Court : US Supreme Court
Decided on : Feb-22-1977
Whalen v. Roe - 429 U.S. 589 (1977) U.S. Supreme Court Whalen v. Roe, 429 U.S. 589 (1977) Whalen v. Roe No. 75-839 Argued October 13, 1976 Decided February 22, 1977 429 U.S. 589 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Responding to a concern that drugs were being diverted into unlawful channels, the New York Legislature, in 1972, enacted a statutory scheme to correct defects in the previous law. The 1972 statute classifies potentially harmful drugs and provides that prescriptions for the category embracing the most dangerous legitimate drugs (Schedule II) be prepared on an official form. One copy of the form, which requires identification of the prescribing physician, dispensing pharmacy, drug and dosage, and the patient's name, address, and age, must be filed with the State Health Department, where pertinent data are recorded on tapes for computer processing. All forms are retained for a five-year period under a system to...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-28-1977
Zacchini v. Scripps-Howard Broadcasting Co. - 433 U.S. 562 (1977) U.S. Supreme Court Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977) Zacchini v. Scripps-Howard Broadcasting Co. No. 76-577 Argued April 25, 1977 Decided June 28, 1977 433 U.S. 562 CERTIORARI TO THE SUPREME COURT OF OHIO Syllabus Petitioner's 15-second "human cannonball" act, in which he is shot from a cannon into a net some 200 feet away, was, without his consent, videotaped in its entirety at a county fair in Ohio by a reporter for respondent broadcasting company and shown on a television news program later the same day. Petitioner then brought a damages action in state court against respondent, alleging an "unlawful appropriation" of his "professional property." The trial court's summary judgment for respondent was reversed by the Ohio Court of Appeals on the ground that the complaint stated a cause of action. The Ohio Supreme Court, while recognizing that petitioner had a cause of action und...
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Decided on : Jun-20-1977
Beal v. Doe - 432 U.S. 438 (1977) U.S. Supreme Court Beal v. Doe, 432 U.S. 438 (1977) Beal v. Doe No. 75-554 Argued January 11, 1977 Decided June 20, 1977 432 U.S. 438 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Title XIX of the Social Security Act establishes a Medical Assistance (Medicaid) program, under which participating States financially assist qualified individuals in five general categories of medical treatment, state plans being required to establish "reasonable standards . . . for determining . . . the extent of medical assistance under the plan which are consistent with" Title XIX's objectives. Respondents, who are eligible for medical assistance under Pennsylvania's Medicaid plan and who were denied financial assistance for desired nontherapeutic abortions pursuant to state regulations limiting such assistance to abortions certified by physicians as medically necessary, brought this action seeking injunctive and declaratory r...
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Decided on : Jun-29-1977
Vendo Co. v. Lektro-Vend Corp. - 433 U.S. 623 (1977) U.S. Supreme Court Vendo Co. v. Lektro-Vend Corp., 433 U.S. 623 (1977) Vendo Co. v. Lektro-Vend Corp. No. 76-156 Argued January 19, 1977 Decided June 29, 1977 433 U.S. 623 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Petitioner vending machine manufacturer acquired most of the assets of another vending machine manufacturing company controlled by respondent Stoner and his family. As part of the acquisition agreement, the latter company undertook to refrain from owning or managing any business engaged in the manufacture or sale of vending machines, and respondent Stoner, who was employed by petitioner as a consultant under a 5-year contract, agreed not to compete with petitioner in the manufacture of such machines during the term of his contract and for five years thereafter. Subsequently, petitioner sued respondents (Stoner, the company which he and his family controlled, and another co...
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Decided on : Apr-04-1977
Rosebud Sioux Tribe v. Kneip - 430 U.S. 584 (1977) U.S. Supreme Court Rosebud Sioux Tribe v. Kneip, 430 U.S. 584 (1977) Rosebud Sioux Tribe v. Kneip No. 75-562 Argued January 12, 1977 Decided April 4, 1977 430 U.S. 584 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Both the language and legislative history of the Acts of 1904, 1907, and 1910, whereby land in certain counties in South Dakota located within the boundaries of the Rosebud Sioux Reservation as defined in an 1889 Treaty was required to be ceded by the Reservation Indians to the Government for sale to settlers under the homestead and townsite laws with the proceeds to be credited to the Indians only as received or, with respect to certain parcels, for transfer to South Dakota for school use, held clearly to evidence a congressional intent to diminish the boundaries of the Reservation. Although such Acts were unilateral Acts of Congress without the consent of three-fourths of the...
