Court : US Supreme Court
Decided on : Mar-07-1983
..... in the possibility that government officials will maliciously deprive citizens of their rights. [ footnote 2/45 ] for my part, i cannot conceive in this case how patent violations of individual rights can be tolerated in the name of the public good. "the very essence of civil liberty certainly consists in the right of every individual ..... sympson, cro.eliz. 520, 78 eng.rep. 769 (q.b. 1596). [ footnote 2/27 ] see kates, immunity of state judges under the federal civil rights acts, 65 nw.u.l.rev. 615, 622-623 (1970). [ footnote 2/28 ] see cong.globe, 39th cong., 1st sess., 1680 (1866). [ footnote 2/29 ] id. at 1758. [ footnote 2/30 ] ..... powerful. most significantly, judges and prosecutors must exercise a substantial amount of discretion in performing their official functions, while witnesses sworn to tell the truth do not. see n. 39, infra. in addition, we have only extended qualified immunity to police officers for the performance of many of their other duties. see pierson, supra, at 386 u. s .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-07-1983
..... ). at that point, congress intervened for the first and only time. it enacted the forerunner of 111 of the present code, ch. 619, title i, 116(a), act of oct. 21, 1942, 56 stat. 812, using language that, by implication, acknowledges the propriety of the inclusionary component by explicitly mandating the exclusionary component. [ footnote 2 ..... provisions, e.g., pub.l. 95-600, 92 stat. 2904 (amending 337); pub.l. 95-628, 92 stat. 3628 (same), but it did not act to change this longstanding, universally accepted rule. if the construction of the language in 337 as permitting recognition in these circumstances has the acquiescence of congress, lorillard v. pons ..... dame law. 215, 221 (1980); note, tax treatment of previously expensed assets in corporate liquidations, 80 mich.l.rev. 1636, 1638-39 (1982); cf. spitalny v. united states, 430 f.2d 195 (ca9 1970) (when deduction and liquidation occur within a single year, though tax benefit rule does not apply, principle does). congress has recently under .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-31-1983
..... "[t]he homestead in a city, town or village, shall consist of lot, or lots, not to exceed in value ten thousand dollars ['five thousand dollars' before 1970], at the time of their designation as the homestead, without reference to the value of any improvements thereon; provided that the same shall be used for the purposes of ..... property, whether real or personal, belonging to such person. [ footnote 2 ]" section 7403, whose basic elements go back to revenue legislation passed in 1868 ( 106 of the act of july 20, 1868, ch. 186, 15 stat. 167) is one of a number of distinct enforcement tools available to the united states for the collection of delinquent taxes. ..... parties with independent possessory rights in the property being sold. this difference, however, only strengthens the case for the existence of judicial discretion in 7403 proceedings. [ footnote 39 ] this is not to say that a forced sale may not be temporarily postponed, or made subject to an upset price, in order to do justice in an .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-02-1983
..... 1973); op. no. 76-94, 1975-1976 biennial report of the atty. gen. of s.d. 660, 662 (1976); op. no. 2825, 1969-1970 annual report & official opinions of the atty.gen. of s.c. 39, 40 (1970); op. no. 59-146, 1915-1971 ariz.atty.gen.reports & opinions 218, 220 (1959); in re vancurran, 18 ed.dept.rep. 523, 524 ..... /1 ] although texas law recognizes the legal ties between a child and his custodian -- for example, a custodian may consent to necessary medical treatment for the child and may act on behalf of the child in legal matters, tex.fam.code ann. 35, 51-54 (1975) -- a custodian is not considered an "other person having lawful control of ..... upheld a domicile requirement for resident tuition rates at the university of minnesota. starns v. malkerson, 401 u.s. 985 (1971), summarily aff'g 326 f.supp. 234 (minn.1970) (three-judge court). the governing regulations declared: "no student is eligible for resident classification in the university . . . unless he has been a bona fide domiciliary of the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jul-05-1983
..... clauses. 1 b. schwartz, the bill of rights: a documentary history 231-236 (1971); s. cobb, the rise of religious liberty in america 491-492 (1970). virginia was also among the first to disestablish its church. both before and after disestablishment, however, virginia followed the practice of opening legislative sessions with prayer. ..... clause to mean, but also on how they thought that clause applied to the practice authorized by the first congress -- their actions reveal their intent. an act "passed by the first congress assembled under the constitution, many of whose members had taken part in framing that instrument, . . . is contemporaneous and weighty ..... might look "nonsectarian" to nine justices of the supreme court, will inevitably and continuously involve the state in one or another religious debate. [ footnote 2/39 ] prayer is serious business -- serious theological business -- and it is not a mere "acknowledgment of beliefs widely held among the people of this country" for .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jul-01-1983
