Court : US Supreme Court
Decided on : Jun-29-1983
..... the framers to include the establishment clause in the bill of rights. see walz v. tax comm'n, 397 u. s. 664 , 397 u. s. 668 (1970). the risk of significant religious or denominational control over our democratic processes -- or even of deep political division along religious lines -- is remote, and when viewed against the ..... of this state may legally fulfill the state's compulsory attendance laws, which is not operated for profit, and which adheres to the provisions of the civil rights act of 1964 and chapter 363. as used in this subdivision, 'textbooks' shall mean and include books and other instructional materials and equipment used in elementary and ..... generally prohibited by law from charging tuition. minn.stat. 120.06 (1982). public schools may assess tuition charges only for students accepted from outside the district. 123.39, subd. 5. in the 1978-1979 school year, only 79 public school students fell into this category. the parents of the remaining 815,000 students who attended .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1983
..... other comments by both senators and congressmen disapproving the court's reasoning and conclusion in gilbert. see n 17, supra. [ footnote 22 ] consistently since 1970, the eeoc has considered it unlawful under title vii for an employer to provide different insurance coverage for spouses of male and female employees. see guidelines on ..... out pregnancy-related benefits for exclusion was nondiscriminatory on its face, because only women can become pregnant, congress has unequivocally rejected that reasoning. the 1978 act makes clear that it is discriminatory to treat pregnancy-related conditions less favorably than other medical conditions. thus, petitioner's plan unlawfully gives married male employees ..... the intent of the congress that enacted [title vii] in 1964 . . . that controls." teamsters v. united states, 431 u. s. 324 , 431 u. s. 354 , n. 39 (1977). see also southeastern community college v. davis, 442 u. s. 397 , 442 u. s. 411 , n. 11 (1979). [ footnote 2/8 ] the court also concedes .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1983
..... of energy is an activity particularly likely to affect more than one state, and its effect on interstate commerce is often significant enough that uncontrolled regulation by the states can patently interfere with broader national interests. see ferc v. mississippi, 456 u. s. 742 , 456 u. s. 755 -757 (1982); new england power co. ..... practice may be another matter. see rea bulletin 111-1, memorandum from rea administrator to all rea electric borrowers, managers, and board presidents (mar. 18, 1970) (complaining that some borrowers had neglected to obtain the necessary review and approval by the rea). as the united states admits in its brief, "the rea ..... its apparent view that congress authorized (or somehow expected) state control over wholesale rates charged by rural cooperatives in the legislative history of the rural electrification act. in particular, it points to statements that cooperatives were to comply with state regulation of retail rates, a power which the states possessed in the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-13-1983
..... adverse actions in the federal civil service were contested. merrill, procedures for adverse actions against federal employees, 59 va.l.rev.196, 198-199 (1973). in 1970, agency appeals succeeded in 20% of removal cases and 24% of demotion cases. before the civil service commission, 47% of those employees who appealed demotions and 24 ..... to protect employees against oppression and in the right of free speech and the right to consult their representatives." [ footnote 23 ] in enacting the lloyd-la follette act, congress weighed the competing policy considerations and concluded that efficient management of government operations did not preclude the extension of free speech rights to government employees. [ footnote ..... employee appeals authority). [ footnote 3 ] id. at f-2 to f-3, e-19, e-7. [ footnote 4 ] id. at e-38 to e-39. petitioner could have obtained judicial review of the authority's determination by filing suit in a federal district court or in the united states court of claims, but did .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-02-1983
..... the riverbed under the equal-footing doctrine. in addition to seeking injunctive, declaratory, and mandamus relief under various federal statutes, north dakota asserted a claim under the quiet title act of 1972 (qta), by which the united states, subject to certain exceptions, has waived its sovereign immunity and has permitted plaintiffs to name it as a party defendant in ..... united states, supra, at 304 u. s. 132 ; weber v. board of harbor comm'rs, supra, at 85 u. s. 68 , 70; united states v. knight, 14 pet. 301, 39 u. s. 314 (1840); j. may, supra, at 29. [ footnote 2/2 ] the lands in controversy here are held in trust for the public by north dakota, see app. to ..... denied, 380 u.s. 914 (1965). one court of appeals, however, construed malone narrowly. see armstrong v. udall, 435 f.2d 38, 42 (ca9 1970); andros v. rupp, 433 f.2d 70, 73-74 (ca9 1970) (holding malone to be inapplicable where the plaintiff has record title to the disputed land). [ footnote 10 ] see hearing on s. 216 et al. before .....
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