Court : US Supreme Court
..... that, with the permission of the indians inhabiting and entitled to inhabit the said reservation and the government of the united states, the said jesuit fathers have constructed on the said reservation, at great expense, extensive school buildings, with dormitories, and in connection therewith, for the purpose of teaching the said indians the manual ..... by a statement in legal and logical form, such as good pleading requires, that there is a controversy really involving the construction or application of the federal constitution or that the validity or construction of a treaty or statute made under its authority is drawn in question. page 200 u. s. 119 the circuit court ..... of the complaint above set forth to show either the existence of any question involving the construction or application of the federal constitution, or that the constitutionality of any law of the united states, or the validity or construction of any treaty made under its authority, was drawn in question. this must appear .....
Tag this Judgment!Court : UK Supreme Court
..... long established 'value to the owner' principle"; secondly, lord walker's observation (at para 12 of spirerose) that the pointe gourde principle "is essentially concerned with statutory construction . . . not . . . with the meaning of a particular word or phrase which has appeared in a succession of statutes dealing with the same subject-matter, ..... to acquire property and one which regulates property rights between private parties. the whole law of compulsory purchase began and developed with infrastructure projects (first canals, then railways) undertaken by companies in the private sector. the oldest of the statutory formulae was in section 63 of the land clauses consolidation act 1845. it was also ..... cuius est solum, eius est usque ad coelum et ad inferos. the soundness of this brocard as a proposition of law was questioned in commissioner for railways v valuer-general [1974] ac 325. the subject of the appeal was a property in the centre of sydney beneath which there had been extensive .....
Tag this Judgment!Court : US Supreme Court
..... [ footnote 2 ] in this area of the little tennessee river, the tennessee valley authority, a wholly owned public corporation of the united states, began constructing the tellico dam and reservoir project in 1967, shortly after congress appropriated initial funds for its development. [ footnote 3 ] tellico is a multipurpose regional development ..... and generally improve economic conditions in an economically depressed area "characterized by underutilization of human resources and outmigration of young people." [ footnote 2/2 ] construction began in 1967, and congress has voted funds for the project in every year since. in august, 1973, when the tellico project was half completed ..... all "actions" that any federal agency ever may take with respect to any federal project, whether completed or not. the court today embraces this sweeping construction. ante at 437 u. s. 184 -188. under the court's reasoning, the act covers every existing federal installation, including great hydroelectric projects and .....
Tag this Judgment!Court : US Supreme Court
..... to revise its rulings if future experience demonstrates that the wellbeing of patients is in fact jeopardized." 554 f.2d at 481. the authority of the board to modify its construction of the act in light of its cumulative experience is, of course, clear. nlrb v. iron workers, 434 u.s. at 434 u. s. 351 ; nlrb ..... requires that, absent such a showing, solicitation and distribution be permitted in the hospital except in areas where patient care is likely to be disrupted -- is an impermissible construction of the act's policies as applied to the health care industry by the 1974 amendments. even if the legislative history arguably pointed toward a contrary view, the ..... board's construction of the statute's policies would be entitled to considerable deference. nlrb v. iron workers, 434 u. s. 335 , 434 u. s. 350 (1978); nlrb v. weingarten .....
Tag this Judgment!Court : US Supreme Court
..... to control emissions of a hazardous pollutant or pollutants because, in the judgment of the administrator, they cannot or should not be emitted through a conveyance designed and constructed to emit or capture such pollutants." s.rep. no. 95-127, p. 163 (1977). [ footnote 3/23 ] the conference report characterized the original senate ..... the act hardly displays the "thoroughness, in . . . consideration," skidmore, supra at 323 u. s. 140 , which we would expect to find in an administrative construction. mr. justice powell, concurring. if the constitutional validity of 307(b) of the clean air act had been raised by petitioner, i think it would have merited serious ..... provisions of 112(c). [ footnote 5 ] our brother stevens quite correctly points out, post at 434 u. s. 302 , that an administrative " contemporaneous construction'" of a statute is entitled to considerable weight, and it is true that the originally proposed regulations contain, with respect to some uses of asbestos, the sort .....
