be rejected in any judicial inquiry. juvenile court judges in los angeles, tucson, and wisconsin rapids, wisconsin report that they are satisfied with the operation of their courts despite application of unrelaxed rules of evidence ..... children's bureau pub. no. 437-1966, p. 47 (hereinafter cited as standards); new york family court act 721 (1963) (hereinafter cited as n.y.family court act). the court also held that the judge may consider hearsay if it is "of a kind on which reasonable men are accustomed to rely in serious affairs ..... 's protection, and not with his punishment. i do not question that the methods employed in such cases must be consistent with the constitutional obligation to act in accordance with due process, but certainly the fourteenth amendment does not demand that they be constricted by the procedural guarantees devised for ordinary criminal prosecutions. .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-22-1967
..... have already quoted from clinical experts to show what a wide range the term "psychopathic personality" has. another expert [ footnote 4 ] classifies such a person under three headings: acting: (1) inability to withstand tedium, (2) lack of a sense of responsibility, (3) a tendency to "blow up" under pressure, (4) maladjustment to law and ..... the purely legal question of whether the term "psychopathic personality" included homosexuals and if it suffered illegality because of vagueness. ii the legislative history of the act indicates beyond a shadow of a doubt that the congress intended the phrase "psychopathic personality" to include homosexuals such as petitioner. page 387 u. s ..... petitioner's appeal from the page 387 u. s. 119 finding of the special inquiry officer was dismissed by the board of immigration appeals, without opinion, and his petition for review in the court of appeals was dismissed, with one judge dissenting. 363 f.2d 488. it held that the term "psychopathic personality," as .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-11-1967
..... inquiry, or the threat of such inquiry, into whether, in fact, a judge has been unfaithful to his oath of office. thus, it is necessary to protect the guilty as well as the innocent. [ footnote 2/ ..... motive not connected with the public good." gregoire v. biddle, 177 f.2d 579, 581. to deny recovery to a person injured by the ruling of a judge acting for personal gain or out of personal motives would be "monstrous." ibid. but it is argued that absolute immunity is necessary to prevent the chilling effects of a judicial ..... refuses to disperse and move on, or disperse or move on, when ordered so to do by any law enforcement officer of any municipality, or county, in which such act or acts are committed, or by any law enforcement officer of the state of mississippi, or any other authorized person, . . . shall be guilty of disorderly conduct, which is .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-24-1967
..... jury found for continental, and although petitioner failed to move for a directed verdict on the counterclaim before its submission to the jury, the trial judge granted petitioner's motion for judgment notwithstanding the verdict. the court of appeals reversed the judgment notwithstanding the verdict on the counterclaim, and remanded the ..... from surrounding economic circumstances, which would include persistent unprofitable sales below cost and drastic price cuts themselves discriminatory. see rowe, price discrimination under the robinson-patman act 141-150 (1962), commenting on the court's statement in f.t.c. v. anheuser-busch, inc., supra, that "a price reduction below cost ..... down, and, at other times, each of the respondents also bore responsibility for the downward pressure on the price structure. we believe that the act reaches price discrimination that erodes competition as much as it does price discrimination that is intended to have immediate destructive impact. in this case, the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-06-1967
..... a rule to show cause why the union and its officers should not be held in contempt for violating the september 15 order. without explaining precisely what acts violated the order, the judge held the february strike "illegal . . . under the circumstances," found the union in civil contempt, and fined the union $100,000 per day. ..... points in the proceedings, it appeared that the alleged violation consisted of the work stoppage during the last few days of february; but at other times, the inquiry focused upon the union's request for a grievance meeting on february 28 to discuss the latest set-back problem. "why," counsel for the association asked, ..... client." "mr. scanlan: no, i have nothing further, your honor." "the court: the hearing is closed." thus, despite counsel's repeated requests, the district judge steadfastly refused to explain the meaning of the order. when further set-back disputes disrupted work throughout the port of philadelphia in late february, 1966, the district court issued .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-23-1967
