Court : US Supreme Court
..... 41 fed.reg. 38815 (1976) (eeoc policy statement on affirmative action programs for state and local government agencies); office of federal contract compliance programs v. priester construction co., no. 78-0fccp-11 (feb. 22, 1983), summarized in ofccp order no. 970a3, reprinted in 2 bna aacm d:9121 (1983). in the view ..... raapo) to incorporate the court of appeals' mandate. raapo also modified the original affirmative action program to accommodate petitioners' claim that economic problems facing the construction industry had made it difficult for them to comply with the court's orders. petitioners were given an additional year to meet the 29% membership ..... 478 u. s. 429 that petitioners had violated municipal fair employment laws, and had frustrated the city's efforts to increase job opportunities for minorities in the construction industry. united states v. local 638, enterprise assn. of steam, hot water, hydraulic sprinkler, pneumatic tube, compressed air, ice machine, air conditioning, and .....
Tag this Judgment!Court : US Supreme Court
..... segregated electoral districts, i can see no reasonable alternative to abandoning our current unfortunate understanding of the act. stare decisis is a powerful concern, especially in the field of statutory construction. see patterson v. mclean credit union, 491 u. s. 164 , 172 (1989). see also fogerty v. fantasy, inc., 510 u. s. 517 , 538 ..... would obtain under an alternative, undiluted norm. see, e. g., id., at 43-51. contrary to the remarkable "legislative history first" method of statutory construction pursued in gingles, however, i had thought it firmly established that the "authoritative source" for legislative intent was the text of the statute passed by both ..... religious partisan." id., at 67. in short, few devices could be better designed to exacerbate racial tensions than the consciously segregated districting system currently being constructed in the name of the voting rights act. as a practical political matter, our drive to segregate political districts by race can only serve to .....
Tag this Judgment!Court : US Supreme Court
..... 1984), because it is not charged with administering that statute, id ., at 844 ( we have long recognized that considerable weight should be accorded to an executive department s construction of a statutory scheme it is entrusted to administer . (emphasis added)); department of treasury v. flra , 837 f. 2d 1163, 1167 (cadc 1988) ( [w ..... the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency s answer is based on a permissible construction of the statute. id. , at 842 843 (footnotes omitted). in making the threshold determination under chevron , a reviewing court should not confine itself to ..... a floor. by adding an additional criterion, the ninth circuit raises that floor and alters the statute s command. read broadly, the ninth circuit s construction would also partially override every federal statute mandating agency action by subjecting such action to the further condition that it not jeopardize listed species. pp. 15 .....
Tag this Judgment!Court : US Supreme Court
..... appellee and the kiwanis club also disposes of appellee's contention that the act is unconstitutionally overbroad. that court's articulated willingness to adopt limiting constructions that would exclude private groups from the act's reach, together with the commonly used and sufficiently precise standards it employed to determine that appellee ..... , and adjusting employment-related grievances, but it may not infringe on associational rights involving ideological or political associations. ibid. we applied this distinction in ellis v. railway clerks, 466 u. s. 435 (1984), decided this term. again, the constitutional inquiry is not qualified by any analysis of governmental interests, and does not ..... cases concerning association with a labor union. a state is free to impose rational regulation of the membership of a labor union representing "the general business needs of employees." railway page 468 u. s. 638 mail assn. v. corsi, 326 u. s. 88 , 326 u. s. 94 (1945) (emphasis added). the state may .....
Tag this Judgment!Court : UK Supreme Court
..... that has occupied almost all of the eight days that this court has devoted to this appeal. i shall call this issue "the construction issue". the construction issue relates to the true construction of a number of policies of insurance against employers' liabilities ("el policies") with similar, but not identical, provisions as to the ..... type liability incurred by employers. 69. ultimately, the present appeals raise the questions how the present employers' liability insurance policies respond as a matter of construction in circumstances within the rule in fairchild and barker. where two contracts are linked, the law will try to read them consistently with each other. this ..... reason or another, such policies would respond to long-tail diseases by reference to the date of exposure, and that this could constitute relevant background to their construction. assuming that, short of a binding usage or estoppel by convention, a practice, if known to or shared by the relevant parties, could in some .....
