Court : US Supreme Court
..... to settled precedent. during the 28 years from the enactment of the flsa through 1966, it appears that no secretary of labor ever sought an injunction against the sale of "hot goods" in circumstances such as these. see wirtz v. powell knitting mills co., 360 f.2d 730, 733 (ca2 1966). when a secretary did attempt to use ..... "(1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or ..... of a business failure. under the court's novel reading of the act, any such sale -- whether by a secured creditor, a trustee in bankruptcy, or even by a creditor's committee trying to raise funds to meet a shortage in the final payroll -- would be a sale of "hot goods," and therefore illegal. [ footnote 2/2 ] as judge engel .....
Tag this Judgment!Court : US Supreme Court
..... of the offense, but the right attached only by the conviction of the offender. the necessary result was that in every case where the crown sought to recover such goods and chattels, it was indispensable to establish its right by producing the record of the judgment of conviction. in the contemplation of the common law, the offender's ..... of objection is of a far more important and difficult nature. it is well known that at the common law, in many cases of felonies, the party forfeited his goods and chattels to the crown. the forfeiture did not, strictly speaking, attach in rem, but it was a part, or at least a consequence, of the judgment of ..... the district into which such captured vessel shall be brought, and the same court shall thereupon order a sale and distribution thereof accordingly, and at their discretion." the brig palmyra is an armed vessel, asserting herself to be a privateer and acting under a commission of the king of spain, issued by his authorized officer at the island of .....
Tag this Judgment!Court : US Supreme Court
..... p. 283 u. s. 565 . 4. a state statutory provision which requires those who operate motor vehicles on the highways in the transportation of goods for hire to furnish a bond or insurance policy for the protection of the public against injuries received through negligence in such operation, but which does not ..... the state railroad commission, of "auto transportation companies." these companies are thus defined in 1(h): "the term 'auto transportation company,' when used in this act, means every corporation or person, their lessees, trustees or receivers, owning, controlling, operating or managing any motor propelled vehicle not usually operated on or over rails ..... his contract with his employer whose goods he carries, and if we consider only the provision for the protection of the public with respect to the use of the highways, another constitutional difficulty is encountered -- that is, of an unconstitutional discrimination. if the provisions of the act were treated as severable, and requirements .....
Tag this Judgment!Court : UK Supreme Court
..... example). although the periods of protection accorded to the less privileged types have been progressively extended, copyright protection has always been much more generous. there are good policy reasons for the differences in the periods of protection, and the court should not, in our view, encourage the boundaries of full copyright protection to ..... (2) "sculpture" includes a cast or model made for purposes of sculpture. 10. sections 51 and 52 are in part i, chapter iii of the 1988 act (acts permitted in relation to copyright works). chapter iii contains a variety of exemptions from liability on general grounds, including fair dealing (sections 29-31) and educational, archival ..... appeal, used his original tools to make versions of the imperial stormtrooper helmet and armour, and other artefacts that it is not necessary to detail, for sale to the public. the second respondent is a private company owned by mr ainsworth but for practical purposes mr ainsworth can be treated as the only .....
Tag this Judgment!Court : UK Supreme Court
..... to any other building. it is that, once a planning authority has allowed the four year period for enforcement against the building to pass, principles of fairness and good governance could, in appropriate circumstances, preclude it from subsequently taking enforcement steps to render the building useless. the secretary of state and mr beesley rely heavily upon ..... used in the cases, because references to "non-use" may mean, as in hartley, no more than non-use as a site for selling cars (the token sales of five cars being held de minimis), and not that the site had no use in hartley it continued throughout to be used as a petrol station. but, ..... his application for a lawful development certificate, the secretary of state in december 2010 published the localism bill which, if enacted, will by section 104 amend the 1990 act by inserting three new subsections (171ba, 171bb, and 171bc) expressly to deal with issues of concealment. without wishing to comment on the details of these provisions, i .....
