Court : US Supreme Court
..... and settlement for their said interest." the senate amended that resolution by adding thereto this proviso: " provided, however, that neither the passage of the original act of appropriation to pay the choctaw and chickasaw tribes of indians for their interest in the lands of the cheyenne and arapahoe reservation, dated march 3, 1891 ..... willing to have the provisions thereof incorporated into the treaty. we are also willing to incorporate a provision that no individual shall be proscribed, or any act of forfeiture or confiscation passed against those who remain friendly to the united states, and that they shall enjoy equal privileges with other members of the ..... with texas and the indians upon it for such damages as they claim." under date of april 9, 1855, the united states agent for the choctaws, acting under instructions from the commissioner of indian affairs, asked the choctaw delegates, then in washington, for a conference -- submitting to them certain interrogatories to be answered .....
Tag this Judgment!Court : US Supreme Court
..... between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation." the wise men who framed the constitution and the patriotic people who adopted it were unwilling to depend for ..... their relations with their former sovereign are dissolved, and new relations are created between them and the government which has acquired their territory. the same act which transfers their country transfers the allegiance of those who remain in it, and the law, which may be denominated political, is necessarily changed, although ..... it must follow that there can be no foundation for the assertion that, where the treatymaking power has inserted conditions which preclude incorporation until congress has acted in respect thereto, such conditions are void and incorporation results in spite thereof. if the treatymaking power can absolutely, without the consent of congress, incorporate .....
Tag this Judgment!Court : US Supreme Court
..... be, authorized to superintend the construction of said canal, to examine and ascertain the particular sections to which the said state will be entitled under the provisions of this act, and report the same to the secretary of the treasury of the united states." "sec. 3. and be it further enacted, that the said state, under the ..... and locating the canal route from lake michigan to the illinois river, but the duty of determining and adopting a route rested with the commissioners appointed under this state act of 1829, no route having up to that time been adopted. during the years 1823 and 1824 the state, through its above-named engineers, post and paul, ..... commissioners were directed, as soon as practicable and in conjunction with the authorities of the government, to select alternate sections of and granted to the state by the act of congress of 1827, and when the selection was made, it was provided by section seven that the commissioners should proceed to sell the lands thus selected and to .....
Tag this Judgment!Court : US Supreme Court
..... fact that congress regarded the governmental action to have been wrongful. see hawkins v. united states, 96 ct.cl. 357, 369-370 (act of feb. 11, 1936, 49 stat. 2217) (statement in committee report to effect that action was "unmoral, inequitable, and unjust ..... v. united states, 137 ct.cl. 537, 149 f.supp. 152; act of july 16, 1952, 66 stat. a206, involved in griffith v. united states, 135 ct.cl. 278; act of march 19, 1951, 65 stat. 5, involved in board of county comm'rs v. united ..... 1169, involved in breinig bros., inc. v. united states, 124 ct.cl. 645, 110 f.supp. 269; act of oct. 18, 1951, 65 stat. a124, involved in watson v. united states, 135 ct.cl. 145, 146 f.supp. 425. ..... moreover, it has not been uncommon for congress in these statutes specifically to provide that the passage of the act should not be construed as "an inference of liability" on the part of the united states government. see, e.g., act .....
Tag this Judgment!Court : US Supreme Court
..... , a line drawn around those islands and the intervening waters would constitute the "coast" of louisiana within the definition of the submerged lands act. since that act confirms to all states rights in submerged lands three miles from their coasts, the government concedes that louisiana would be entitled not only to the ..... before subcommittee no. 1 of the house judiciary committee on h.r. 5991 and h.r. 5992, 81st cong., 1st sess. 196 (solicitor general perlman); 1951 senate hearings 40, 393 (solicitor general perlman); 97 cong.rec. 9167 (letter from solicitor general perlman introduced by representative celler); 98 cong.rec. 5247 (representatives mansfield ..... applied it. [ footnote 17 ] page 363 u. s. 19 thus, virtually every "quitclaim" measure introduced between 1945 and 1953, when the submerged lands act was ultimately enacted, framed the grant in terms of "lands beneath navigable waters within state boundaries." this framework was employed because the sponsors understood this court to .....