Tag this Judgment!Court : UK Supreme Court
..... determined. g. the alleged change of practice i summarise the subsidiary and alternative contention of the appellants as follows: that, even if, on a proper construction of the booklet, the revenue did not thereby make the representations for which they have respectively contended, its settled practice over many years was nevertheless to ..... of their status. the latter limb of each of the appellants' alternative contentions is not in dispute. the revenue accepts that, if either the proper construction of the booklet or its settled practice was as they contend, a legitimate expectation arose which requires that their status for tax purposes should be determined ..... the present appeals require the court mainly to construe the guidance in the booklet. for the main contention of the appellants is that, on its proper construction, the guidance contained a more benevolent interpretation of the circumstances in which an individual becomes non-resident and not ordinarily resident in the uk than is .....
Tag this Judgment!Court : US Supreme Court
..... a narrow strip of land west of the missouri and north of the border between north and south dakota. [ footnote 3 ] the treaty called for the construction of schools and the provision of teachers for the education of indian children, the provision of seeds and agricultural instruments to be used in the first four years of ..... any statute of limitations, release, or prior acceptance of partial allowance, to hear, determine, and render judgment upon" certain claims against the united states arising out of a construction contract. special act of feb. 27, 1942, 1, 56 stat. 1122. the court was also directed to determine pope's claims and render judgment upon them according to ..... the question here mooted would have been foreclosed as res judicata. in passing the act, congress must have been well advised of this, and the only possible construction therefore to be put upon it is that congress has therein expressed its desire, so far as the question of interest is concerned, to waive the effect of .....
Tag this Judgment!Court : US Supreme Court
..... possible legislative revision; we disagree with the conclusion that no part of the act may be applied to religious organizations, but leave open questions of construction and validity for further development, including the application of the act to charitable organizations; and we disagree with the conclusion that [appellees] and others ..... considerable, because the record already establishes a prima facie case that the church is a religious organization, [ footnote 2/1 ] and because a strict construction of a statutory exemption for religious organizations is disfavored, and may give rise to constitutional questions. [ footnote 2/2 ] justice rehnquist therefore is plainly wrong ..... arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority page 456 u. s. 246 must be imposed generally." railway express agency, inc. v. new york, 336 u. s. 106 , 336 u. s. 112 (1949) (concurring opinion). since everson v. board of education .....
Tag this Judgment!Court : US Supreme Court
..... increase if they were automatically extended to older workers now forced to retire at an early age. but congress, in passing the adea, included a provision specifically disclaiming a construction of the act which would require that the health and similar benefits received by older workers page 460 u. s. 242 be in all respects identical to those received ..... see id. at 455 u. s. 48 -54. in united transportation union v. long island r. co., 455 u. s. 678 (1982), we unanimously upheld the application of the railway labor act to a state-owned railroad. we reached this conclusion, however, only by finding that operation of the railroad was not one of the state's "constitutionally preserved sovereign ..... 258 u. s. 495 , 258 u. s. 524 -525 (1922), with hopkins v. united states, 171 u. s. 578 , 171 u. s. 592 -598 (1898); virginian r. co. v. railway employees, 300 u. s. 515 , 300 u. s. 557 (1937), with employers' liability cases, 207 u. s. 463 , 207 u. s. 498 (1908); sunshine coal co. v. adkins, 310 u .....
Tag this Judgment!Court : US Supreme Court
..... report on the czma stated that congress intended consistency review to apply at the ocs leasing stage for precisely this reason: "the benefits of this [construction] are significant. first, it fosters consultation between federal and state agencies at the earliest practicable time. this, in turn, enhances the ability of the ..... for instance, the eis states that '[n]ormal offshore operations would have unavoidable effects . . . on the quality of the surrounding water.' pipelaying, drilling, and construction, chronic spills from platforms, and the discharge of treated sewage contribute to the degradation of water quality in the area. a s to commercial fisheries, drilling muds ..... that might come from such an offshore facility." ". . . i believe it is important that the affected states play a meaningful role in the plan to construct such a facility." id. at 14184. but other senators immediately attacked senator boggs' amendment. senator hollings stated: "the amendment . . . goes beyond the .....
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