Court : US Supreme Court
..... to the contrary, in pennington v. fourth nat. bank, 243 u. s. 269 , 243 u. s. 271 (1917), we said: "the fourteenth amendment did not, in guaranteeing due process of law, abridge the jurisdiction which a state possessed over property within its borders, regardless of the residence or presence of the owner. that jurisdiction extends alike to tangible ..... ] i recognize, of course, that identifying a corporation as a resident of the chartering state is to build upon a legal fiction. in many respects, however, the law acts as if state chartering of a corporation has meaning. e.g., 28 u.s.c. 1332(c) (for diversity purposes, a corporation is a citizen of the state ..... of title, action, attachment garnishment and jurisdiction of all courts held in this state, but not for the purpose of taxation, the situs of the ownership of the capital stock of all corporations existing under the laws of this state, whether organized under this chapter or otherwise, shall be regarded as in this state." [ footnote 10 .....
Tag this Judgment!Court : US Supreme Court
..... island from 1892 to 1907. the exact number is uncertain, but it is undisputed that they were solemnized under new york law.5 moreover, after a 1907 amendment to new york's domestic relations law, ellis island residents obtained their marriage licenses at city hall in new york city. fiorello la guardia, who served as an ..... gsa noted sanguinely that "[t]he question of whether the property will be subject to taxes by the state of new jersey when it becomes eligible for taxation is one to be resolved between the state of new jersey and the grantee after the disposal of the property has been consummated by the united states," ..... patrick dealmeida, and rachel horowitz, deputy attorneys general. jeffrey p. minear argued the cause for the united states as amicus curiae. with him on the brief were acting solicitor general waxman, assistant attorney general schiffer, and deputy solicitor general kneedler. daniel smirlock, assistant attorney general of new york, argued the cause for defendant. with him .....
Tag this Judgment!Court : US Supreme Court
..... the intangible right of honest services, is vague, and therefore violates the due process clause of the fifth amendment. the court strikes a pose of judicial humility in proclaiming that our task is not to destroy the act but to construe it, ante , at 43 (internal quotation marks omitted). but in transforming the prohibition ..... loyalty and fidelity that inhere in the employment relationship, lemire , supra , at 1336. the decision mcnally reversed had grounded the duty in general (not jurisdiction-specific) trust law, see gray , supra , at 1294, a corpus juris festooned with various duties. see, e.g., restatement (second) of trusts 169 185 (1976). another pre- ..... 43 ] to preserve the statute without transgressing constitutional limitations, we now hold that 1346 criminalizes only the bribe-and-kickback core of the pre- mcnally case law.[ footnote 44 ] 3 the government urges us to go further by locating within 1346 s compass another category of proscribed conduct: undisclosed self-dealing by a .....
Tag this Judgment!Court : US Supreme Court
..... inholdings of non-federal land ); see also wilkie v. robbins , 551 u. s. 537 , 541 543 (2007). footnote 7 see taylor grazing act, 48 stat. 1269, as amended, 43 u. s. c. 315 et seq.; general mining act of 1872, rev. stat. 2319, 30 u. s. c. 22; andrus v. shell oil co. , 446 u. s. 657 , ..... expressly prohibited by the prior injunction, in order to achieve the intended objective of the injunction. the plurality correctly notes that a court must never ignore significant changes in the law or circumstances underlying an injunction, ante , at 10 (quoting 11a c. wright, a. miller, & m. kane, federal practice and procedure 2961, pp. 393 394 ( ..... be objectionable for a different reason (an illicit governmental purpose). ordering relief under such circumstances was improper. the court failed to consider whether the change in law and circumstances effected by the land-transfer statute had rendered the reasonable observer standard inappropriate to resolve the dispute. nor did the court attempt to reassess .....
Tag this Judgment!Court : US Supreme Court
..... the statute. [ footnote 22 ] again, it page 285 u. s. 56 cannot be maintained that the congress has any general authority to amend the maritime law so as to establish liability without fault in maritime cases, regardless of particular circumstances or relations. it is unnecessary to consider what circumstances or relations ..... foreign to industrial accident litigation. it is not to be assumed that congress, having power to amend and revise the maritime law, is prevented from modifying those criteria and enlarging the liability imposed by this act so as to embrace all persons who are engaged or engage themselves in the work of another, ..... illustrations of administrative agencies created for the determination of such matters are found in connection with the exercise of the congressional power as to interstate and foreign commerce, taxation, immigration, the public lands, public health, the facilities of the post office, pensions, and payments to veterans. [ footnote 13 ] the present case does .....
Tag this Judgment!Court : US Supreme Court
..... . . . , the ability of all citizens to move quickly and at a reasonable cost [has become] an urgent national problem." concurrently, the clean air act, as amended, 42 u.s.c. 1857 et seq., advocated the curtailment of air pollution through the development of transportation control strategies that place heavy emphasis on rapid transit alternatives ..... state. for example, in virtually every decided contract clause case, the government could have exercised the court's "lesser alternative" of resorting to its powers of taxation as a substitute for modifying overly restrictive contracts. ante at 431 u. s. 30 n. 29. nothing, at least on the level of abstraction and ..... interfere with." in my view, therefore, appellant should be held to have purchased the authority's bonds subject to the knowledge that under new jersey law the state's obligation was conditionally undertaken subject to reasonable future legislative action. the record raises similar doubts and ambiguities. thus, state senator farley, who .....
Tag this Judgment!Court : US Supreme Court
..... fails to provide any clear and manifest indication that congress sought to supplant local authority over pesticide regulation impliedly. the argument that the 1972 amendments transformed the act into a page 501 u. s. 599 comprehensive statute that occupied the entire pesticide regulation field, and that certain provisions, including 136v( ..... for the health, safety, welfare, and convenience of the public, and may carry its powers into effect by license, regulation, suppression, borrowing, taxation, special assessment, appropriation, fine, imprisonment, and other necessary or convenient means. the powers hereby conferred shall be in addition to all other grants ..... federal insecticide, fungicide, and rodenticide act (fifra or act), 7 u.s.c. 136 et seq., was primarily a pesticide licensing and labeling law until 1972, when it was transformed by congress into a comprehensive regulatory statute. among other things, the 1972 amendments significantly strengthened the preexisting registration and .....
Tag this Judgment!Court : US Supreme Court
..... retain inherent sovereign power to exercise some forms of civil jurisdiction over non- indians on their reservations, even on non-indian fee lands. a tribe may regulate, through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements ..... of significant respects. to start with the most obvious one, it has been understood for more than a century that the bill of rights and the fourteenth amendment do not of their own force apply to indian tribes. see talton v. mayes, 163 u. s. 376, 382-385 (1896); f. cohen, handbook ..... tribes attempt to obstruct state officials' efforts to secure or execute the search warrants. quite the contrary, the record demonstrates that judicial and law enforcement officials from the state and the tribes acted in full cooperation to investigate an off-reservation crime. ante, at 355-357; 944 f. supp., at 1458-1459. in this case .....
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