Court : US Supreme Court
Decided on : Jun-19-1974
Parker v. Levy - 417 U.S. 733 (1974) U.S. Supreme Court Parker v. Levy, 417 U.S. 733 (1974) Parker v. Levy No. 73-206 Argued February 20, 1974 Decided June 19, 1974 417 U.S. 733 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Article 90(2) of the Uniform Code of Military Justice (Code) provides for punishment of any person subject to the Code who "willfully disobeys a lawful command of his superior commissioned officer"; Art. 133 punishes a commissioned officer for "conduct unbecoming an officer and a gentleman"; and Art. 134 (the general article) punishes any person subject to the Code for, inter alia, "all disorders and neglects to the prejudice of good order and discipline in the armed forces," though not specifically mentioned in the Code. Appellee, an Army physician assigned to a hospital, was convicted by a general court-martial of violating Art. 90(2) for disobeying the hospital commandant's order to establish a training program for Sp...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-21-1974
Oneida Indian Nation v. County of Oneida - 414 U.S. 661 (1974) U.S. Supreme Court Oneida Indian Nation v. County of Oneida, 414 U.S. 661 (1974) Oneida Indian Nation of New York v. County of Oneida, New York No. 72-851 Argued November 6-7, 1973 Decided January 21, 1974 414 U.S. 661 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Petitioners brought this action for the fair rental value for a specified period of certain land in New York that the Oneidas had ceded to the State in 1795, alleging, inter alia, that the Oneidas had owned and occupied the land from time immemorial to the time of the American Revolution; that, in the 1780's and 1790's, various treaties with the United States had confirmed their right to possession of the land until purchased by the United States; that, in 1790, the treaties had been implemented by the Nonintercourse Act forbidding the conveyance of Indian lands without the United States' consent; and that the 1795 ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-09-1974
Marshall v. United States - 414 U.S. 417 (1974) U.S. Supreme Court Marshall v. United States, 414 U.S. 417 (1974) Marshall v. United States No. 72-5881 Argued October 16-17, 1973 Decided January 9, 1974 414 U.S. 417 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Petitioner, who had three prior felony convictions, moved for commitment as a narcotic addict pursuant to Title II of the Narcotic Addict Rehabilitation Act of 1966 (NARA), following a fourth felony conviction. The District Court held that the NARA's "two prior felony" exclusion precluded the requested commitment, rejecting petitioner's post-sentence motion to vacate his sentence on the ground that the "two prior felony" exclusion violated equal protection as embodied in the Fifth Amendment. The Court of Appeals affirmed. Held: Title II of NARA does not deny due process or equal protection by excluding from rehabilitative commitment, in lieu of penal incarceration, addicts with two...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-04-1974
Teleprompter Corp. v. Columbia Broadcasting - 415 U.S. 394 (1974) U.S. Supreme Court Teleprompter Corp. v. Columbia Broadcasting, 415 U.S. 394 (1974) Teleprompter Corp. v. Columbia Broadcasting System, Inc. No. 72-1628 Argued January 7, 1974 Decided March 4, 1974 * 415 U.S. 394 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Several creators and producers of copyrighted television programs brought this suit claiming that defendants had infringed their copyrights by intercepting broadcast transmissions of copyrighted material and rechanneling these programs through various community antenna television (CATV) systems to paying subscribers. The District Court dismissed the complaint on the ground that the cause of action was barred by this Court's decision in Fortnightly Corp. v. United Artist Television, 392 U. S. 390 . On appeal, the Court of Appeals divided CATV systems into two categories for copyright purposes: (1) those where the broa...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-23-1974
NLRB v. Bell Aerospace Co. - 416 U.S. 267 (1974) U.S. Supreme Court NLRB v. Bell Aerospace Co., 416 U.S. 267 (1974) National Labor Relations Board v. Bell Aerospace Company No. 72-1598 Argued January 14, 1974 Decided April 23, 1974 416 U.S. 267 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus On a petition by a labor union for a representation election, the National Labor Relations Board (NLRB) held that the buyers employed by respondent company constituted an appropriate collective bargaining unit and directed an election. The NLRB stated that, even though the buyers might be "managerial employees," they were nevertheless covered by the National Labor Relations Act (NLRA) in the absence of any showing that union organization of the buyers would create a conflict of interest in labor relations. Subsequently, the buyers voted for the union, and the NLRB certified it as their exclusive bargaining representative. The company refused to bargain, ...
