Court : US Supreme Court
Decided on : Jun-18-1973
Goldstein v. California - 412 U.S. 546 (1973) U.S. Supreme Court Goldstein v. California, 412 U.S. 546 (1973) Goldstein v. California No. 71-1192 Argued December 13, 1972 Decided June 18, 1973 412 U.S. 546 CERTIORARI TO THE APPELLATE DEPARTMENT, SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Syllabus Petitioners, convicted for committing acts of "record piracy" or "tape piracy" in 1970-1971, challenge the California statute proscribing such practices, as violative of the "Copyright Clause," Art. I, 8, cl. 8, of the Constitution, and the federal statutes enacted thereunder. The state appellate court upheld the validity of the statute. Held: 1. Article I, 8, cl. 8, does not expressly or by inference vest all power to grant copyright protection exclusively in the Federal Government. Pp. 412 U. S. 552 -561. (a) Although the objective of the Copyright Clause was to facilitate the granting of rights national in scope, it does not indicate that all "Writings" are of na...
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-17-1973
Bonelli Cattle Co. v. Arizona - 414 U.S. 313 (1973) U.S. Supreme Court Bonelli Cattle Co. v. Arizona, 414 U.S. 313 (1973) Bonelli Cattle Co. v. Arizona No. 72-397 Argued October 15, 1973 Decided December 17, 1973 414 U.S. 313 CERTIORARI TO THE SUPREME COURT OF ARIZONA Syllabus Certain land abutting the east bank of the Colorado River was conveyed in 1910 by federal patent to a railroad company. Upon admission to the Union in 1912, Arizona succeeded the Federal Government to title to the bed of the Colorado River. The river's gradual eastward movement submerged the subject land by erosion so that title was mechanically transferred to the State as part of the riverbed. In 1955, petitioner cattle company acquired title to the original railroad grant, most of which by that time was covered by water. In 1959, the subject land was abandoned by the Colorado as a result of a federal rechanneling project. Petitioner cattle company filed this action to quiet title and prevailed in the...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-22-1973
United States v. Glaxo Group Ltd. - 410 U.S. 52 (1973) U.S. Supreme Court United States v. Glaxo Group Ltd., 410 U.S. 52 (1973) United States v. Glaxo Group Ltd. No. 71-666 Argued November 9, 1972 Decided January 22, 1973 410 U.S. 52 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Syllabus Appellees, Imperial Chemical Industries Ltd. and Glaxo Group Ltd., British drug companies engaged in the manufacture and sale of the fungicide griseofulvin, pooled their bulk- and dosage-form patents and sublicensed certain firms in the United States to practice the patents. The pooling agreement contained a covenant to restrict bulk sales and resales, and sublicensing agreements prohibited bulk resales to third parties without the licensors' prior consent. The United States filed a civil antitrust suit against appellees to restrain alleged violations of 1 of the Sherman Act, and the Government also attacked the validity of the dosage-form patents, and sought th...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-22-1973
Roe v. Wade - 410 U.S. 113 (1973) U.S. Supreme Court Roe v. Wade, 410 U.S. 113 (1973) Roe v. Wade No. 70-18 Argued December 13, 1971 Reargued October 11, 1972 Decided January 22, 1973 410 U.S. 113 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS Syllabus A pregnant single woman (Roe) brought a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life. A licensed physician (Hallford), who had two state abortion prosecutions pending against him, was permitted to intervene. A childless married couple (the Does), the wife not being pregnant, separately attacked the laws, basing alleged injury on the future possibilities of contraceptive failure, pregnancy, unpreparedness for parenthood, and impairment of the wife's health. A three-judge District Court, which consolidated the actions, held that Roe and ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-22-1973
Doe v. Bolton - 410 U.S. 179 (1973) U.S. Supreme Court Doe v. Bolton, 410 U.S. 179 (1973) Doe v. Bolton No. 70-40 Argued December 13, 1971 Reargued October 11, 1972 Decided January 22, 1973 410 U.S. 179 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA Syllabus Georgia law proscribes an abortion except as performed by a duly licensed Georgia physician when necessary in "his best clinical judgment" because continued pregnancy would endanger a pregnant woman's life or injure her health; the fetus would likely be born with a serious defect; or the pregnancy resulted from rape. 26-1202(a) of Ga. Criminal Code. In addition to a requirement that the patient be a Georgia resident and certain other requirements, the statutory scheme poses three procedural conditions in 26-1202(b): (1) that the abortion be performed in a hospital accredited by the Joint Commission on Accreditation of Hospitals (JCAH); (2) that the procedure be approved by the hospi...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-18-1973
