Court : US Supreme Court
Decided on : Jun-25-1987
S.F. Arts & Athletics, Inc. v. USOC - 483 U.S. 522 (1987) U.S. Supreme Court S.F. Arts & Athletics, Inc. v. USOC, 483 U.S. 522 (1987) San Francisco Arts & Athletics, Inc. v. United States Olympic Committee No. 86-270 Argued March 24, 1987 Decided June 25, 1987 483 U.S. 522 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Section 110 of the Amateur Sports Act of 1978 (Act) grants respondent United States Olympic Committee (USOC) the right to prohibit certain commercial and promotional uses of the word "Olympic" and various Olympic symbols. Petitioner San Francisco Arts & Athletics, Inc. (SFAA), a nonprofit California corporation, promoted the "Gay Olympic Games," to be held in 1982, by using those words on its letterheads and mailings, in local newspapers, and on various merchandise sold to cover the costs of the planned Games. The USOC informed the SFAA of the existence of the Act and requested that it terminate use of the word "Olympic" in i...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-25-1987
Johnson v. Transportation Agency - 480 U.S. 616 (1987) U.S. Supreme Court Johnson v. Transportation Agency, 480 U.S. 616 (1987) Johnson v. Transportation Agency No. 85-1129 Argued November 12, 1986 Decided March 25, 1987 480 U.S. 616 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus In 1978, an Affirmative Action Plan (Plan) for hiring and promoting minorities and women was voluntarily adopted by respondent Santa Clara County Transportation Agency (Agency). The Plan provides, inter alia, that, in making promotions to positions within a traditionally segregated job classification in which women have been significantly underrepresented, the Agency is authorized to consider as one factor the sex of a qualified applicant. The Plan is intended to achieve a statistically measurable yearly improvement in hiring and promoting minorities and women in job classifications where they are underrepresented, and the long-term goal is to attain a workforce w...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-03-1987
School Bd. of Nassau County v. Arline - 480 U.S. 273 (1987) U.S. Supreme Court School Bd. of Nassau County v. Arline, 480 U.S. 273 (1987) School Board of Nassau County, Florida v. Arline No. 85-1277 Argued December 3, 1986 Decided March 3, 1987 480 U.S. 273 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (Act), provides, inter alia, that no "otherwise qualified handicapped individual," as defined in 29 U.S.C. 706(7), shall, solely by reason of his handicap, be excluded from participation in any program receiving federal financial assistance. Section 706(7)(B) defines "handicapped individual" to mean any person who "(i) has a physical . . . impairment which substantially limits one or more of [his] major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment." Department of Health and Human Services (HHS) regulations defin...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-31-1987
O'Connor v. Ortega - 480 U.S. 709 (1987) U.S. Supreme Court O'Connor v. Ortega, 480 U.S. 709 (1987) O'Connor v. Ortega No. 86-630 Argued October 16, 1986 Decided March 31, 1987 480 U.S. 709 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondent, a physician and psychiatrist, was an employee of a state hospital and had primary responsibility for training physicians in the psychiatric residency program. Hospital officials became concerned about possible improprieties in his management of the program, particularly with respect to his acquisition of a computer and charges against him concerning sexual harassment of female hospital employees and inappropriate disciplinary action against a resident. While he was on administrative leave pending investigation of the charges, hospital officials, allegedly in order to inventory and secure state property, searched his office and seized personal items from his desk and file cabinets that were used in...
