Us Supreme Court Court January 1976 Judgments
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Buckley Vs. Valeo
Court: US Supreme Court
Decided on: Jan-30-1976
Buckley v. Valeo - 424 U.S. 1 (1976) U.S. Supreme Court Buckley v. Valeo, 424 U.S. 1 (1976) Buckley v. Valeo No. 75-436 Argued November 10, 1975 Decided January 30, 1976 * 424 U.S. 1 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus The Federal Election Campaign Act of 1971 (Act), as amended in 1974, (a) limits political contributions to candidates for federal elective office by an individual or a group to $1,000 and by a political committee to $5,000 to any single candidate per election, with an over-all annual limitation of $25,000 by an individual contributor; (b) limits expenditures by individuals or groups "relative to a clearly identified candidate" to $1,000 per candidate per election, and by a candidate from his personal or family funds to various specified annual amounts depending upon the federal office sought, and restricts over-all general election and primary campaign expenditures by candidates to various specified am...
Kleppe Vs. Delta Mining, Inc.
Court: US Supreme Court
Decided on: Jan-26-1976
Kleppe v. Delta Mining, Inc. - 423 U.S. 403 (1976) U.S. Supreme Court Kleppe v. Delta Mining, Inc., 423 U.S. 403 (1976) Kleppe v. Delta Mining, Inc. No. 74-521 Argued October 6, 1975 Decided January 26, 1976 423 U.S. 403 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Section 109(a)(1) of the Federal Coal Mine Health and Safety Act of 1969 requires the Secretary of the Interior, in determining the amount of the civil penalty against a coal mine operator for violations of the Act, to consider the history of previous violations, the appropriateness of the penalty to the size of the business, whether the operator was negligent, the effect on his ability to continue in business, the gravity of the violation, and the operator's good faith in attempting to comply after notification of a violation. Section 109(a)(3) requires that the penalty be assessed only after the operator "has been given an opportunity for a public hearing and the Secretary ha...
National Indep. Coal Operators' Assn. Vs. Kleppe
Court: US Supreme Court
Decided on: Jan-26-1976
National Indep. Coal Operators' Assn. v. Kleppe - 423 U.S. 388 (1976) U.S. Supreme Court National Indep. Coal Operators' Assn. v. Kleppe, 423 U.S. 388 (1976) National Independent Coal Operators' Association v. Kleppe No. 73-2066 Argued October 6, 1975 Decided January 26, 1976 423 U.S. 388 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Section 109(a)(1) of the Federal Coal Mine Health and Safety Act of 1969 requires the Secretary of the Interior to assess a civil monetary penalty against a coal mine operator for each violation of the mandatory health and safety standards prescribed by the Act and other provisions. But under 109(a)(3) a penalty may be assessed only after the operator "has been given an opportunity for a public hearing and the Secretary has determined, by decision incorporating his findings of fact therein, that a violation did occur, and the amount of the penalty which is warranted. . . ." Implementing regula...
United States Vs. Watson
Court: US Supreme Court
Decided on: Jan-26-1976
United States v. Watson - 423 U.S. 411 (1976) U.S. Supreme Court United States v. Watson, 423 U.S. 411 (1976) United States v. Watson No. 74-538 Argued October 8, 1975 Decided January 26, 1976 423 U.S. 411 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus A postal inspector received from an informant of known reliability a stolen credit card that respondent had given the informant to be used for their mutual advantage, and the inspector was told by the informant that respondent had agreed to furnish additional cards. At the inspector's suggestion, a meeting was arranged between the informant and respondent for a few days later, which took place at a restaurant. Upon a prearranged signal from the informant that respondent had the additional cards, postal officers made a warrantless arrest of respondent, removed him from the restaurant, and gave him Miranda warnings. When a search of respondent's person revealed no cards, a consented search of ...
Rizzo Vs. Goode
Court: US Supreme Court
Decided on: Jan-21-1976
Rizzo v. Goode - 423 U.S. 362 (1976) U.S. Supreme Court Rizzo v. Goode, 423 U.S. 362 (1976) Rizzo v. Goode No. 74-942 Argued November 11, 1975 Decided January 21, 1976 423 U.S. 362 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Two suits, permitted to proceed as class actions, were brought in District Court under 42 U.S.C. 1983 by respondents, individuals and organizations, against petitioners, the Mayor of Philadelphia, the Police Commissioner, and others, alleging a pervasive pattern of illegal and unconstitutional police mistreatment of minority citizens in particular, and Philadelphia residents in general. The petitioners were charged with misconduct ranging from express authorization or encouragement of the mistreatment to failure to act in such a way as to avoid recurrence. The principal antagonists involved in one case were two police officers, not named as parties, who were found to have violated complainants' constitutional rights ...