Weinberger v. Hynson, Wescott & Dunning, Inc. - 412 U.S. 609 (1973) U.S. Supreme Court Weinberger v. Hynson, Wescott & Dunning, Inc., 412 U.S. 609 (1973) Weinberger v. Hynson, Wescott & Dunning, Inc No. 72-394 Argued April 17, 1973 Decided June 18, 1973 * 412 U.S. 609 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus The Federal Food, Drug, and Cosmetic Act of 1938, as amended in 1962, establishes a system of pre-marketing clearance for drugs and prohibits in 505(a) the introduction into commerce of any "new drug" unless a new drug application (NDA) filed with the Food and Drug Administration (FDA) was effective with respect to such drug. Under the Act, procedures were established for filing "new drug" applications not only for the safety of drugs but for their efficacy as well. Standards were provided under which, after notice and hearing, FDA could refuse to allow an NDA to become effective, or could suspend an NDA in effect on the b...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-20-1973
Texas v. Louisiana - 410 U.S. 702 (1973) U.S. Supreme Court Texas v. Louisiana, 410 U.S. 702 (1973) Texas v. Louisiana No. 36, Orig. Argued December 11, 1972 Decided March 20, 1973 410 U.S. 702 ON BILL OF COMPLAINT Syllabus The Special Master's Report, to the extent that it recommends that the relevant boundary between Texas and Louisiana be the geographic middle of Sabine Pass, Lake, and River (collectively Sabine) and not the west bank or the middle of the main channel and that all islands in the east half of the Sabine when Louisiana was admitted as a State in 1812, or thereafter formed, should be awarded to Louisiana, is adopted; decision on the Report with respect to islands in the west half of the Sabine existing in 1812 or thereafter formed, is deferred pending further proceedings, in which the United States is invited to participate, and which the Special Master is to conduct. Pp. 410 U. S. 704 -714. WHITE, J., delivered the opinion of the Court, in which BURGER, ...
Tag this Judgment!Court : US Supreme Court
Decided on : May-29-1973
..... ibid. but it was precisely the mistrust of the evanescent, narrow, factional views of those in power and the belief that no one has a patent on the "truth" that underlay the first amendment. [ footnote 3/18 ] the monetary and other burdens imposed on the press by the right of ..... other periodicals receive a government subsidy in the form of second-class postage rates, 39 cfr 132. an antitrust immunity is established by the newspaper preservation act, 15 u.s.c. 1801 et seq. mr. justice white, ..... 13-14 (1968). see also amendment of sections 73.35, 73.240, and 73.636 of the commission's rules, 22 f.c.c.2d 339, 344 (1970) (59% of americans depend on television as their ..... extent, "the development of new media to convey unorthodox, unpopular, and new ideas. sit-ins and demonstrations testify to . . . the inability to secure access to the conventional means of reaching and changing public opinion. [for by] the bizarre and unsettling nature of his technique, the demonstrator ..... right of access to advertising time. there is substantial risk that such a system would be monopolized by those who could and would pay the costs, that the effective operation of the fairness doctrine itself would be undermined, and that the public accountability which now rests with the ..... at 408 u. s. 93 , but prohibited demonstrations for any other purposes on the streets and sidewalks within 150 feet of the school. those decisions provide little guidance, however, in resolving the question whether the first amendment .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-22-1973
EPA v. Mink - 410 U.S. 73 (1973) U.S. Supreme Court EPA v. Mink, 410 U.S. 73 (1973) Environmental Protection Agency v. Mink No. 71-909 Argued November 9, 1972 Decided January 22, 1973 410 U.S. 73 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Respondent Members of Congress brought suit under the Freedom of Information Act of 1966 to compel disclosure of nine documents that various officials had prepared for the President concerning a scheduled underground nuclear test. All but three were classified as Top Secret or Secret under E.O. 10501, and petitioners represented that all were inter-agency or intra-agency documents used in the Executive Branch's decisionmaking processes. The District Court granted petitioners' motion for summary judgment on the grounds that each of the documents was exempt from compelled disclosure by 5 U.S.C. 552(b)(1) (hereafter Exemption 1), excluding matters "specifically required by Executive order t...
Tag this Judgment!Court : US Supreme Court
Decided on : May-29-1973
Schneckloth v. Bustamonte - 412 U.S. 218 (1973) U.S. Supreme Court Schneckloth v. Bustamonte, 412 U.S. 218 (1973) Schneckloth v. Bustamonte No. 71-732 Argued October 10, 1972 Decided May 29, 1973 412 U.S. 218 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus During the course of a consent search of a car that had been stopped by officers for traffic violations, evidence was discovered that was used to convict respondent of unlawfully possessing a check. In a habeas corpus proceeding, the Court of Appeals, reversing the District Court, held that the prosecution had failed to prove that consent to the search had been made with the understanding that it could freely be withheld. Held: When the subject of a search is not in custody and the State would justify a search on the basis of his consent, the Fourth and Fourteenth Amendments require that it demonstrate that the consent was in fact, voluntary; voluntariness is to be determined from the tot...
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