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Decided on : Jun-08-1987
Utah Div. of State Lands v. United States - 482 U.S. 193 (1987) U.S. Supreme Court Utah Div. of State Lands v. United States, 482 U.S. 193 (1987) Utah Division of State Lands v. United States No. 85-1772 Argued March 23, 1987 Decided June 8, 1987 482 U.S. 193 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus After the Federal Government, in 1976, issued oil and gas leases for lands underlying Utah Lake, a navigable body of water located in Utah, the State brought suit in Federal District Court for injunctive relief and a declaratory judgment that it, rather than the United States, had title to the lakebed under the equal footing doctrine. Under that doctrine, the United States holds the lands under navigable waters in the Territories in trust for the future States, and, absent a prior conveyance by the Federal Government to third parties, a State acquires title to such lands upon entering the Union on an "equal footing" with the original 13 Sta...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1987
Pennsylvania v. Ritchie - 480 U.S. 39 (1987) U.S. Supreme Court Pennsylvania v. Ritchie, 480 U.S. 39 (1987) Pennsylvania v. Ritchie No. 85-1347 Argued Dec. 3, 1986 Decided Feb. 24, 1987 480 U.S. 39 CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA Syllabus Respondent was charged with various sexual offenses against his minor daughter. The matter was referred to the Children and Youth Services (CYS), a protective service agency established by Pennsylvania to investigate cases of suspected child mistreatment and neglect. During pretrial discovery, respondent served CYS with a subpoena, seeking access to the records related to the immediate charges, as well as certain earlier records compiled when CYS investigated a separate report that respondent's children were being abused. CYS refused to comply with the subpoena, claiming that the records were privileged under a Pennsylvania statute which provides that all CYS records must be kept confidential, subject to specified exceptions...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-22-1987
McCleskey v. Kemp - 481 U.S. 279 (1987) U.S. Supreme Court McCleskey v. Kemp, 481 U.S. 279 (1987) McCleskey v. Kemp No. 84-6811 Argued October 15, 1986 Decided April 22, 1987 481 U.S. 279 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus In 1978, petitioner, a black man, was convicted in a Georgia trial court of armed robbery and murder, arising from the killing of a white police officer during the robbery of a store. Pursuant to Georgia statutes, the jury at the penalty hearing considered the mitigating and aggravating circumstances of petitioner's conduct, and recommended the death penalty on the murder charge. The trial court followed the recommendation, and the Georgia Supreme Court affirmed. After unsuccessfully seeking postconviction relief in state courts, petitioner sought habeas corpus relief in Federal District Court. His petition included a claim that the Georgia capital sentencing process was administered in a racially discrimina...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1987
..... 91st cong., 2d sess., 520 (1970). during these same hearings, the american bar association proposed an amendment "to include the additional civil remedy of authorizing private damage suits based upon the concept of section 4 of the clayton act" that would adopt a treble damages ..... u. s. 610 , 155 u. s. 616 (1895)); friendly, in praise of erie -- and of the new federal common law, 39 n.y.u.l.rev. 383, 408, n. 122 (1964) (characterizing the view that erie requires application of state ..... (ca3 1986) (concurring in judgment). although the large majority of civil rico complaints use mail fraud, wire fraud or securities fraud as the required predicate offenses, a not insignificant number of complaints allege criminal activity of a type generally associated ..... with the page 483 u. s. 161 question whether to apply to a suit for patent infringement a massachusetts statute of limitations requiring actions for tort to be brought within six years. in patent infringement suits, both the right and the cause of action were created by congressional ..... at 348. moreover, rico is designed to remedy injury caused by a pattern of racketeering, page 483 u. s. 150 and "[c]oncepts such as rico "enterprise" and "pattern of racketeering activity" were simply unknown to common law." ibid ..... u. s. 151 the cost of the suit, including a reasonable attorney's fee." 18 u.s.c. 1964(c). both rico and the clayton act are designed to remedy economic injury by providing for the recovery of treble damages, costs, and attorney's .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-25-1987
Bowen v. Gilliard - 483 U.S. 587 (1987) U.S. Supreme Court Bowen v. Gilliard, 483 U.S. 587 (1987) Bowen v. Gilliard No. 86-509 Argued April 22, 1987 Decided June 25, 1987 * 483 U.S. 587 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Syllabus In 1975, federal statutes governing the Aid to Families with Dependent Children (AFDC) program required, as a condition of eligibility, that applicants for assistance assign to the State any right to receive child support payments for any family member included in the family unit, but a recipient of aid (the amount of which is determined by the number and income of persons in the family unit) could exclude a child for whom support payments were being made from the family unit if it was financially advantageous to do so, even though the child continued to live with the family. The Deficit Reduction Act of 1984 (DEFRA) amended the AFDC program to require families to include in the filing unit all ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-14-1987
Clarke v. Securities Indus. Ass'n - 479 U.S. 388 (1987) U.S. Supreme Court Clarke v. Securities Indus. Ass'n, 479 U.S. 388 (1987) Clarke v. Securities Industry Association No. 85-971 Argued November 3, 1986 Decided January 14, 1987 479 U.S. 388 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Petitioner Security Pacific National Bank (Security Pacific) applied to the Comptroller of the Currency for permission to establish an affiliate named Discount Brokerage, and to offer discount brokerage services not only at its branch offices but also at other locations inside and outside of its home State. A pertinent branching provision of the National Bank Act, 12 U.S.C. 81, originally enacted in 1927 as part of the McFadden Act, limits "the general business" of a national bank to its headquarters and any "branches" permitted by 12 U.S.C. 36. Section 36(c) provides that a national bank is permitted to branch only in its home State, and...
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