Court : US Supreme Court
..... underlying the state or political subdivision's use of such voting qualification, prerequisite to voting, or standard, practice or procedure is tenuous." s.rep. at 28-29. the district court applied the "totality of the ..... .7% of whites were registered. the district court found these statewide depressed levels of black voter registration to be present in all of the disputed districts, and to be traceable, at least in ..... is essential to much if not most major federal legislation, and confidence that the federal courts will enforce such compromises is indispensable to their creation. i believe that the court today strikes a different ..... that congress intended to mandate a single, universally applicable page 478 u. s. 95 standard for measuring undiluted minority voting strength, regardless of local conditions and regardless of the extent of past ..... and polarized voting, 17 urb.law. 369 (summer 1985); grofman, migalski, & noviello, the "totality of circumstances test" in section 2 of the 1982 extension of the voting rights act: a social science perspective, 7 law & policy 199 (apr.1985) (hereinafter grofman, ..... from minority-preferred candidates to an extent that consistently ensures their defeat is entitled to significant weight in plaintiffs' favor. however, if plaintiffs direct their proof solely towards the minority group ..... significant. [ footnote 22 ] finally, adopting dr. grofman's terminology, see page 478 u. s. 54 tr.195, the court found that, in all but 2 of the 53 elections, [ footnote 23 .....
Tag this Judgment!Court : US Supreme Court
..... -of-state broadcast signals, which, under fcc regulations, must also be carried in full. enforcement of oklahoma's ban also would affect nonbroadcast cable services, a source of cable programming over ..... the subject areas this agency has preempted include, of course, signal carriage, pay cable, leased channel regulations, technical standards, access, and several aspects of franchisee responsibility. . . . non-federal officials have responsibility for the non-operational ..... aluminum, 445 u.s. at 445 u. s. 110 . when this limited interest is measured against the significant interference with the federal objective of ensuring wide-spread page 467 u. s. ..... 506(2) (1981), the definition of "beer" includes only beverages containing more than 3.2% alcohol by weight, 506(3). because beer sometimes contains less than 3.2% alcohol, oklahoma has determined that beer commercials need ..... rep. no. 94-1476, p. 89 (1976). [ footnote 13 ] section page 467 u. s. 710 111 of the 1976 act codifies the solution devised by congress. it establishes a program of compulsory copyright ..... comprising the secondary transmission is permissible under the rules, regulations, or authorizations of the federal communications commission." 17 u.s.c. 111(c)(1). [ footnote 15 ] as the house committee report explained: ..... -of-way, franchisee selection and conditions of occupancy and construction." duplicative and excessive over-regulation -- cav, 54 f.c.c.2d 855, 863 (1975). [ footnote 9 ] the commission explained its initial decision .....
Tag this Judgment!Court : US Supreme Court
..... equality, however, may be impossible to achieve in an imperfect world; therefore, the "equal representation" standard is enforced only to the extent of requiring that districts be apportioned to achieve population equality "as nearly as ..... no de minimis population variations which could practicably be avoided but which nonetheless meet the standard of art. i, sec. 2 without justification. [ footnote 6 ] page 462 u. s. 735 b ..... -weighted center of gravity to each of its points, see kaiser, an objective method for establishing legislative districts, 10 midwest j.pol.sci. 200-223 (1966); weaver & hess, a procedure ..... however, because there are a number of possible baseline measures for a party's strength, including voter registration and past vote-getting performance in one or more election contests. ..... from district to district, there is no point for a court of law to act under an unproved assumption that such tiny differences between redistricting plans reflect actual differences ..... standard cannot eliminate gerrymandering but may reduce the band of discretion available to those drawing district boundaries). it is, of course, possible to dilute a group's voting strength even if all districts are relatively compact. engstrom, supra, n. 8, at 280. [ footnote 2/17 ] see taylor, a new shape measure ..... nonconvex district, see taylor, supra, n. 17; the aggregate length of district boundaries, see common cause, toward a system of "fair and effective representation" 54-55 (1977); adams, statute: a model .....