Tag this Judgment!Court : UK Supreme Court
..... mr hendy positively asserts that all three appellant employers and the interveners were in the same position; that they should all be treated as having the same constructive knowledge (based on the generally available published provisions and materials); and that neither court below based its decision "upon specific evidence of knowledge of incidence of ..... where satisfied that, inter alia, any process was "of such a nature as to cause risk of bodily injury". likewise, when the offices, shops and railways premises bill came before parliament in november 1962 and march 1963, comments were made on the absence of any provision dealing with noise. initially, the minister directed ..... and properly maintained". however, the sections of the act are not exclusive codes in relation to their particular subject matters (see e.g. liptrot v british railways board [1969] 1 ac 136), and it is not axiomatic that there cannot be overlap between the application of two different sections. it seems to me .....
Tag this Judgment!Court : US Supreme Court
..... responsible for changes in the electoral process within a designated state or political subdivision as the equivalent of the state or political subdivision. this construction also accords with congress' understanding, cited by the district court, that the designation of a state would imply the designation of its political ..... in 1965, interpreted 5 as requiring all political units in designated jurisdictions to preclear proposed voting changes. [ footnote 19 ] this contemporaneous administrative construction of the act is persuasive evidence of the original understanding, especially in light of the extensive role the attorney general played in drafting the statute ..... rather is susceptible of a reading that will fully implement the congressional objectives. finally, page 435 u. s. 118 the district court's construction is flatly inconsistent with the attorney general's consistent interpretations of 5 and with the legislative history of its enactment and reenactments. the language, structure .....
Tag this Judgment!Court : US Supreme Court
..... scarcely the sort of congressional approval referred to in zuber, supra. we are extremely hesitant to presume general congressional awareness of the commission's construction based only upon a few isolated statements in the thousands of pages of legislative documents. that language in a committee report, without additional indication ..... these other admittedly more cumbersome remedies which congress has given to it. closely related to the commission's first argument is its second -- its construction furthers the statute's remedial purposes. here, the commission merely asserts that it "has found that the remedial purposes of the statute require successive ..... orders may be entitled to deference, that consideration cannot overcome the clear contrary indications of the statute itself, especially when the commission has not accompanied its administrative construction with a contemporaneous well reasoned explanation of its action. adamo wrecking co. v. united states, 434 u. s. 275 , 434 u. s. 287 .....
Tag this Judgment!Court : US Supreme Court
..... longstanding assumption of our cases and the bankruptcy courts that the equitable proceedings of those courts, adjudicating creditor-debtor disputes, are adjudications concerning "public rights." see northern pipeline construction co. v. marathon pipe line co., 458 u. s. 50 , 458 u. s. 71 (1982); id. at 458 u. s. 91 (rehnquist, j ..... to be sure, we owe some deference to congress' judgment after it has given careful consideration to the constitutionality of a legislative provision. see northern pipeline construction co., 458 u.s. at 458 u. s. 61 (opinion of brennan, j.). but respondent has adduced no evidence that congress considered the constitutional implications ..... bankruptcy trustee's right to recover a fraudulent conveyance is more accurately characterized as a private, rather than a public, right. although the plurality in northern pipeline construction co., supra, at 458 u. s. 71 , noted that the restructuring of debtor-creditor relations in bankruptcy may well be a "public right," it .....
Tag this Judgment!Court : US Supreme Court
..... racial discrimination from federally assisted programs. president kennedy, by executive order, prohibited such discrimination in federally assisted housing, and in employment on federally assisted construction. individual agencies have taken effective action for the programs they administer." id. at 6544. nonetheless, "president after president has announced that national ..... these statutes were enacted, expressly referred to private enforcement actions. [ footnote 3/7 ] furthermore, as in page 441 u. s. 737 the railway labor act cases, congress had provided no alternative means of asserting these rights. thus, the court was presented with the choice between regarding these statutes ..... by 1934 amendments to the act that indicated congressional approval of this step, the court in virginian r. page 441 u. s. 734 co. v. railway employees, 300 u. s. 515 (1937), extended judicial enforcement to the act's requirement that an employer bargain with its employees' authorized representative. finally, .....
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