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...
Tag this Judgment!Court : US Supreme Court
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...
Tag this Judgment!Court : US Supreme Court
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...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-23-1977
Brewer v. Williams - 430 U.S. 387 (1977) U.S. Supreme Court Brewer v. Williams, 430 U.S. 387 (1977) Brewer v. Williams No. 74-1263 Argued October 4, 1976 Decided March 23, 1977 430 U.S. 387 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Respondent was arrested, arraigned, and committed to jail in Davenport, Iowa, for abducting a 10-year-old girl in Des Moines, Iowa. Both his Des Moines lawyer and his lawyer at the Davenport arraignment advised respondent not to make any statements until after consulting with the Des Moines lawyer upon being returned to Des Moines, and the police officers who were to accompany respondent on the automobile drive back to Des Moines agreed not to question him during the trip. During the trip, respondent expressed no willingness to be interrogated in the absence of an attorney, but instead stated several times that he would tell the whole story after seeing his Des Moines lawyer. However, one of the police offic...
Tag this Judgment!Court : US Supreme Court
Decided on : May-23-1977
Abood v. Detroit Bd. of Educ. - 431 U.S. 209 (1977) U.S. Supreme Court Abood v. Detroit Bd. of Educ., 431 U.S. 209 (1977) Abood v. Detroit Board of Education No. 75-1153 Argued November 9, 1976 Decided May 23, 1977 431 U.S. 209 APPEAL FROM THE COURT OF APPEALS OF MICHIGAN Syllabus A Michigan statute authorizing union representation of local governmental employees permits an "agency shop" arrangement, whereby every employee represented by a union, even though not a union member, must pay to the union, as a condition of employment, a service charge equal in amount to union dues. Appellant teachers filed actions (later consolidated) in Michigan state court against appellee Detroit Board of Education and appellee Union (which represented teachers employed by the Board) and Union officials, challenging the validity of the agency shop clause in a collective bargaining agreement between the Board and the Union. The complaints alleged that appellants were unwilling or had refused to...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-23-1977
Santa Fe Industries, Inc. v. Green - 430 U.S. 462 (1977) U.S. Supreme Court Santa Fe Industries, Inc. v. Green, 430 U.S. 462 (1977) Santa Fe Indus., Inc. v. Green No. 75-1753 Argued January 18-19, 1977 Decided March 23, 1977 430 U.S. 462 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Delaware's "short-form merger" statute enables a parent company owning at least 90% of the stock of a subsidiary to merge with the subsidiary upon approval of the parent company's board of directors, and to make cash payments for the minority shareholders' shares. Though advance notice to or consent of the minority shareholders is not required, they must be notified within 10 days of the merger's effective date, and any dissatisfied minority shareholder may petition the Delaware Court of Chancery for the payment of the fair value of his shares as determined by a court-appointed appraiser subject to court review. Pursuant to that statutory procedure, petitioner ...
Tag this Judgment!Court : US Supreme Court
Decided on : May-31-1977
Teamsters v. United States - 431 U.S. 324 (1977) U.S. Supreme Court Teamsters v. United States, 431 U.S. 324 (1977) Teamsters v. United States No. 75-636 Argued January 10, 1977 Decided May 31, 1977 * 431 U.S. 324 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus The United States instituted this litigation under Title VII of the Civil Rights Act of 1964 against petitioners, a nationwide common carrier of motor freight, and a union representing a large group of the company's employees. The Government alleged that the company had engaged in a pattern or practice of discriminating against Negroes and Spanish-surnamed persons (hereinafter sometimes collectively "minority members") who were hired as servicemen or local city drivers, which were lower paying, less desirable jobs than the positions of line drivers (over-the-road, long-distance drivers), which went to whites, and that the seniority system in the collective bargaining agreements betwee...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-23-1977
Wainwright v. Sykes - 433 U.S. 72 (1977) U.S. Supreme Court Wainwright v. Sykes, 433 U.S. 72 (1977) Wainwright v. Sykes No. 75-1578 Argued March 29, 1977 Decided June 23, 1977 433 U.S. 72 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus During respondent's trial for murder, inculpatory statements made by him to police officers were admitted into evidence. No challenge was made on the ground that respondent had not understood warnings read to him pursuant to Miranda v. Arizona, 384 U. S. 436 , nor did the trial judge sua sponte question their admissibility or hold a factfinding hearing. Respondent, who was convicted, did not challenge the admissibility of the statements on appeal, though later he did so, unavailingly, in a motion to vacate the conviction and in state habeas corpus petitions. He then brought this federal habeas corpus action under 28 U.S.C. 2254, asserting the inadmissibility of his statements by reason of his lack of unde...
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-29-1977
Commissioner v. Kowalski - 434 U.S. 77 (1977) U.S. Supreme Court Commissioner v. Kowalski, 434 U.S. 77 (1977) Commissioner of Internal Revenue v. Kowalski No. 76-1095 Argued October 12, 1977 Decided November 29, 1977 434 U.S. 77 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus New Jersey provides a cash meal allowance for its state police troopers, which is paid biweekly in advance in an amount varying with the trooper's rank and is included, although separately stated, with his salary and in his gross pay for purposes of calculating pension benefits. Although troopers are required to remain on call in their assigned patrol areas during their midshift break, they are not required to eat lunch at any particular location, and indeed may eat at home, nor are they required to spend the meal allowance on food. No reduction in the allowance is made for periods when a trooper is not on patrol. Respondents, a trooper and his wife, included only a part...
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