Court : US Supreme Court
Decided on : Jun-29-1988
..... . rooted in our jurisprudence." bourjaily v. united states, 483 u. s. 171 , 483 u. s. 183 (1987) (citing dutton v. evans, 400 u. s. 74 (1970)). the exception created by the iowa statute, which was passed in 1985, could hardly be viewed as firmly rooted. since there have been no individualized findings that these particular witnesses ..... confrontation clause of the sixth amendment, which gives a defendant the right "to be confronted with the witnesses against him." appellant was convicted of two counts of lascivious acts with a child, and the iowa supreme court affirmed. held: 1. the confrontation clause, by its words, provides a criminal defendant the right to "confront" ..... of the most difficult problems to detect and prosecute, in large part because there often are no witnesses except the victim." pennsylvania v. ritchie, 480 u. s. 39 , 480 u. s. 60 (1987). once an instance of abuse is identified and prosecution undertaken, new difficulties arise. many states have determined that a child .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1988
..... constitutional inquiry. lemon v. kurtzman, 403 u.s. at 403 u. s. 613 , quoting walz v. tax comm'n, 397 u. s. 664 , 397 u. s. 674 (1970). i accept the majority's conclusion that "[t]here is no doubt that the monitoring of afla grants is necessary . . . to ensure that public money is to be spent . . . ..... a determination of whether any of the grants made pursuant to the statute violate the establishment clause requires further proceedings in the district court. i the adolescent family life act (afla or act), pub.l. 97-35, 95 stat. 578, 42 u.s.c. 300z et seq. (1982 ed. and supp. iv), was passed by congress in 1981 ..... , 374 u. s. 223 (1963) (holding unconstitutional daily reading of bible verses and recitation of the lord's prayer in public schools); stone v. graham, 449 u. s. 39 (1980) (holding unconstitutional posting of ten commandments despite notation explaining secular application thereof). [ footnote 2/10 ] it is true, of course, that the court has recognized that the constitution .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1988
..... ); id. at 408 u. s. 312 (rarity of imposition indicates arbitrariness; "a penalty with such negligible returns to the state would be patently excessive," and therefore violate the eighth amendment) (white, j., concurring); id. at 408 u. s. 314 (white, j., concurring); see ..... murder was especially heinous, atrocious, or cruel; and that there was a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society. the jury found the first, but not the second, ..... , p. 5 (1986); id. capital punishment 1984, p. 6 (1985); streib, supra, n. 36, at 168-169. [ footnote 39 ] for example, one might observe that, of the 80,233 people arrested for willful criminal homicide who were over the age of 16, 1 ..... ser.k/xvi/1.1, doc. 65, rev. 1, corr. 2 (1970) (signed but not ratified by the united states), reprinted in 9 international legal material 673, 676 (1970); article 68 of the geneva convention relative to the protection of civilian persons in .....
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-12-1988
..... 's objectives. cf. adickes v. s. n. kress & co., 398 u. s. 144 , 398 u. s. 149 -150, and n. 5 (1970) (private restaurant that denied plaintiff service in violation of federal law would be liable as state actor upon proof that it conspired with police officer to deprive plaintiff of ..... neither unlv's decision to adopt the ncaa's standards nor its minor role in their formulation is a sufficient reason for concluding that the ncaa was acting under color of nevada law when it promulgated standards governing athlete recruitment, eligibility, and academic performance. tarkanian further asserts that the ncaa's investigation, enforcement ..... is organized and operated pursuant to provisions of nevada's state constitution, statutes, and regulations. in performing their official functions, the executives of unlv unquestionably act under color of state law. the ncaa is an unincorporated association of approximately 960 members, including virtually all public and private universities and 4-year colleges .....
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