Tag this Judgment!Court : US Supreme Court
..... kansas, massachusetts, missouri, new jersey, new york, north dakota, rhode island, south dakota, texas, washington, and probably in connecticut and maine, the exception does not cover the sale of goods. kan.gen.stat.ann., 1949, 21-953, state v. haining, 131 kan. 853, 293 p. 952 (1930); mass.gen.laws ann., 1958, c. 136, 6, ..... (1949). following the decision in the gallagher case below, and relying on it, a pennsylvania court of quarter sessions recently held the 1959 pennsylvania sunday retail sales act unconstitutional on the grounds that its incidence is discriminatory and arbitrary, and that it operates to prefer sunday-observing religions. commonwealth v. cavalerro, 142 legal intelligencer ..... is made for a plebiscite among the shopkeepers affected. ( 52, 54(1), par. 2.) the act further excepts the sale and delivery of stores or necessaries to arriving or departing ships and aircraft and of goods to private clubs for club purposes, the cooking before 1:30 p.m. of food brought by customers .....
Tag this Judgment!Court : US Supreme Court
..... , 235 u. s. 23, 26 (1914) , of a vegetarian state as a credible reason to deny congress the authority ever to ban the possession and sale of goods. the chief justice accepts just such specious logic when he cites the broccoli horrible as a reason to deny congress the power to pass the individual mandate. cf. ..... accorded to it under the constitution. the question in this case, however, is whether the complex structures and provisions of the patient protection and affordable care act (affordable care act or aca) go be- yond those powers. we conclude that they do. this case is in one respect difficult: it presents two questions of first ..... insurance risk pool to include healthy individuals ); 18091(2)(j) (working together to signif- icantly reduce administrative costs and lower health insurance premiums ). the act calls the individual mandate an essential part of federal regulation of health insurance and warns that the absence of the requirement would undercut federal regulation of the health .....
Tag this Judgment!Court : US Supreme Court
..... the court was sitting, the judge could order the offenders brought before him and "make such order or orders . . . as is or may be consistent with law, justice and good order." acts and resolutions of the s.c. general assembly, december, 1811, at 33. in lining v. bentham, 2 bay 1 (1796), a justice of the peace had ordered a ..... be correcting a fundamental, but only recently manifested, historical error. [ footnote 4/36 ] an analogous situation is presented by the criminal enforcement of the laws relating to the sale and taxation of liquor. at the time of the constitution, violations of the liquor laws of the various states generally carried with them trivial penalties, and were deemed petty offenses ..... of 1712-1713, c. 195, 2 (five-pound fine); pa.laws of 1719, c. 239, 4 (20-shilling fine); 1756 md.sess.laws, 12 (20-pound fine); unlicensed sale of liquor, see new york laws of 1781, c. 27 (10-pound fine); 1757 md.sess.laws, 6 (30-shilling fine); selling liquor above price fixed, see pa.laws of .....
Tag this Judgment!Court : US Supreme Court
..... in this case, a state trial judge in louisiana ordered the sequestration of personal property on the application of a creditor who had made an installment sale of the goods to petitioner and whose affidavit asserted delinquency and prayed for sequestration to enforce a vendor's lien under state law. the issue is whether the sequestration ..... of destruction or alienation cannot be guarded against if notice and a hearing before seizure are supplied. the notice itself may furnish a warning to the debtor acting in bad faith. third, there is scant support in our cases for the proposition that there must be final judicial determination of the seller's entitlement before ..... more than ascertain the formal sufficiency of the plaintiff's allegations, after page 416 u. s. 633 which the. issuance of the summary writ becomes a simple ministerial act. [ footnote 3/4 ] the third distinction the court finds between this case and fuentes is equally insubstantial. the court says the issues in this case are " .....
Tag this Judgment!Court : US Supreme Court
..... the constitution confines the application of liability without fault to instances where the relation of employment, as so defined, exists. [ footnote 2/17 ] compare louis pisitz dry goods co. v. yeldell, 274 u. s. 112 , 274 u. s. 116 . whether an individual is an employer or an independent contractor depends upon criteria ..... it is equally true that, if lands "never were public property, or had previously been disposed of, or if congress had made no provision for their sale, or had reserved them, the department would have no jurisdiction to transfer them." this court has held that "matters of this kind, disclosing a want of ..... the interstate commerce commission, the federal trade commission, the secretary of agriculture acting under the packers and stockyards act, and the like. [ footnote 2/29 ] logically applied, it would seriously impair the entire administrative process. [ footnote 2/30 ] eighth. no good reason is suggested why all the evidence which benson presented to the district court .....
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