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Decided on : May-13-1974
Kewanee Oil Co. v. Bicron Corp. - 416 U.S. 470 (1974) U.S. Supreme Court Kewanee Oil Co. v. Bicron Corp., 416 U.S. 470 (1974) Kewanee Oil Co. v. Bicron Corp. No. 73-187 Argued January 9, 1974 Decided May 13, 1974 416 U.S. 470 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Harshaw Chemical Co., an unincorporated division of petitioner, over a period of years, developed certain processes in the growth and encapsulation of synthetic crystals and purification of raw materials, some of which processes were considered to be trade secrets; it eventually succeeded for the first time in growing a 17-inch crystal of a type useful in the detection of ionizing radiation. The individual respondents, former employees of Harshaw who. while working there. had signed agreements not to disclose trade secrets obtained as employees, formed or later joined respondent Bicron Corp., which competed with Harshaw in producing crystals; Bicron, soon after its formatio...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-25-1974
Miami Herald Pub. Co. v. Tornillo - 418 U.S. 241 (1974) U.S. Supreme Court Miami Herald Pub. Co. v. Tornillo, 418 U.S. 241 (1974) Miami Herald Publishing Co. v. Tornillo No. 73-797 Argued April 17, 1974 Decided June 25, 1974 418 U.S. 241 APPEAL FROM THE SUPREME COURT OF FLORIDA Syllabus After appellant newspaper had refused to print appellee's replies to editorials critical of appellee's candidacy for state office, appellee brought suit in Florida Circuit Court seeking injunctive and declaratory relief and damages, based on Florida's "right of reply" statute that grants a political candidate a right to equal space to answer criticism and attacks on his record by a newspaper, and making it a misdemeanor for the newspaper to fail to comply. The Circuit Court held the statute unconstitutional as infringing on the freedom of the press, and dismissed the action. The Florida Supreme Court reversed, holding that the statute did not violate constitutional guarantees, and that civil ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-17-1974
Geduldig v. Aiello - 417 U.S. 484 (1974) U.S. Supreme Court Geduldig v. Aiello, 417 U.S. 484 (1974) Geduldig v. Aiello No. 73-640 Argued March 26, 1974 Decided June 17, 1974 417 U.S. 484 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus California has a disability insurance system for private employees temporarily disabled from working by an injury or illness not covered by workmen's compensation, under which an employee contributes to an Unemployment Compensation Disability Fund one percent of his salary up to an annual maximum of $85. A disability lasting less than eight days is not compensable, except when the employee is hospitalized. Benefits are not payable for a single disability exceeding 26 weeks. A disability resulting from an individual's court commitment as a dipsomaniac, drug addict, or sexual psychopath is not compensable, nor are certain disabilities attributable to pregnancy. Appellees, four women otherwise qualifi...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-25-1974
United States v. Richardson - 418 U.S. 166 (1974) U.S. Supreme Court United States v. Richardson, 418 U.S. 166 (1974) United States v. Richardson No. 72-885 Argued October 10, 1973 Decided June 25, 1974 418 U.S. 166 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Respondent, as a federal taxpayer, brought this suit for the purpose of obtaining a declaration of unconstitutionality of the Central Intelligence Agency Act, which permits the CIA to account for its expenditures "solely on the certificate of the Director. . . ." 50 U.S.C. 403j(b). The complaint alleged that the Act violated Art. I, 9, cl. 7, of the Constitution insofar as that clause requires a regular statement and account of public funds. The District Court's dismissal of the complaint for, inter alia, respondent's lack of standing under Flast v. Cohen, 392 U. S. 83 , was reversed by the Court of Appeals. That court held that respondent had standing as a taxpayer on the gro...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-24-1974
..... official responsible for the conduct of the election, shall challenge any voter or question him concerning his qualifications to vote. . . ." section 14246 (supp. 1974) provides: "if the challenge is on the ground that the person challenged has been convicted of a felony or that he has been convicted of the embezzlement or misappropriation of public ..... compelling interest in preventing election fraud, the challenged provision is not sustainable on that ground. first, the disenfranchisement provisions are patently both overinclusive and underinclusive. the provision is not limited to those who have demonstrated a marked propensity for abusing the ballot by violating ..... pleading 705(c), p. 2329 (1971); see, e.g., dills v. delira corp., 145 cal.app.2d 124, 129, 302 p.2d 397, 400 (1956). the difference between ..... opinions on abstract questions of law, in re william m., 3 cal.3d 16, 473 p.2d 737 (1970), while in the same opinion adverting to its "declaratory use of habeas corpus in a number of cases" such as in re gonsalves, ..... acts readmitting virginia, mississippi, texas, and georgia early in 1870. act of jan. 26, 1870, c. 10, 16 stat. 62; act of feb. 1, 1870, c. 12, 16 stat. 63; act of feb. 23, 1870, c.19, 16 stat. 67; act of mar. 30, 1870, c. 39, 16 stat. 80; act ..... , 1866, revised and redrafted what ultimately became the fourteenth amendment. the journal of that committee's proceedings shows only what motions were made and how the various members of the committee voted on the motions .....
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