Court : US Supreme Court
Decided on : Jun-12-1967
..... true are detailed at length in the opinion of mr. justice harlan. suffice it to say that little investigative effort was expended initially, and no additional inquiries were made even after the editors were notified by respondent and his daughter that the account page 388 u. s. 170 to be published was absolutely ..... the punitive damage award, the majority upheld it as stemming from the "enlightened conscience" of the jury as adjusted by the lawful action of the trial judge. it was in "complete accord" with the trial court's determination that the evidence justified the finding "that what the post did was done with reckless ..... justice fortas). [ footnote 2/4 ] ga.code ann. 105-709(6) provides: "privileged communications. -- the following are deemed privileged communications: " " * * * *" "6. comments upon the acts of public men in their public capacity and with reference thereto." this privilege is qualified by ga.code ann. 105-710, which provides: "malicious use of privilege. -- in every case .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-22-1967
..... justified promulgation of the regulation. see wong yang sung v. mcgrath, 339 u. s. 33 , 339 u. s. 47 . this will depend not merely on an inquiry into statutory purpose, but concurrently on an understanding of what types of enforcement problems are encountered by the fda, the need for various sorts of supervision in order to effectuate ..... nevertheless we are not persuaded that the present suit is properly maintainable. in determining whether a challenge to an administrative regulation is ripe for review, a two-fold inquiry must be made: first, to determine whether the issues tendered are appropriate for judicial resolution, and second, to assess the hardship to the parties if judicial relief is ..... possibility. [ footnote 3 ] the statute and regulations are not explicit as to whether review would lie, as judge friendly suggested, 360 f.2d at 687, to a court of appeals under 701(f) and 706(d) of the act, or to a district court as an appeal from the commissioner's "final order," 21 cfr 130.26, .....
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 : Apr-10-1967
..... 59 . such a civil suit is seemingly barred if the right to bring it first accrued more than six years prior to the date of filing the suit. our initial inquiry is, therefore, when the right of the contractor in this case to bring suit in the district court page 386 u. s. 511 first accrued. in our opinion, ..... has decided nager electric co., inc. v. united states, 177 ct.cl. 234, 368 f.2d 847, a unanimous decision by that court supported by an exhaustive opinion by judge davis dealing with the application of the "first accrual" language of 28 u.s.c. 2501 [ footnote 5 ] to both breach and disputes clause claims under the typical ..... contain a provision making final on a question of law the decision of any administrative official, representative, or board." [ footnote 10 ] the committee report on the wunderlich act disaffirms an intention to confer any new rights on the contractor other than the widened scope of review and refers specifically to the six-year statute of limitations barring stale .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-05-1967
..... having concluded that the unincorporated association should be viewed as an entity for purposes of residence under 1391(b), that residence must still be ascertained, an inquiry requiring examination of congressional intent and the interests reflected in coronado and in principles underlying venue limitations. in sperry prods., inc. v. association of american ..... must have approved of assimilating for venue purposes the treatment of unincorporated associations to that of corporations, because such a process of assimilation had been advocated by judge learned hand in sperry prods., inc. v. association of american railroads, 132 f.2d 408, cert. denied, 319 u.s. 744. the narrow ..... must be brought "in the district of which the defendant is an inhabitant, or in any district in which the defendant . . . shall have committed acts of infringement and have a regular and established place of business." [ footnote 2/5 ] none of the parties here have suggested that an unincorporated association's .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-13-1967
..... with admirable promptness during the march, 1964, special criminal session of the superior court of orange county; but, when the jury failed to reach a verdict, the trial judge declared a mistrial and ordered the case continued for the term. several weeks prior to the april, 1965, criminal session of the superior court, the state's solicitor ..... during the session, petitioner, through his attorney, opposed the entry of such an order in open court. the trespass charge, he contended, was abated by the civil rights act of 1964 as construed in hamm v. city of rock hill, 379 u. s. 306 (1964). in spite of petitioner's opposition, the court indicated that it would ..... subject to prosecution at any time in the future at the discretion of the prosecutor. although petitioner objected that the trespass charge was abated by the civil rights act of 1964 and that entry of the nolle prosequi order would violate his federal right to a speedy trial, the trial court, without stated justification, granted the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-11-1967
..... or family expenses." 262 of the internal revenue code of 1954, 26 u.s.c. 262. [ footnote 4 ] after denying the government's motion for a directed verdict, the district judge charged the jury that it would have to "determine under all the facts of this case whether or not" the commissioner's rule was "an arbitrary regulation as applied to ..... respect not here relevant by the revenue act of 1962, 4(b), 76 stat. 976. [ footnote 7 ] because 262 makes "personal, living, or family expenses" nondeductible, see n 3, supra, the taxpayer whose business requires no travel ..... treasury department, in hearings on h.r. 8245 before the senate committee on finance, 67th cong., 1st sess., at 50, 234-235 (1921). accordingly 214(a)(1) of the revenue act of 1921, c. 136, 42 stat. 239, for the first time included that language that later became 162(a)(2). see n 2, supra. the section was amended in a .....
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-11-1967
..... again to be part and parcel of those first amendment rights. basic in this scheme of values is the immunity of beliefs, ideas, and ideology from government inquiry, probing, or surveillance. [ footnote 2/1 ] jefferson expressed the american constitutional theory: "[t]he opinions of men are not the object of civil government ..... u.s.c. 786. prior to hearing thereon, appellants sued in the district court to have the registration provisions declared unconstitutional. a three-judge district court dismissed the complaint for failure to exhaust administrative remedies. held: ordinarily where congress has provided a civil proceeding in which appellants can ..... bypass the board by suing in the district court. [ footnote 2 ] appellants' complaint in the district court alleged that the communist-front registration provisions of the act were unconstitutional. [ footnote 3 ] the complaint also alleged that the "very pendency of these administrative proceedings . . . has resulted and will continue to result .....
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-18-1967
..... of the telephone booth from which the petitioner placed his calls. it is true that the absence of such penetration was at one time thought to foreclose further fourth amendment inquiry, olmstead v. united states, 277 u. s. 438 , 277 u. s. 457 , 277 u. s. 464 , 277 u. s. 466 ; goldman v. united states ..... judicial processes," united states v. jeffers, 342 u. s. 48 , 342 u. s. 51 , and that searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the fourth amendment [ footnote 18 ] -- subject only to a few specifically established and well delineated exceptions. [ footnote 19 ] it ..... , is whether the search and seizure conducted in this case complied with constitutional standards. in that regard, the government's position is that its agents acted in an entirely defensible manner: they did not begin their electronic surveillance until investigation of the petitioner's activities had established a strong probability that he was .....
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-13-1967
..... prepare your defense because i am afraid you or somebody helping you will lie and we won't be able to do anything about it." upon further inquiry, the united states attorney made no suggestion that there was a particular danger that disclosure of the names sought by request number 25 would result in subornation ..... abstract pronouncement on the question whether this fact imposes a more stringent standard for the invocation of mandamus by the government where the allegation is that a district judge has deviated from the federal rules. [ footnote 11 ] petitioner at one point stated to government counsel: "i told you that any time you made a ..... i have never required them to disclose their evidence, but i have required them to identify the people with whom the defendant is supposed to have participated in an illegal act but who were present." we note merely that petitioner was careful to distinguish his practice from requiring the government to produce its evidence or a list of witnesses. in any .....
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