..... recommend appointment. an appointment or recommendation for appointment shall constitute a certification by the appointing or page 385 u. s. 620 recommending officer that due inquiry has been made and that he finds no reason to believe that the candidate is disqualified for the appointment. further resolved that this resolution shall become ..... to appellants in holding them constitutional. it is significant that appellees consistently defended the constitutionality of these sections in the courts below. moreover, the three-judge court rendered its decision upon the basis of a "stipulation of fact," paragraph 20 of which recites: "section 3022 incorporates in full by reference and ..... state, shall be removed from such position for the utterance of any treasonable or seditious word or words or the doing of any treasonable or seditious act or acts while holding such position. 3022. elimination of subversive persons from the public school system 1. the board of regents shall adopt, promulgate, and .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-20-1967
..... of the girl and foster is open to the construction that these key witnesses deliberately concealed from the judge, jury, and defense counsel evidence of the girl's promiscuity. [ footnote 6 ] while, under the law of maryland, specific acts of misconduct are inadmissible to impeach a witness' credibility, rau v. state, 133 md. 613, ..... juvenile proceeding) or of the fact that montgomery county police officials knew of such evidence. if a new hearing is held in the state courts, an inquiry into these matters might be deemed appropriate. [ footnote 7 ] the record before us affirmatively demonstrates that both detective collins and mr. kardy, who supervised the ..... by the plurality is bottomed upon materials entirely outside the record before us, furnished to this court after the case was submitted, under the leverage of inquiries put from the bench during the argument. the materials are two pre-indictment police reports, the montgomery county officers' report and the supplementary offense report. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-27-1967
..... routes and channels of trade wherever practicable. in other words, although the icc was directed to draw up a national plan against which it was to judge whether applications for consolidation were in the public interest, the judgment was to be made rather mechanically, and the plan itself was to be designed to ..... the revenue indemnification condition until further order. erie-lackawanna and other railroads filed suit seeking an interlocutory injunction restraining the consummation of the merger. a three-judge court declined to grant the injunction. held: in the light of its findings as to the necessity for interim protection for the three "protected railroads," the ..... of discerning judgment to a wide range of factors, and preclude the position that the purpose of the 1940 act is simply to promote railroad consolidation. [ footnote 2/5 ] the icc has recognized that inquiry into a proposed transaction does not end with the possibilities for increased economics, but extends to "the effect of .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-11-1967
..... disagreement with the second commission's view. it held that "[a]ny relevant evidence must be considered in a section 7 case. . . . the extent to which inquiry may be made into post-merger conditions may well depend on the facts of the case, and, where the evidence is obtained, it should not be ignored." 358 f ..... were essentially conglomerate. but the majority in both cases chose to treat them as horizontal, and thus did not reach the problem of standards for judging conglomerate mergers. see brodley, oligopoly power under the sherman and clayton acts -- from economic theory to legal policy, 19 stan.l.rev. 285, 303-308. [ footnote 2/2 ] thus, the procter memorandum ..... offset by the difficulties encountered in obtaining it. and the post-merger evidence before us in this proceeding is, at best, inconclusive. deciding that 7 inquiry in conglomerate or product extension merger cases should be directed toward reasonably probable changes in market structure does not, however, determine how that .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-05-1967
..... and declined to decide, pending the outcome of greyhound's 60-day offer, the questions of control under 5 of the interstate commerce act or anticompetitive effect under 7 of the clayton act. a three-judge district court sustained the icc order. held: 1. the icc is required, as a general rule, under its duty to determine ..... 5. section 5 not only deals explicitly with problems of control, but it establishes the public interest criteria which the icc is bound to use in making that type of inquiry. for example, the commission must consider "(1) the effect of the proposed transaction upon adequate transportation service to the public; . . . (3) the total fixed ..... period, and because no prejudice to any party's interests could result from the delay. ii we do not agree that congress limited icc consideration under 20a to an inquiry into fiscal manipulation. [ footnote 4 ] even if congress' primary concern was to prevent such manipulation, the broad terms "public interest" and "lawful object" negate .....
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