Court : US Supreme Court
..... of the shackling of a defendant in the context of a grand jury proceeding. it too concluded that deference was required, finding that the appropriate security for the defendant s transport was best left to the officers guarding him. commonwealth v. weber, supra , at 65, 31 a., at 484. footnote 7 see, e.g. , state v. franklin , 97 ..... state , 256 ind. 409, 413, 269 n. e. 2d 374, 376 (1971) ( it would be unrealistic indeed to hold that it was reversible error for jurors to observe the transportation of an inmate of a penal institution through a public hall in a shackled condition ); people v. chacon , 69 cal. 2d 765, 778, 447 p. 2d 106, 115 (1968) ..... shackles that the jury could not see apparently the arrangement used at trial. if there is an exceptional case where the record itself makes clear that there are indisputably good reasons for shackling, it is not this one. the third argument fails to take account of this court s statement in holbrook that shackling is inherently prejudicial. 475 .....
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..... statutory complex at issue its thesis that" '[c]arry' implies personal agency and some degree of possession, whereas 'transport' does not have such a limited connotation and, in addition, implies the movement of goods in bulk over great distances." ante, at 134. looking to provisions congress enacted, one finds that the legislature ..... gazette, july 16, 1996, p. b3 ("only one gun can be turned in per person. guns transported in a vehicle should be locked in the trunk.") (emphasis added in all quotations). 4 the translator of the good book, it appears, bore responsibility for determining whether the servants of ahaziah "carried" his corpse to jerusalem. ..... two? the short answer is that our definition does not equate "carry" and "transport." "carry" implies personal agency and some degree of possession, whereas "transport" does not have such a limited connotation and, in addition, implies the movement of goods in bulk over great distances. see webster's third new international dictionary, at 343 .....
Tag this Judgment!Court : US Supreme Court
..... acts of 1660 that required the shipping of most commodities in english vessels. violations of the acts resulted in the forfeiture of the illegally carried goods as well as the ship that transported them. see generally l. harper, english navigation laws (1939). the statute was construed so that the act of an individual seaman, undertaken without ..... assortment of 89 firearms, 465 u. s. 354 , 364 (1984). the court, however, previously has rejected government's attempt to extend that reasoning to conveyances used to transport illegal liquor. see one 1958 plymouth sedan v. pennsylvania, 380 u. s. 693 , 699 (1965). in that case it noted: "there is nothing even remotely criminal ..... directly to the commission of drug offenses. thus, under 881(a)(4), a conveyance is forfeitable if it is used or intended for use to facilitate the transportation of controlled substances, their raw materials, or the equipment used to manufacture or distribute them. under 881(a)(7), real property is forfeitable if it is .....
Tag this Judgment!Court : US Supreme Court
..... in paragraph (1) or (2). "(4) all conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in paragraph (1) or (2), except that- "(a) no conveyance used by any person as ..... application of the government's submission would result in the forfeiture of property innocently acquired by persons who had been paid with illegal proceeds for providing goods or services to drug traffickers,18 the burden of persuading us that congress intended such an inequitable result is especially heavy. 18 at oral argument the ..... officers of the crown had so bedeviled the colonists. the hated writs of assistance had given customs officials blanket authority to search where they pleased for goods imported in violation of the british tax laws. they were denounced by james otis as 'the worst instrument of arbitrary power, the most destructive of english .....
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..... to truckers, one of which expressly applied to partnerships, and the other of which imposed criminal liability on "whoever" knowingly violated interstate commerce commission regulations on transporting dangerous articles. the issue was whether partnerships could violate the statutes. we noted that the statutes required proof of knowing violations, and that a partnership at ..... see, e. g., eagle associates v. bank of montreal, 926 f.2d 1305 , 1309-1310 (ca2 1991) (criticizing and refusing to follow reeves); jones v. niagara frontier transportation authority, 722 f.2d 20 , 22, n. 3 (ca2 1983) (distinguishing and narrowing holliday's tax services). 203 (ca5 1982) (per curiam) (corporation); in re victor ..... by 1915(a) as an "allegation of poverty." poverty, in its primary sense, is a human condition, to be "[w]anting in material riches or goods; lacking in the comforts of life; needy," webster's new international dictionary 1919 (2d ed. 1942), and it was in just such distinctly human terms that .....