Tag this Judgment!Court : US Supreme Court
..... by its brief exposition of the power conferred, suggests that congress did not depart from the conventional pattern of ratemaking when it enacted the measure: "this section [ 406] empowers the authority to fix mail rates, and sets forth the congressional policy to guide the authority in fixing such rates, ..... true of the methods specified in 406(a) for ascertaining the rates of compensation -- "aircraft-mile, pound-mile, weight, space, or any combination thereof, or otherwise. . . ." special standards for ratemaking are also prescribed. the board is authorized to consider "the conditions peculiar to transportation by aircraft and to ..... postal service, and of the national defense. all of the provisions of this act shall be administered and enforced with a view to carrying out the above declaration of policy." [ footnote 5 ] the other ratemaking provisions of the act likewise follow the conventional pattern. see 1002(d) and (e). [ footnote ..... and published tariffs, which may be altered only after hearing and notice and only prospectively. section 1002 provides that the board may institute proceedings to modify these rates and may, after prescribed procedures, set the rates thereafter to be charged. thus, when congress was dealing with utility rates ..... the postal service, and the national defense." the civil aeronautics board took the place of the authority on june 30, 1940. see 54 stat. 1235. [ footnote 2 ] see 6 c.a.b. 595. [ footnote 3 ] see note 1 supra. [ footnote 4 ] see 1 .....
Tag this Judgment!Court : US Supreme Court
..... proclaimed by congress, to promote adequate, economical and efficient railway transportation service. interstate commerce act, preceding 1, 54 stat. 899. enforcement of the law in arizona, while train lengths remain unregulated or are regulated by varying standards in other states, must inevitably result in an impairment of uniformity of efficient railroad operation, ..... here are the nature and extent of the burden which the state regulation of interstate trains, adopted as a safety measure, imposes on interstate commerce, and whether the relative weights of the state and national interests involved are such as to make inapplicable the rule, generally observed, that the free ..... body has erroneously resolved disputed facts in finding a danger great enough to justify the passage of the law. this new pattern of trial procedure makes it necessary for a judge to hear all the evidence offered as to why a legislature passed a law, and to make ..... dept. v. barnwell bros. supra, 303 u. s. 185 , n.; mcgoldrick v. berwind-white co., 309 u. s. 33 , 309 u. s. 46 , n.; cf. 17 u. s. maryland, 4 wheat. 316, 428; pound v. turck, 95 u. s. 459 , 95 u. s. 464 ; gloucester ferry co. v. pennsylvania, 114 u. s ..... c. 523. paragraph 15 of 1 of the interstate commerce act empowers the commission, when it is "of opinion that shortage of equipment, congestion of traffic, or other emergency requiring immediate action exists in any page 325 u. s. 765 section of the country," to make or suspend rules and practices .....
Tag this Judgment!Court : US Supreme Court
..... "adequate to meet" the national needs. 54 stat. 899. those standards are specifically referred page 321 u. s. 93 to in 5(2)(c), where an itemization of some of the factors to which the commission shall give weight is made. and the preamble itself states that "all of the provisions of this act shall be administered and enforced with a view to carrying out ..... the national defense, and cooperate with the several states and the duly authorized officials thereof and with any organization of motor carriers in the administration and enforcement of this part." 49 stat. 543, 202. [ footnote 17 ] no motor carrier can operate in interstate commerce without a certificate of public convenience and necessity, 49 u.s.c. 306, 49 stat. 551, 52 stat ..... . [ footnote 22 ] and, in authorizing those consolidations, it did not import the general policies of the antitrust laws as a measure of their permissibility. [ footnote 23 ] it in terms relieved participants in appropriate mergers from the requirements of those laws. section 5(11). in doing so, it presumably took into account the fact that the business affected is subject to strict regulation ..... ) u.s. supreme court mclean trucking co. v. united states, 321 u.s. 67 (1944) mclean trucking co. v. united states no. 31 argued november 12, 15, 1943 decided january 17, 1944 321 u.s. 67 appeal from the district court of the united states for the southern district of new york syllabus 1. orders of the interstate commerce commission authorizing .....
Tag this Judgment!Court : US Supreme Court
..... the sum of one hundred dollars for each subsequent offense." "sec. 9. the state chemist is hereby empowered to prescribe and enforce such rules and regulations relating to concentrated commercial feeding stuff as he may deem necessary to carry into effect the full intent and meaning of this act, and to refuse the registration of any feeding stuff under a name which would be ..... , chloral hydrate, or acetanilid, or any derivative or preparation of any of such substances contained therein." "third. if in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package." "fourth. if the package containing it or its label shall bear any statement, design, or device regarding ..... have reached their destinations, provided they remain unloaded, unsold, or in original unbroken packages." hipolite egg co. v. united states, 220 u. s. 45 , 220 u. s. 54 . to determine the scope of the act with respect to feeding stuffs, we must examine its definitions of the adulteration and misbranding of food, the term "food" including "all articles used for food, drink ..... which the bill seeks to enjoin are not in any way in conflict with the provisions of the federal act. they may be sustained without impairing in the slightest degree its operation and effect. there is no question here of conflicting standards, or of opposition of state to federal authority. it follows that the complainant's bill in this aspect of the .....