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Decided on : Jun-09-1977
Carey v. Population Svcs. Int'l - 431 U.S. 678 (1977) U.S. Supreme Court Carey v. Population Svcs. Int'l, 431 U.S. 678 (1977) Carey v. Population Services International No. 75-443 Argued January 10, 1977 Decided June 9, 1977 431 U.S. 678 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Section 6811(8) of the New York Education Law makes it a crime (1) for any person to sell or distribute any contraceptive of any kind to a minor under 16; (2) for anyone other than a licensed pharmacist to distribute contraceptives to persons 16 or over; and (3) for anyone, including licensed pharmacists, to advertise or display contraceptives. In appellees' action against appellant state officials challenging the constitutionality of $ 6811(8), a three-judge District Court declared the statute unconstitutional in its entirety under the First and Fourteenth Amendments insofar as it applies to nonprescription contraceptives, and enjoined its enforceme...
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Decided on : Jun-27-1977
Bates v. State Bar of Arizona - 433 U.S. 350 (1977) U.S. Supreme Court Bates v. State Bar of Arizona, 433 U.S. 350 (1977) Bates v. State Bar of Arizona No. 76-316 Argued January 18, 1977 Decided June 27, 1977 433 U.S. 350 APPEAL FROM THE SUPREME COURT OF ARIZONA Syllabus Appellants, who are licensed attorneys and members of the Arizona State Bar, were charged in a complaint filed by the State Bar's president with violating the State Supreme Court's disciplinary rule, which prohibits attorneys from advertising in newspapers or other media. The complaint was based upon a newspaper advertisement placed by appellants for their "legal clinic," stating that they were offering "legal services at very reasonable fees," and listing their fees for certain services, namely, uncontested divorces, uncontested adoptions, simple personal bankruptcies, and changes of name. The Arizona Supreme Court upheld the conclusion of a bar committee that appellants had violated the rule, having reject...
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Decided on : Jun-24-1977
Shaffer v. Heitner - 433 U.S. 186 (1977) U.S. Supreme Court Shaffer v. Heitner, 433 U.S. 186 (1977) Shaffer v. Heitner No. 75-1812 Argued February 22, 1977 Decided June 24, 1977 433 U.S. 186 APPEAL FROM THE SUPREME COURT OF DELAWARE Syllabus Appellee, a nonresident of Delaware, filed a shareholder's derivative suit in a Delaware Chancery Court, naming as defendants a corporation and its subsidiary, as well as 28 present or former corporate officers or directors, alleging that the individual defendants had violated their duties to the corporation by causing it and its subsidiary to engage in actions (which occurred in Oregon) that resulted in corporate liability for substantial damages in a private antitrust suit and a large fine in a criminal contempt action. Simultaneously, appellee, pursuant to Del.Code Ann., Tit. 10, 366 (1975), filed a motion for sequestration of the Delaware property of the individual defendants, all nonresidents of Delaware, accompanied by an affidavi...
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Decided on : Jun-28-1977
Nixon v. Administrator of General Services - 433 U.S. 425 (1977) U.S. Supreme Court Nixon v. Administrator of General Services, 433 U.S. 425 (1977) Nixon v. Administrator of General Services No. 75-1605 Argued April 20, 1977 Decided June 28, 1977 433 U.S. 425 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Syllabus After appellant had resigned as President of the United States, he executed a depository agreement with the Administrator of General Services that provided for the storage near appellant's California home of Presidential materials (an estimated 42 million pages of documents and 880 tape recordings) accumulated during appellant's terms of office. Under this agreement, neither appellant nor the General Services Administration (GSA) could gain access to the materials without the other's consent. Appellant was not to withdraw any original writing for three years, although he could make and withdraw copies. After the initial three-year period...
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Decided on : Jun-20-1977
Briscoe v. Bell - 432 U.S. 404 (1977) U.S. Supreme Court Briscoe v. Bell, 432 U.S. 404 (1977) Briscoe v. Bell No. 76-60 Argued April 20, 1977 Decided June 20, 1977 432 U.S. 404 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus The provision of 4(b) of the Voting Rights Act of 1965 that a determination of the Attorney General or Director of the Census that a State is covered by the Act "shall not be reviewable in any court" held absolutely to preclude judicial review of such a determination. Hence the District Court and Court of Appeals erred in holding that they had jurisdiction to review petitioners' claims that the Attorney General and Director of the Census (respondents) had erroneously applied 4(b) in determining that Texas is covered by the 1975 amendments to the Act extending its protections to language minorities, such as Mexican-Americans. A "bailout" suit under 4(a) to terminate coverage is Texas' sole remedy. Pp. ...
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