Court : US Supreme Court
..... payable to a legitimate child with a surviving parent only if the child proved that he had received more than one-half his support from the deceased employee. act of july 31, 1956, amending title iv, 10(d), 70 stat. 754. [ footnote 8 ] see s.rep. no. 1187, 9th cong., 2d sess., 5 (1966); the federal ..... of the enactment, and it avoids a serious constitutional question. before we conclude our inquiry, however, we must consider whether a 1966 amendment to the statute affected the children's right to recovery. congress enacted the 1966 amendments to the act upon the request of the executive branch's committee on federal staff retirement systems. one of these ..... amendments removed the requirement that children must prove they received one-half of their support from the deceased employee in order to recover survivors' annuities. act of july 18, 1966, title v, 502, 80 stat. 300. congress deleted the .....
Tag this Judgment!Court : US Supreme Court
..... without permission. here, the district court clearly instructed the juries that the prosecution bore the burden of proving that respondents "knowingly committed an act which the law makes a crime," and that they page 444 u. s. 408 acted "knowingly, intentionally, and deliberately. . . ." app. 221-223, 231-233. at a minimum, the juries had to find that ..... of the city of new york 14, 17 (mar.1970 supp.). deliberate indifference to serious and essential medical needs of prisoners constitutes "cruel and unusual" punishment violative of the eighth amendment. estelle v. gamble, 429 u. s. 97 , 429 u. s. 104 (1976). "an inmate must rely on prison authorities to treat his medical needs. . . . ..... of decency." id. at 429 u. s. 103 . it cannot be doubted that excessive or unprovoked violence and brutality inflicted by prison guards upon inmates violates the eighth amendment. see, e.g., jackson v. bishop, 404 f.2d 571 (ca8 1968). the reasons that support the court's holding in estelle v. gamble lead me .....
Tag this Judgment!Court : US Supreme Court
..... adea protection to employees of state and local governments, which occurred at the same time that congress extended coverage to federal employees. because the definitional section of the act was amended to include state and local governments within the definition of "employer," 29 u.s.c. 630(b), age discrimination complaints against state and local governments can be tried ..... employees in the private sector, see pub.l. 9202, 11, 81 stat. 605, 29 u.s.c. 630(b) (1970 ed.), [ footnote 2/4 ] but congress amended the act in 1974 by adding 16, which extended protection to federal employees as well. 29 u.s.c. 633a. section 15(a) provides that personnel actions affecting federal employees "shall be ..... it remained in this form when the bill was enacted into law in 1974. [ footnote 15 ] sections 15(a) and 15(b) of the adea, as offered by senator bentsen and as finally enacted, are patterned directly after 717 (a) and(b) of the civil rights act of 1964, as amended in march, 1972, see pub.l. 92-261, 86 .....
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..... see, e.g., comment, 93 harv.l.rev. 1016, 1021-1022 (1980) (act reduces scope of equity); comment, jurisdiction to enforce federal statutes regulating state taxation: the eleventh amendment-section 1341 imbroglio, 70 yale l.j. 636, 643 (1961) (act limited relief available under equity); note, federal court interference with the assessment and collection of ..... on their refunds to taxpayers, following the then-familiar rule that interest in refund actions was recoverable only when expressly allowed by statute. 3 t. cooley, law of taxation page 450 u. s. 524 1308, pp. 2596-2597 (4th ed.1924). [ footnote 30 ] it would be wholly unreasonable, therefore, to construe ..... assumption highlights an ironic contrast between the court's indifference to the financial impact of the gross overassessments on the individual taxpayer, who has no lawful method of preventing such overassessments, and the court's concern with a temporary delay in the collection of county revenues that the state could easily .....
Tag this Judgment!Court : US Supreme Court
..... of health and human services has taken a direct appeal to this court under 28 u.s.c. 1252. i in october, 1972, congress amended the social security act (act) to create the federal supplemental security income (ssi) program, effective january 1, 1974. 86 stat. 1465, 42 u.s.c. 1381 et ..... not violate the equal protection clause [and correspondingly the federal government does not violate the equal protection component of the fifth amendment] merely because the classifications made by its laws are imperfect. if the classification has some 'reasonable basis,' it does not offend the constitution simply because the classification 'is ..... (1972). enforcing this prohibition while avoiding unwarranted incursions on the legislative power presents a difficult task. no bright line divides the merely foolish from the arbitrary law. [ footnote 3/4 ] given this difficulty, legislation properly enjoys a presumption of rationality, which is particularly strong for welfare legislation where the apportionment of .....
