Court : US Supreme Court
Decided on : Jan-25-1988
..... s. 14 , 388 u. s. 19 (1967) (emphasis added). "the framers of the constitution did not intend to commit the futile act of giving to a defendant the right to secure the attendance of witnesses whose testimony he had no right to use." id. at 388 u. s. 23 . the substantive limitation on excluding ..... court should approve the exclusion of evidence in this case at a time when several of its members have expressed serious misgivings about the evidentiary costs of exclusionary rules in other contexts. surely the deterrence of constitutional violations cannot be less important than the deterrence of discovery violations. nor can ..... for truth?, 1963 wash.u.l.q. 279; american bar association project on standards for criminal justice, discovery and procedure before trial 23-43 (approved draft 1970); goldstein, the state and the accused: balance of advantage in criminal procedure, 69 yale l.j. 1149 (1960). the growth of such discovery devices is ..... criminal defense evidence before a jury. see ante at 484 u. s. 408 -409; see also, e.g., pennsylvania v. ritchie, 480 u. s. 39 , 480 u. s. 56 (1987). although i thus join the court in rejecting the state's argument that the clause embodies only the right to subpoena ..... favorable witnesses at trial and the right to put before a jury evidence that might influence the determination of guilt." pennsylvania v. ritchie, 480 u. s. 39 , 480 u. s. 56 (1987). few rights are more fundamental than that of an accused to present witnesses in his own defense, see, e.g .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-25-1988
..... scheme.'" block v. community nutrition institute, 467 u.s. at 467 u. s. 351 (quoting data processing service v. camp, 397 u. s. 150 , 397 u. s. 157 (1970)). here, as in block, we think congress' intention is fairly discernible, and that "the presumption favoring judicial review . . . [has been] overcome ..... service by opm regulation. 7511(c). the court of appeals viewed the exclusion of nonpreference members of the excepted service from the definitional sections of chapter 75 as congressional silence on the issue of what review these employees should receive for the categories of personnel action covered by ..... entitled to seek relief before the mspb will have the opportunity to proceed in a far less formal atmosphere, without paying filing fees and other costs. because the proceedings are less formal, the employee may be able to present his or her case competently without the assistance of an attorney. ..... the interior regulations. we granted certiorari to decide whether the civil service reform act of 1978 (csra or act), pub.l. page 484 u. s. 441 95-454, 92 stat. 1111 et seq. (codified, as amended, in various sections of 5 u.s.c. (1982 ed. and supp. iv)), which ..... act, or any other statute relating to employment rights of government employees, and who, as a 'schedule page 484 u. s. 457 a' employee, could have been summarily discharged by the secretary at any time without the giving of a reason." id. at 359 u. s. 539 . nevertheless, having "chosen to proceed against petitioner on security .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-02-1988
..... least in part to give lower courts and litigants a fairer chance to craft jury instructions that will not require scrutiny on appellate review. iii a section 1 of the ku klux act of 1871, rev.stat. 1979, as amended, 42 u.s.c. 1983, provides: "every person who, under color of any statute, ..... grievances. finding the penalty too harsh, the commission reversed the suspension, awarded respondent backpay, and directed that he be reprimanded for having failed to secure a clear understanding of the rule. the commission's decision was not well received by respondent's supervisors at cda. kindleberger later testified that he ..... or usage' with the force of law." adickes v. s. h. kress & co., 398 u. s. 144 , 398 u. s. 167 -168 (1970). that principle, which has not been affected by monell or subsequent cases, ensures that most deliberate municipal evasions of the constitution will be sharply limited. second, as ..... of his outside employment and voiced his objections to the requirement of prior written approval. [ footnote 3/2 ] the record demonstrates page 485 u. s. 150 that this testimony offended his immediate superiors at the cda. [ footnote 3/3 ] in 1981 respondent testified before the heritage and urban design commission (hud ..... the deprivation of petitioner's constitutional rights." id. at 445 u. s. 633 ; see also id. at 445 u. s. 655 , n. 39. petitioner had been fired as city chief of police without a notice of reasons and without a hearing, after the city council and the city manager had .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-07-1988
