Court : US Supreme Court
Decided on : Apr-17-1967
..... determination whether the "will not handle" sentence of rule 17 and its enforcement violated 8(e) and 8(b)(4)(b) cannot be made without an inquiry into whether, under all the surrounding circumstances, [ footnote 38 ] the union's objective was preservation of work for frouge's employees, or whether the ..... it aimed to restrict the area of industrial conflict insofar as this could be achieved by prohibiting the most obvious, widespread, and, as congress evidently judged, dangerous practice of unions to widen that conflict: the coercion of neutral employers, themselves not concerned with a primary labor dispute, through the inducement ..... and characterized the latter as preserving "the established distinction between primary activities and secondary boycotts." but the "established distinction" embodied in the taft-hartley act and recognized by the courts classified product boycotts as secondary, and illegal. the floor debates show that both proponents and opponents of the landrum-griffin .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1967
..... security provision in the contract under which a substantial minority of the employees may have been forced into membership." 358 f.2d at 660. but the relevant inquiry here is not what motivated a member's full membership, but whether the taft-hartley amendments prohibited disciplinary measures against a full member who crossed his union' ..... the court of appeals for the seventh circuit, a panel of that court upheld the board's decision. following a rehearing en banc, however, the court, three judges dissenting, withdrew the panel opinion, held that the locals' conduct violated 8(b)(1)(a), and remanded to the board for appropriate proceedings. 358 f.2d 656 ..... [ footnote 30 ] however, page 388 u. s. 193 even were there evidence that congress shared this concern, [ footnote 31 ]this would not justify reading the act also to bar court enforcement of reasonable fines. [ footnote 32 ] the 1959 landrum-griffin amendments, thought to be the first comprehensive regulation by congress of the conduct of .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1967
..... in order to make a judgment as to whether the restraint is or is not "reasonable" in the special sense in which 1 of the sherman act must be read for purposes of this type of inquiry. chicago board of trade v. united states, 246 u. s. 231 , 246 u. s. 238 (1918); standard oil co. v. ..... it was indeed "good business practice," we should not quarrel with schwinn's eloquent submission or the finding of the trial court. but our inquiry cannot stop at that point. our inquiry is whether, assuming nonpredatory motives and business purposes and the incentive of profit and volume considerations, the effect upon competition in the marketplace is ..... there is often serious question whether the latter conduct involves the "contract, combination . . . or conspiracy" required by 1 of the sherman act, 26 stat. 209, as amended, 15 u.s.c. 1. the district judge in this case refused to find that the relevant conduct of schwinn and its distributors amounted to a "contract," "combination" or "conspiracy." .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-22-1967
..... mercy of counsel's ability to marshall and deploy horrible examples which logic may accommodate, but the reality of administration would repel. our training as lawyers and judges, our respect for the administrative process, and our awareness of the complexities of life should warn us not to fall into the trap of abstract, generalized, ..... and destructive in its implications as illustrated by the present application. as will appear, i believe that this approach improperly and unwisely gives individual federal district judges a roving commission to halt the regulatory process, and to do so on the basis of abstractions and generalities instead of concrete fact situations, and that ..... in ewing, 339 u.s. at 339 u. s. 599 , a case under the federal food, drug, and cosmetic act, the court held "it is not a requirement of due process that there be judicial inquiry before discretion can be exercised. it is sufficient, where only property rights are concerned, that there is at some stage an .....
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 : 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 : 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 : 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-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 : 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 .....
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