Tag this Judgment!Court : US Supreme Court
..... rate of tax. "congress intended these changes to raise the effective tax rate on tax preference items. . . ." staff of the joint committee on taxation, general explanation of the tax reform act of 1976, 94th cong., 2d sess., 105 (comm.print 1976). congress possessed ample authority to make this kind of change effective as of the beginning ..... denial of that claim, the darusmonts instituted this refund suit in the united states district court for the eastern district of california. taxpayer argued that the 1976 amendments could not be applied constitutionally to a transaction fully consummated prior to their enactment. he further argued that, had he known that the sale of the house ..... taxpayer, on november 7, 1921, sold stock acquired by gift from her husband a week earlier. on november 23, however, the revenue act of 1921 was approved and became law. the new act provided that the income tax basis of property received by gift after december 31, 1920, was the same as the donor's basis, instead .....
Tag this Judgment!Court : US Supreme Court
..... whom justice brennan and justice blackmun join, dissenting. it is not an easy task to harmonize the court's cases under title vi of the civil rights act of 1964, 78 stat. 252, as amended, 42 u.s.c. 2000d et seq. (1976 ed. and supp. v). unless the court is to repudiate what it has already written, however, i believe the ..... before the court is whether the private plaintiffs in this case need to prove discriminatory intent to establish a violation of title vi of the civil rights act of 194, 78 stat. 252, as amended, 42 u.s.c. 2000d et seq., [ footnote 1 ] and administrative implementing regulations promulgated thereunder. i conclude, as do four other justices, in separate opinions, that the ..... "would gut title vi of the 1964 law." id. at 18705 (rep. kastenmeier). [ footnote 4/9 ] see 20 u.s.c. 1681(a) (title ix of the education amendments of 1972); 29 u.s.c. 794 (rehabilitation act of 1973); 31 u.s.c. 1242 (revenue sharing act); 42 u.s.c. 3766(c)(1) (crime control act of 1973); 42 u.s.c. 5309 .....
Tag this Judgment!Court : US Supreme Court
..... b) whether 12(f) compels those students who elect to request federal aid to incriminate themselves in violation of the fifth amendment. i section 3 of the military selective service act, 62 stat. 605, as amended, 50 u.s.c.app. 453, empowers the president to require every male citizen and male resident alien between the ages ..... and (b), they contend that 12(f) requires them -- since in fact they have not registered -- to confess to a criminal act, and that this is "compulsion" in violation of their fifth amendment rights. however, a person who has not registered clearly is under no compulsion to seek financial aid; if he has not registered, ..... 950 (1983). for the reasons stated above, i find 12(f) of the military selective service act violative of the fifth amendment, both because it compels self-incrimination and because it violates due process by denying persons the equal protection of the laws. i respectfully dissent. [ footnote 3/1 ] registration consists of completing sss form 1, available .....
Tag this Judgment!Court : US Supreme Court
..... of a plan for "exploration," "development," or "production." ocsla was enacted in 1953 to authorize federal leasing of the ocs for oil and gas development. the act was amended in 1978 to provide for the "expeditious and orderly development, subject to environmental safeguards," of resources on the ocs. 43 u.s.c. 1332(3) (1976 ..... have taken that were rejected by the full congress are understandable enough, but of little help in construing the intent behind the law actually enacted. [ footnote 16 ] both the original 307(c)(3) and the amended 307(c)(3)(b), see infra at 464 u. s. 335 , and n.19, expressly address and constrain the ..... 307 for the consistency of federal actions with the state coastal zone management programs has [ sic ] provided assurance to those concerned with the coastal zone that the law already provides an effective mechanism for guaranteeing that federal activities, including those supported by, and those carried on pursuant to, federal authority (license, lease, or permit) .....
Tag this Judgment!Court : US Supreme Court
..... too little illumination. only once before has the court explicitly considered competing state prosecutorial interests. in that case, it observed that, where an act is prohibited by the laws of two states with concurrent jurisdiction over the locus of the offense, "the one first acquiring jurisdiction of the person may prosecute the offense, ..... satisfied its legitimate sovereign interest. in recognition of this fact, the court consistently has endorsed the principle that a single act constitutes an "offence" against each sovereign whose laws are violated by that act. the court has always understood the words of the double jeopardy clause to reflect this fundamental principle, and we see ..... same offence; but only that by one act he has committed two offences, for each of which he is justly punishable." moore v. illinois, 14 how. 13, 55 u. s. 20 (1852). therefore, "prosecutions under the laws of separate sovereigns do not, in the language of the fifth amendment, 'subject [the defendant] for the .....
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