..... analogous to the fraud-on-the market theory in adopting a civil liability provision of the 1934 act. section 18 of the act expressly provides for civil liability for certain misleading statements concerning securities. see 15 u.s.c. 78r(a). when the predecessor of this section was first being considered by congress, the initial draft of the provision allowed recovery by any plaintiff ..... "[a]t first blush, it might seem obvious," the proper calculation of damages when the fraud-on-the-market theory is applied must rest on several "assumptions" about "social costs" which are "difficult to quantify." ibid. of course, answers to the question of the proper measure of damages in a fraud-on-the-market case are essential for proper implementation ..... , 744-745 (ed va.1980) (merger negotiations material four months before agreement-in-principle reached). cf. susquehanna corp. v. pan american sulphur co., 423 f.2d 1075, 1084-1085 (ca5 1970) (holding immaterial "unilateral offer to negotiate" never acknowledged by target and repudiated two days later); berman v. gerber products co., 454 f.supp. 1310, 1316, 1318 (wd mich.1978) ..... to a favored few, determination of materiality has a different aspect than when the issue is, for example, an inaccuracy in a publicly disseminated press release." sec v. geon industries, inc., 531 f.2d 39, 48 (ca2 1976). devising two different standards of materiality, one for situations where insiders have traded in abrogation of their duty to disclose or abstain (or .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-19-1988
..... be disseminated regarding every specific change in eligibility requirements. moreover, the plain language of the notice provision and of other provisions in the same section of the page 485 u. s. 416 regulations establishes that only applicants, and not recipients, are addressed by the requirement that individuals be ..... for the purpose for which it is paid, i.e., monies for back medical bills resulting from accidents or injury, funeral and burial costs, replacement or repair of resources, etc.), the family will be ineligible for aid for the full number of months derived by dividing the ..... by other individuals of his choice in the various aspects of the application process and the redetermination of eligibility. . . ." 35 fed.reg. 18402 (1970) (emphasis added). when the provision was adopted several months later, the reference to "recipients" was eliminated, even though the reference to "redetermination of eligibility ..... footnote 6 ] the original plaintiffs contended that the policy (1) violates the social security act because it fails to take into account the actual availability of lump-sum funds in determining afdc eligibility, (2) violates the act because it is improperly applied to those members of the class who cannot, despite good ..... a $3,863.75 arrearage on the family's home mortgage, an overdue car repair bill of $1,366, and a legal fee of $150, and the remainder to purchase clothing for her children and to pay other bills. within two days, the entire sum had been expended. [ .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1988
..... a manner designed to commingle it imminently and inextricably with the trash of others. ante at 486 u. s. 39 . the american society with which i am familiar "chooses to dwell in reasonable security and freedom from surveillance," johnson v. united states, 333 u. s. 10 , 333 u. s. 14 ..... exclusionary rules. hence, the people of california could permissibly conclude that the benefits of excluding relevant evidence of criminal activity do not outweigh the costs when the police conduct at issue does not violate federal law. v the judgment of the california court of appeal is therefore reversed, ..... just "as is required when papers are subjected to search in one's own household." ibid. accord, united states v. van leeuwen, 397 u. s. 249 (1970). with the emergence of the reasonable-expectation-o-privacy analysis, see katz v. united states, 389 u. s. 347 , 389 u. s. 361 (1967) ..... of greenwood's private life and habits. the intrusions proceeded without a warrant, and no court before or since has concluded that the police acted on probable cause to believe greenwood was engaged in any criminal activity. scrutiny of another's trash is contrary to commonly accepted notions of civilized ..... january 11, 1988 decided may 16, 1988 486 u.s. 35 certiorari to the court of appeal of california, fourth appellate district syllabus acting on information indicating that respondent greenwood might be engaged in narcotics trafficking, police twice obtained from his regular trash collector garbage bags left on the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1988
..... states or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the party injured in an action at law, ..... to find statutory preemption of legitimate procedures used by the states in their own courts. section 1983, it is worth recalling, creates no substantive law. it merely provides one vehicle ..... sambs v. nowak, 47 wis.2d 158, 167, 177 n.w.2d 144, 149 (1970). "congress," we have previously noted, "surely did not intend to assign to state courts and ..... difficult to satisfy." ibid. i agree that a sufficiently burdensome notice of claim requirement could effectively act as a statute of limitations. the facts of this case, however, will not support such ..... is inconsistent with the aims of the federal legislation. pp. 487 u. s. 146 -150. (f) application of wisconsin's statute to state court 1983 actions cannot be approved as ..... 239 u. s. 201 (1915). see also engel v. davenport, 271 u. s. 33 , 271 u. s. 38 -39 (1926); mcallister v. magnolia petroleum co., 357 u. s. 221 , 357 u. s. 228 (1958) (brennan, j ..... costs." brief for respondents 12. the decision to subject state subdivisions to liability for violations of federal rights, however, was a choice that congress, not the wisconsin legislature, made, and it is a decision that the state has no authority to override. thus, however understandable or laudable the state's interest in controlling liability expenses might otherwise be, it is patently .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1988
