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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 : Dec-16-1974
..... states pass over penn central's 20,000 miles of track, and over 70% of penn central traffic involves other railroads. rail service in the midwest and northeast region, 39 fed reg. 5392, 5401 (1974); h.r.rep. no. 93-620, p. 26 (1973) (hereinafter h.rep.). since 1973 penn central (including its leased lines ..... conrail, 206(d)(1), 45 u.s.c. 716(d)(1) (1970 ed., supp. iii). if those "securities" are common stock, they will have value only insofar as conrail will be a viable entity which generates income in excess of costs and fixed charge. if the trustees under 77 of the bankruptcy act, 11 u.s.c. 205, cannot make ends meet, there is no ..... in an amount sufficient to finance such agreements and shall require [conrail] to assume any such obligations. however, [usra] may not issue obligations under this section in an aggregate amount in excess of $150,000,000. . . ." 215, 45 u.s.c. 725 (1970 ed., supp. iii). [ footnote 9 ] the period of 450 days provided by 207(c) was extended 120 days by pub.l. 93-488, 88 ..... the special court directing the conveyance is page 419 u. s. 143 virtually a certainty. the rail act empowers no court, including this court, to prevent it. thus, occurrence of the conveyance allegedly violative of fifth amendment rights is in no way hypothetical or speculative. where the inevitability of the operation of a statute against certain individuals is patent, it is irrelevant to the existence of a justiciable controversy that there will be a time delay before the disputed .....
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Decided on : Apr-23-1974
Shea v. Vialpando - 416 U.S. 251 (1974) U.S. Supreme Court Shea v. Vialpando, 416 U.S. 251 (1974) Shea v. Vialpando No. 72-1513 Argued February 26, 1974 Decided April 23, 1974 416 U.S. 251 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Section 402(a)(7) of the Social Security Act requires state agencies in administering the Aid to Families with Dependent Children (AFDC) program to "take into consideration . . . any expenses reasonably attributable to the earning of . . . income." Such expenses are deducted from an AFDC applicant's income in determining eligibility for assistance. Colorado's AFDC regulations, which previously had permitted the deduction from income of all expenses reasonably attributable to employment, including transportation expenses, were amended in 1970 to subject work-related expenses (with certain exceptions) to a uniform allowance of $30 per month. This substantially reduced respondent's monthly deductions for work-rel...
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-23-1974
Jackson v. Metropolitan Edison Co. - 419 U.S. 345 (1974) U.S. Supreme Court Jackson v. Metropolitan Edison Co., 419 U.S. 345 (1974) Jackson v. Metropolitan Edison Co. No. 73-5845 Argued October 15, 1974 Decided December 23, 1974 419 U.S. 345 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Petitioner brought suit against respondent, a privately owned and operated utility corporation which holds a certificate of public convenience issued by the Pennsylvania Utility Commission, seeking damages and injunctive relief under 42 U.S.C. 1983 for termination of her electric service allegedly before she had been afforded notice, a hearing, and an opportunity to pay any amounts found due. Petitioner claimed that, under state law she was entitled to reasonably continuous electric service, and that respondent's termination for alleged nonpayment, permitted by a provision of its general tariff filed with the Commission, was state action depriving petitione...
Tag this Judgment!Court : US Supreme Court
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 : Feb-26-1974
Memorial Hosp. v. Maricopa County - 415 U.S. 250 (1974) U.S. Supreme Court Memorial Hosp. v. Maricopa County, 415 U.S. 250 (1974) Memorial Hospital v. Maricopa County No. 72-847 Argued November 6, 1973 Decided February 26, 1974 415 U.S. 250 APPEAL FROM THE SUPREME COURT OF ARIZONA Syllabus This is an appeal from a decision of the Arizona Supreme Court upholding the constitutionality of an Arizona statute requiring a year's residence in a county as a condition to an indigent's receiving nonemergency hospitalization or medical care at the county's expense. Held: The durational residence requirement, in violation of the Equal Protection Clause, creates an "invidious classification" that impinges on the right of interstate travel by denying newcomers "basic necessities of life." Shapiro v. Thompson, 394 U. S. 618 . Pp. 415 U. S. 253 -270. (a) Such a requirement, since it operates to penalize indigents for exercising their constitutional right of interstate migration, mus...
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...
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