Court : US Supreme Court
..... regarding length of administrative delay found in barchi as compared to arnett, see n. 4, supra, are sufficient in my mind to require further factual development. in no other way can the third mathews factor -- "the government's interest, including the function involved and the fiscal and administrative burdens that ..... not by legislative grace, but by constitutional guarantee. while the legislature may elect not to confer a property interest in [public] employment, it may not constitutionally authorize the deprivation of such an interest, once conferred, without appropriate procedural safeguards." arnett v. kennedy, supra, at 416 u. s. 167 (powell, j., ..... on the presumed misrepresentation on the employment form, not on the felony conviction. in fact, ohio law provides that an employee "shall not be disciplined for acts," including criminal convictions, occurring more than two years previously. see ohio admin.code 124-3-04 (1979). petitioner concedes that loudermill's job performance was .....
Tag this Judgment!Court : US Supreme Court
..... he had before fought for and captured, and afterwards voluntarily put themselves within the jurisdiction, precinct and power of an american court. what are the sentiments of learned authors, treating of the law of nations, upon such an occasion 'quae ab hostibus capiuntur, statim capientium siunt; which is to be understood, when the battle is over ..... thereby to prevent disagreeable consequences, it is a doctrine that cannot be universally admitted, for reasons too plain to be insisted on. if it be confined to acts on the high seas, provision has been made by the confederation, in the cases where it was judged necessary. what the rulers of nations desire and stipulate ..... , and the laws of this commonwealth shall require.' the objection made, is, that the present controversy is cognizable at common law. it is manifest from this act, that in framing it, the legislature took into consideration the english statues relating to things done upon the high seas, and particularly the statues of the 13th .....
Tag this Judgment!Court : US Supreme Court
..... name, or that of their principals, as factors and consignees. hen. black. p. 514. where an agent has an interest as well as an authority, he may bring an action in his own name. besides, here is a promise in writing, or declaration that he has the money ready. the ..... 'say, as this is a suit to carry into execution a decree of a court of admiralty, it is a thing which we have no authority to do.' this is an action of the same kind. the goods in possession of the marshall, were in possession of the law and of ..... did not give him any power to sue in his own name: the very term agent implies that he has a mere authority. the act is silent on the subject of suits, and leaves him to the operation page 2 u.s. 174, 175 of common ..... unclaimed shares are to be paid over to the pennsylvania hospital. the marshall is directed to sell and pay over under a penalty, by an act of the 22nd september, 1780. sect. 10. and surely the penalty may be waived, and the plaintiff proceed for the sum due. agents may .....
Tag this Judgment!Court : US Supreme Court
..... passed in any state in pursuance of constitutional authority, it is a law of the whole state acting in its legislative capacity, as are also executive and judiciary acts constitutionally authorized, acts of the whole state in its executive or judiciary capacity, and not the personal acts alone of the individuals, composing those branches ..... of government. the same principles apply as to legislative, executive, or judicial acts of the united states, which are acts of the people of ..... of admiralty in the respective states. that joshua stackpole, a citizen of new hampshire, commander of the armed brigantine called the mcclary, acting under the commission and authority of congress, did, in the month of october, 1777, on the high seas, capture the brigantine susanna as lawful prize. that john .....
Tag this Judgment!Court : US Supreme Court
..... time to inquire, inquiry ought to be made. there is not, however, the least reason for supposing any ignorance in the case. he abetted ballard's authority, such as it was. he acted in support of it, not in opposition to it. it does not appear that he ever questioned it until after his arrival in charleston. it was ..... nations in hostility. even in the case of one enemy against another enemy, therefore, there is no color of justification for any offensive hostile act unless it be authorized page 3 u. s. 161 by some act of the government giving the public constitutional sanction to it. 5. that notwithstanding an apparent contrariety of opinions on this subject, it would be ..... or no prize, and whether the ship was lawfully a prize or not is for some court of the french republic alone to determine, under whose authority ballard and talbot allege they acted, and it is contended that the capture in question being of a dutch ship, and not an american, the united states has no right to decide .....