..... on the states, local governments, and other employers that offered sex-based pension plans to their employees would be inequitable, particularly since it would impose financial costs that would threaten the security of both the plans and their beneficiaries. the appropriateness of retroactive relief must be based upon broad principle, and not solely upon the particular circumstances of ..... until our decision in norris. we hold further that employees who retired before the effective date of norris are not entitled to a readjusted benefits payment structure. i since 1970, the state of florida has operated the florida retirement system (florida system) for state employees and employees of over 1,100 participating local governments. fla.stat. 121 ..... pension plan contributions for male and female employees based on actuarial tables reflecting women's greater life spans violated the sex discrimination prohibitions of title vii of the civil rights act of 1964. arizona governing committee for tax deferred annuity & deferred compensation plans v. norris, 463 u. s. 1073 , extended this nondiscrimination principle to unequal benefits payments ..... security of both the funds and their beneficiaries. id. at 463 u. s. 1110 (o'connor, j., concurring); id. at 463 u. s. 1094 -1095 (marshall, j., concurring in judgment in part). see also buck research corporation, trends in corporate pension benefits: unisex before and after norris 15 (oct.1983) (survey of fortune 500 industrial corporations showing only 39 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-24-1988
..... any transaction within ferc's jurisdiction that is not just and reasonable. 49 stat. 851, as amended, 16 u.s.c. 824d(a). section 206 of the act provides that, when ferc determines after a hearing that "any rate, charge, or classification, demanded, observed, charged, or collected by any public ..... court pointed out that approval to build grand gulf in the state of mississippi had been secured on the strength of certain assumptions: "the first unit was to be operational in 1980, the two units were to cost $1.227 billion, and mississippi ratepayers were not to pay for any more of its ..... entire middle south system pooling arrangement. [ footnote 4 ]" app. to motion to dismiss 36-37. page 487 u. s. 359 by the late 1970's, it became apparent that system-wide demand in the ensuing years would be lower than had been forecast, making grand gulf's capacity unnecessary. moreover ..... of the briefs submitted by appellant to that court, however, we are of the view that appellant never challenged the constitutionality of 77-3-39; rather, it merely argued that the mpsc's exercise of jurisdiction to determine prudence would violate the supremacy clause. although appellant's argument ..... footnote 10 ] appellant asserted in its jurisdictional statement that the mississippi supreme court had rejected its challenge to the constitutionality of miss.code ann. 77-3-39 (supp.1987), and that this court had appellate jurisdiction under 28 u.s.c. 1257(2). relying on this assertion and on the substantial federal .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1988
..... the character of the issue decided by the district court. i in 1965, congress authorized the medicaid program by adding title xix to the social security act, 79 stat. 343. the program is "a cooperative endeavor in which the federal government provides financial assistance to participating states to aid them in furnishing ..... the relief as "money damages." thus, we have recognized that relief page 487 u. s. 894 that orders a town to reimburse parents for educational costs that congress intended the town to pay is not "damages": "because congress undoubtedly did not intend this result, we are confident that, by empowering the ..... consists of money damages. see e. farnsworth, contracts 12.20, p. 911 (1982). accordingly, in acme process equipment co. v. united states, 171 ct.cl. 324, 357-358, 347 f.2d 509, 529 (1965), the court of claims held that it had jurisdiction over claims for restitution, since they are not ..... v. united states, 323 u. s. 588 (1945), and chesapeake & ohio r. co. v. united states, 283 u. s. 35 (1931). [ footnote 39 ] as noted above, see n 31, supra, litigation in the claims court can offer precisely the kind of "special and adequate review procedures" that are needed to remedy ..... 'relief other than money damages,' and therefore within the waiver of sovereign immunity in section 702." 246 u.s.app.d.c. at 186-187, 763 f.2d at 1447-1448. thus, the combined effect of the 1970 hearing and the 1976 legislative materials is to demonstrate conclusively that the exception for an .....
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