Tag this Judgment!Court : US Supreme Court
..... 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 ..... his status as an employee, because of such individual's age; or" "(3) to reduce the wage rate of any employee in order to comply with this act." the act has roughly parallel provisions covering employment agencies and labor organizations. 4(b), (c), 29 u.s.c. 623(b), (c). in addition, it prohibits employers, ..... by states. representation in the senate is apportioned by states, regardless of population. the full faith and credit clause gives particular recognition to the states' "public acts, records, and judicial proceedings." article iv, 4, requires a republican form of government in each state. the initial ratification of the constitution was accomplished on a .....
Tag this Judgment!Court : US Supreme Court
..... supersede the objects, of the original work." id., at 348. thus expressed, fair use remained exclusively judge-made doctrine until the passage of the 1976 copyright act, in which justice story's summary is discernible: 8 " 107. limitations on exclusive rights: fair use "notwithstanding the provisions of sections 106 and 106a, the ..... , process, system, method of operation, concept, principle, or discovery ... "); feist publications, inc. v. rural telephone service co., 499 u. s. 340 , 359 (1991) ("[f]acts contained in existing works may be freely copied"); harper & row, publishers, inc. v. nation enterprises, 471 u. s. 539 , 547 (1985) (copyright owner's rights exclude facts ..... the cognizable harm is market substitution, not any harm from criticism. as to parody 571 pure and simple, it is unlikely that the work will act as a substitute for the original, since the two works usually serve different market functions. the fourth factor requires courts also to consider the potential market .....
Tag this Judgment!Court : UK Supreme Court
..... to the test which is to be applied when considering whether a gay person who is claiming asylum under the convention relating to the status of refugees 1951, as applied by the 1967 protocol ("the convention") has a well-founded fear of persecution in the country of his or her nationality based on membership ..... point is unacceptable: it supposes that at least some applications for asylum can be rejected on the basis that the particular applicant could find it reasonably tolerable to act discreetly and conceal his sexual identity indefinitely to avoid suffering severe harm. the new zealand refugee status appeals authority observed in re gj [1998] (1995) ..... council directive 2004/83/ec on minimum standards for the qualification and status of third country nationals or stateless persons as refugees ("the qualification directive") states that acts of persecution must "(a) be sufficiently serious by their nature or repetition as to constitute a severe violation of basic human rights or (b) be an .....
Tag this Judgment!Court : US Supreme Court
..... but not to prevent the legislature from amending the charters of corporations already existing and modifying or enlarging their powers either by repealing former restrictions or otherwise. the act of 1870 is therefore constitutional and valid. page 107 u. s. 189 that a devise and bequest "to keep and preserve as a public edifice" a ..... the purpose of collecting, preserving, and diffusing information relating to the history of the state of georgia in particular, and of american history generally, have applied for an act of incorporation." the first section makes them a corporation with the usual powers, and especially "to purchase, take, receive, hold, and enjoy, to them and their ..... to grow due, donations, gifts, grants, privileges, and immunities whatsoever, which shall or may belong to said presbyterian church at the time of the passing of this act, or which shall or may at any time or times hereafter be granted, given, conveyed, or transferred to them, or their successors in office, to have .....
Tag this Judgment!Court : US Supreme Court
..... growers, producers, canners, and the people of florida, rather than benefit them, as found by the legislature. in attacking the legislative finding that the act would bestow benefits on the state of florida, petitioners allege that the law would require petitioners to spend extra money for labels; might cause them to ..... constitutional questions" which require that "the essential facts shall be determined." under this declared "salutary principle" specially applying to bills attacking the constitutionality of legislative acts, such bills must be defended against even though they fail to state a cause of action. this is contrary to the traditional general rule that fatally ..... labeling. it alleged that plaintiffs were without knowledge as to the authority of the commission to postpone the enforcement of the labeling provisions of the act, and had no assurance from any enforcement officer that failure to comply therewith would not result in criminal prosecution or in the confiscation of products .....
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