Tag this Judgment!Court : US Supreme Court
..... extinguish all right in the creditor (as i apprehend they clearly did not), but only sequestered it under the peculiar circumstances stated in the act, the payment in question, under the authority of the act, did not, at that time at least, wholly exonerate the debtor." the words of the enacting clause concerning this subject are as follow ..... extinguish all right in the creditor (as i apprehend they clearly did not), but only sequester it under the peculiar circumstances stated in the act, the payment in question, under the authority of the act, did not, at that time at least, wholly exonerate the debtor. page 3 u. s. 263 1. it being clear that there ..... the legislatures in the respective countries could do away by a repeal or might by subsequent laws enact? if they wanted a further act of legislation grounded not merely on ordinary legislative authority, but upon power to destroy private rights acquired under legislative faith, long since pledged and relied on, very special words were proper .....
Tag this Judgment!Court : US Supreme Court
..... extent, being limited as to places, persons, and things, and this is more properly termed imperfect war; because not solemn, and because those who are authorized to commit hostilities, act under special authority, and can go no further than to the extent of their commission. still, however, it is public war, because it is an external contention by ..... immediate outrage and violence. so far it is unquestionably a partial war; but nevertheless it is a public war, on account of the public authority from which it emanates. there are four acts authorized by our government that are demonstrative a of state of war. a belligerent power has a right, by the law of nations, to search ..... wherever found on the high seas. this suspension of the law of nations, this right of capture and recapture, can only be authorized by an act of the government, which is, in itself, an act of hostility. but still it is a restrained or limited hostility, and there are undoubtedly many rights attached to a general war which .....
Tag this Judgment!Court : US Supreme Court
..... , such insurance to be made at and from philadelphia to havanna, and at and from thence back to this port of philadelphia, and the policies of insurance and authority to recover the same, in case of loss, to remain and be vested in the said joseph donath and company.' 'and the said andres alvarez calderon further covenants ..... which they found their claim, expressly by order of don alvarez calderon. nothing can be clearer than that the plaintiffs, throughout the whole of the transaction of this insurance acted not for themselves, but as the agents of don alvarez calderon. 3d. on the third point there is no difficulty. undoubtedly, the plaintiffs may recover for the partial ..... to protect by their licences, more than has been here conceded to them, has been contested, on the ground, that it would defeat the operation of the prize act. 'the safe conduct of ambassadors will not, i apprehend, be often the subject of consideration here; and still more rarely will it happen, that there will be any .....
Tag this Judgment!Court : US Supreme Court
..... , declared to the defendant that he had private instructions not contained or specified in the said letter of 27 january, 1798, and that those private instructions authorized, among other things, a shipment of the tobacco to be purchased in neutral vessels generally, without confining the same to american vessels. that robert barry saw ..... they were made. that the defendant constantly communicated with menendez during his stay in baltimore on the subject of the said purchases and shipments, and therein acted with his entire approbation and concurrence. that menendez urged the necessity of making the shipments of the tobacco speedily, even if the price should be greater ..... communications of menendez, though not those which decide the opinion of the court, are not absolutely unimportant: they are, "and you will, upon the whole, act for the advantage of the parties interested." to what do these words "upon the whole" refer? unquestionably to the verbal communications as well as to the written .....
Tag this Judgment!Court : US Supreme Court
..... company v. stark 10 u.s. (6 cranch) 268 error to the circuit court of the district of maryland syllabus the agent who makes insurance for his principal has authority to abandon without a formal letter of attorney. if the abandonment be legal, it puts the underwriters completely in the place of the assured, and the agent of the assured ..... subject, if any act of ownership had been exerted by stark himself, such conduct might be construed into a relinquishment of an abandonment which had not been accepted; but as nothing of the kind ..... of the goods, he contracts on behalf of the underwriters, who have become owners, not on behalf of stark, who has ceased to be one. his act is no longer the act of stark, and is not to be considered as an interference on his part which may affect the abandonment. if any particular instructions had been given on this .....
Tag this Judgment!