..... litigated judgments. see brief for petitioner 20-21, n. 13 (citing four 1976 civil rights cases, three foia cases decided in 1976 and one in 1977). indeed, even before the 1970 act was passed, the "prevailing party" standard had not always been construed narrowly to exclude such plaintiffs. see parham v. southwestern bell tel. co., 433 f.2d 421, 429-430 ..... which nonprevailing parties will meet such criteria may be exceptional, . . . sierra club is such an occasion." 217 u.s.app.d.c. at 186, 672 f.2d at 39. [ footnote 2/8 ] sierra club, the court noted, was the only party to brief and advocate opposition to a variable standard, an issue conceded by epa to be critically ..... the prevailing party is mandatory, see, e.g., 15 u.s.c. 15(1976 ed., supp. v) (clayton act); that the court shall have authority to allow fees "in exceptional cases," see, e.g., 35 u.s.c. 285 (patent cases); or that an award should normally be made to a successful plaintiff "absent exceptional circumstances," see, e.g., 42 .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1983
..... though that individual was not granted any relief." house report 8 (citing parham v. southwestern bell telephone co., 433 f.2d 421 (ca8 1970), and reed v. arlington hotel co., 476 f.2d 721 (ca8 1973)). note that, in reed, the court of appeals awarded "reasonable ..... prevailing party, other than the united states, a reasonable attorney's fee as part of the costs." civil rights attorney's fees awards act of 1976, 90 stat. 2641. section 1988 was drafted based on congress' experience with over 50 fee-shifting provisions in other statutes, ..... defendants during the course of litigation. see id. at 192-193 (treatment plans), 190-191 (staff); compare deposition of h. bratkowski 12-13, 39, reprinted in brief in opposition 8, n. 10, 12, with app. 106-114, 120-121 (increase in staff during litigation). it is ..... product falls outside of a rough "zone of reasonableness," or unless the explanation articulated is patently inadequate. cf. permian basin area rate cases, 390 u. s. 747 , 390 u. s. 767 (1968). .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-30-1983
..... the years since our first decree in this case. in 1977, the fort mojave tribe obtained a stipulated judgment in its favor against the assignees of a railroad patent grant. nearly a section of land was thereby added to the reservation, 500 acres of which, it is claimed, are irrigable. also, since 1964, there has ..... for the future -- final report to the president and to the congress of the united states 475. president nixon admitted as much in a 1970 message to congress: "the united states government acts as a legal trustee for the land and water rights of american indians. these rights are often of critical economic importance to the indian ..... arizona to go forward with the central arizona project, a massive public works effort to make colorado river water available to agricultural interests in central arizona. tuttle report 38-39; meyers, the colorado river, 19 stan.l.rev. 1, 73 (1966) (hereinafter meyers). that purpose has been accomplished. the central arizona project was authorized in .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-02-1983
..... competence and special reasons to limit the powers of the states. it is significant, however, that, while we there sustained the portions of the voting rights act amendments of 1970 lowering the minimum age of voters from 21 to 18 in federal elections, barring literacy tests in state and federal elections, and prohibiting states from disqualifying voters ..... significance that congress has not placed similar limits on itself in the exercise of its own sovereign powers. accordingly, i would hold the age discrimination in employment act (age act) unconstitutional as applied to the states, and affirm the judgment of the district court. i i begin by analyzing the commerce clause rationale, for it was ..... 65); neb.rev.stat. 81-2025(2) (1981) (patrolmen; 60); n.y.retire. & soc.sec.law 381-b(e) (mckinney supp.1982-1983) (police; 65); n.d.cent.code 39-03.1-18 (1980) (highway patrol; 60); ohio rev.code ann. 5505.16 (supp.1982) (highway patrol; 55); okla.stat., tit. 47, 2-305a (supp.1982-1983) (police; .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-11-1983
..... employee's lost earnings after the date on which an arbitral decision would have reinstated or otherwise compensated the employee. in the "but for" sense, of course, this is patently false, as the court concedes. ante at 459 u. s. 223 . but for the employer's breach of contract, there would be no occasion for anyone to reimburse ..... u.s.c. 185. because the employer in the present case is the united states postal service, petitioner bowen's action technically arises under 2 of the postal reorganization act, 39 u.s.c. 1208(b), which is identical to 301 in all relevant respects. [ footnote 2/3 ] justice stewart filed a two-paragraph concurring opinion in hines, in ..... under the arbitration clause. see republic steel, 379 u.s. at 379 u. s. 653 . iii the union contends that czosek v. o'mara, 397 u. s. 25 (1970), requires a different reading of vaca and a different weighing of the interests our cases have developed. czosek, however, is consistent with our holding today. [ footnote 17 ] in czosek, .....
Tag this Judgment!