Tag this Judgment!Court : Supreme Court of India
..... measures against members of the criminal tribes, including rigorous imprisonment extending from six months (in first 140 section 6, criminal tribes act, 1871. 141 section 9, criminal tribes act, 1871. 142 section 10, criminal tribes act, 1871. 143 section 12, criminal tribes act, 1871. 144 sections 13, 14, criminal tribes act, 1871. 145 section 17, criminal tribes act, 1871. 146 section 18(ii), criminal tribes act, 1871. 147 section 18 (viii), criminal tribes act, 1871. 148 section ..... to the prisoners in accordance with the provisions of the legal services authorities act, 1987 and the relevant standard operating procedure.312 xix. the future of substantive equality & institutional discrimination 228 what ..... the notice of the superintendent of police. (6) when intimation respecting a prisoner s police-registration is received from the police after his name has been entered in admission register and release diaries ..... british non-interference as follows: the cases show widespread acquiescence by local authorities in the enforcement of these disabilities and suggest that active governmental support of these practices at a local ..... of justice has always been that we dream alone but we live together. 313 311 section 54 312 section 56 313 jamal greene, how rights went wrong: why our obsession with rights is tearing ..... writings and speeches, vol. 1, p. 256 64 soosai v. union of india, 1985 supp scc59065 ibid 33 part vii disabilities, restrictions, conditions and prohibitions on dalits for access .....
Tag this Judgment!Court : Supreme Court of India
..... fir could be registered, could it be said that the said person is not liable under section 15, because at the time of registration of the fir, such material no longer existed on the device of the person accused?. ..... section 54 of the act can only be raised after the prosecution has established that the accused was found to be in possession of the contraband in a search conducted in accordance with the mandate of section 50. (emphasis supplied) 162. in seema silk sarees v. directorate of enforcement ..... state, such as section 35 of the narcotic drugs and psychotropic substances act, 1985 (for short, the ndps act ), section 138a of the customs act, 1962 (for short, the customs act ), section 278e of the income tax act, 1961 (for short, the act, 1961 ) to ..... technology neutrality from its present technology specific form in consonance with development all over the world, security practices and procedures for protection of critical information infrastructure, emergence of new forms of computer misuse like child pornography, video voyeurism, ..... of children prescribes a set of standards that have to be ensured by all state parties including india to secure the best interest of the child and to specifically undertake preventive measures against any form of exploitation of ..... consequences (university of michigan press, 2016). 5 tali gal, child victims and restorative justice a needs rights model, 17 (oxford university press, 2011) criminal appeal nos. 2161-2162 of 2024 page 168 of 199 term suggests a .....
Tag this Judgment!Court : Supreme Court of India
..... the fact that section 25 allows recovery of royalty due to the government under the mmdr act or under the terms of the contract as arrears of land does not make royalty an impost enforceable by law. section 25 is a standard recovery provision allowing the ..... for assessing the amount of tax is within the legislative domain.358 the quantification or measurement of liability is done on the basis of the procedures laid down by the competent legislature.359 in situations where the legislature selects one method out ..... arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth.111 section 2(6) of the registration act defines immoveable property to include land, buildings, hereditary allowance, rights of way, lights, ferries, fisheries, or any ..... if there are minerals underground. 244 in tata chemicals ltd. v. state of gujarat,245 the gujarat mineral rights tax act 1985 imposed a tax on the mineral rights of holders of mining leases in respect of minerals specified in the schedule.246 ..... to whom he gives the concession to remove them, and the charge is on production, the rate being fixed according to weight. (emphasis added) 98. the essential characteristics of royalty are that (i) it is a consideration or payment made to ..... 92 of 193 17. entry 50 in list ii which authorises the levy of tax on mineral rights is subject to limitations imposed by parliament by law relating to mineral development made in exercise of its power under entry 54 of list i. .....
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