thermtron Products, Inc. Vs. Hermansdorfer
Court: US Supreme Court
Decided on: Jan-20-1976
Thermtron Products, Inc. v. Hermansdorfer - 423 U.S. 336 (1976) U.S. Supreme Court Thermtron Products, Inc. v. Hermansdorfer, 423 U.S. 336 (1976) Thermtron Products, Inc. v. Hermansdorfer No. 74-206 Argued October 7, 1975 Decided January 20, 1976 423 U.S. 336 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Title 28 U.S.C. 1441(a) provides that "any civil action brought in a State court of which the district courts of the United States have original jurisdiction" may be removed by the defendant to the federal district court, and 1446 provides the removal procedure. Section 1447(c) provides for remand to the state court on the ground that the case was removed "improvidently and without jurisdiction," and 1447(d) imposes a general bar against appellate review of a remand order. After two citizens of Kentucky had brought a damages action against petitioners, an Indiana corporation and its employee, a citizen of Indiana, petitioners removed the...
Fpc Vs. Transcontinental Gas Pipe Line Corp.
Court: US Supreme Court
Decided on: Jan-19-1976
FPC v. Transcontinental Gas Pipe Line Corp. - 423 U.S. 326 (1976) U.S. Supreme Court FPC v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326 (1976) Federal Power Commission v. Transcontinental Gas Pipe Line Corp. No. 75-584 Decided January 19, 1976 423 U.S. 326 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Because of a claimed natural gas shortage, respondent pipeline company submitted to the Federal Power Commission (FPC) for approval an interim curtailment plan which resulted from a settlement agreement between respondent company and its customers providing for allocation of natural gas supplies among the customers during shortage periods and a monetary compensation scheme whereby customers receiving more gas than the systemwide average would compensate customers receiving less. The FPC rejected the plan on the ground that the compensation scheme would violate various provisions of the Natural Gas A...
Dove Vs. United States
Court: US Supreme Court
Decided on: Jan-19-1976
DOVE v. UNITED STATES - 423 U.S. 325 (1976) U.S. Supreme Court DOVE v. UNITED STATES, 423 U.S. 325 (1976) 423 U.S. 325 DOVE v. UNITED STATES. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 75-543. Decided January 19, 1976. Petitioner's death pending review by certiorari requires dismissal of petition. Durham v. United States, 401 U.S. 481 , overruled. Certiorari dismissed. See 506 F.2d 1398 . PER CURIAM. The Court is advised that the petitioner died at New Bern, N.C., on November 14, 1975. The petition for certiorari is therefore dismissed. To the extent that Durham v. United States, 401 U.S. 481 (1971), may be inconsistent with this ruling, Durham is overruled. It is so ordered. MR. JUSTICE WHITE dissents. Page 423 U.S. 325, 326 ...
United States Vs. Bornstein
Court: US Supreme Court
Decided on: Jan-14-1976
United States v. Bornstein - 423 U.S. 303 (1976) U.S. Supreme Court United States v. Bornstein, 423 U.S. 303 (1976) United States v. Bornstein No. 74-712 Argued October 8, 1975 Decided January 14, 1976 423 U.S. 303 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus A prime contractor (Model) had a contract with the Government to provide radio kits containing electron tubes meeting certain specifications. A subcontractor (United), which was to supply the tubes, sent to Model in three separately invoiced shipments tubes that were not of the required quality but were falsely marked to indicate that they were. The radio kits that Model in turn shipped to the Government contained 397 of these falsely marked tubes. Model then sent 35 invoices to the Government for the kits, each invoice including claims for payment for the falsely marked tubes. After the Government discovered the fraud, it recovered in settlement from Model $40.72 per tube or a total ...
MichelIn Tire Corp. Vs. Wages
Court: US Supreme Court
Decided on: Jan-14-1976
Michelin Tire Corp. v. Wages - 423 U.S. 276 (1976) U.S. Supreme Court Michelin Tire Corp. v. Wages, 423 U.S. 276 (1976) Michelin Tire Corp. v. Wages No. 74-1396 Argued October 15, 1975 -- Decided January 14, 1976 423 U.S. 276 CERTIORARI TO THE SUPREME COURT OF GEORGIA Syllabus Georgia's assessment of a nondiscriminatory ad valorem property tax against petitioner's inventory of imported tires maintained at its wholesale distribution warehouse in the State held not to be within the Import-Export Clause's prohibition against States laying "any Imposts or Duties on Imports." Low v. Austin, 13 Wall. 29, overruled. Pp. 423 U. S. 281 -302. (a) In the history of the Import-Export Clause, whose purposes were to commit to the Federal Government the exclusive power to regulate foreign commerce and the exclusive right to all revenues from imposts and duties on imports, and to assure the free flow of imported goods among the States by prohibiting the taxing of goods merely flowin...
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