Tag this Judgment!Court : US Supreme Court
..... jurisdictions and ordered to pay restitution to the same victim may seek contribution from one another. there is no general federal right to contribution. northwest airlines, inc. v. transport workers, 451 u. s. 77 97 (1981). nor does the victim point to any clear statutory basis for a right to contribution in these circumstances. she thus suggests ..... the statute enumerates six categories of covered losses. 2259(b)(3). these include certain medical services, 2259(b)(3)(a); physical and occupational therapy, 2259(b)(3)(b); transportation, temporary housing, and child care, 2259(b)(3)(c); lost income, 2259(b)(3)(d); attorney s fees and costs, 2259(b)(3)(e); and a final ..... crime possession of two of amy s images it is not possible to do anything more than pick an arbitrary number for that amount. and arbitrary is not good enough for the criminal law. the court attempts to design a more coherent restitution system, focusing on the defendant s relative role in the causal process that underlies .....
Tag this Judgment!Court : US Supreme Court
..... even in our present circumstances the utmost importance"). iii i concede that the establishment clause currently permits states to channel various forms of assistance to religious schools, for example, transportation costs for students, computers, and secular texts. see everson v. board of ed. of ewing, 330 u. s. 1 (1947); mitchell v. helms, 530 ..... "tax-raised funds to pay the bus fares of parochial school pupils" on regular city buses as part of a general scheme to reimburse the public-transportation costs of children attending both public and private nonprofit schools. 330 u. s., at 17. although the court split, no justice disagreed with the basic ..... "). the argument is particularly misplaced here since "the reasonable observer in the endorsement inquiry must be deemed aware" of the "history and context" underlying a challenged program. good news club v. milford central school, 533 u. s. 98 , 119 (2001) (internal quotation marks omitted). see also capitol square review and advisory bd. v .....
Tag this Judgment!Court : US Supreme Court
..... address and relate to the constitutional violation itself." id., at 281-282. in applying these principles, we have identified "student assignments, ... 'faculty, staff, transportation, extracurricular activities and facilities'" as the most important indicia of a racially segregated school system. board of ed. of oklahoma city public schools v. dowell, 498 ..... judicial intervention in the first instance." 503 u. s., at 491. the ultimate inquiry is "'whether the [constitutional violator] ha[s] complied in good faith with the desegregation decree since it was entered, and whether the vestiges of past discrimination ha[ve] been eliminated to the extent practicable.'" id., ..... both as an obstacle to education as well as to maintaining and attracting non-minority enrollment. further, conditions which impede the creation of a good learning climate, such as heating deficiencies and leaking roofs, reduce the effectiveness of the quality education components contained in this plan"); see also jenkins .....
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..... not white students, from the black schools and white students, not black students, from the white schools). and it used busing to transport the students to their new assignments. the plan provoked considerable local opposition. opponents brought a lawsuit. but eventually a state court found that ..... for diseases, assignments of police officers patrolling predominantly minority-race neighborhoods, efforts to desegregate racially segregated schools, policies that favor minorities when distributing goods or services in short supply, actions that create majority-minority electoral districts, peremptory strikes that remove potential jurors on the basis of race, ..... have the primary responsibility for elucidating, assessing, and solving these problems; courts will have to consider whether the action of school authorities constitutes good faith implementation of the governing constitutional principles ). experience in seattle and louisville is consistent with experience elsewhere. in 1987, the u. s .....
Tag this Judgment!Court : US Supreme Court
..... within the authority of congress to regulate, south dakota argued, because the twenty-first amendment gave the states exclusive power to control the manufacture, transportation, and consumption of alcoholic beverages. the small percentage of highway-construction funds south dakota stood to lose by adhering to 19 as the age ..... market. petitioners minimum coverage brief 33 (emphasis added). that is, the provision directs the manner in which individuals purchase health care services and related goods (directing that they be purchased through insurance) and is therefore a straightforward exercise of the commerce power. the primary problem with this argument is ..... substantially affect interstate commerce. those without insurance consume billions of dollars of health-care products and services each year. see supra, at 5. those goods are produced, sold, and delivered largely by national and regional companies who routinely transact business across state lines. the uninsured also cross state lines to .....
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