Us Supreme Court Court December 1977 Judgments
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Moore Vs. Illinois
Court: US Supreme Court
Decided on: Dec-12-1977
Moore v. Illinois - 434 U.S. 220 (1977) U.S. Supreme Court Moore v. Illinois, 434 U.S. 220 (1977) Moore v. Illinois No. 76-5344 Argued October 3, 1977 Decided December 12, 1977 434 U.S. 220 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus After petitioner had been arrested for rape and related offenses, he was identified by the complaining witness as her assailant at the ensuing preliminary hearing, during which petitioner was not represented by counsel nor offered appointed counsel. The victim had been asked to make identification after being told that she was going to view a suspect, after being told his name and having heard it called as he was led before the bench, and after having heard the prosecutor recite the evidence believed to implicate petitioner. Subsequently, petitioner was indicted, and counsel was appointed, who moved to suppress the victim's identification of petitioner. The Illinois trial court denied the motion on the grou...
United Air Lines, Inc. Vs. Mcmann
Court: US Supreme Court
Decided on: Dec-12-1977
United Air Lines, Inc. v. McMann - 434 U.S. 192 (1977) U.S. Supreme Court United Air Lines, Inc. v. McMann, 434 U.S. 192 (1977) United Air Lines, Inc. v. McMann No. 76-906 Argued October 4, 1977 Decided December 12, 1977 434 U.S. 192 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus The Age Discrimination in Employment Act of 1967, which applies to persons between the ages of 40 and 65, makes it unlawful for an employer to discharge any individual or otherwise discriminate against him with respect to his compensation, terms, conditions, or privileges of employment because of such individual's age. The Act specifies, however, in 4(f)(2) that it shall not be unlawful for an employer to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan that is not a "subterfuge" to evade the Act's purposes. Petitioner inaugurated a retirement income plan in 1941, which respon...
New Motor Vehicle Bd. Vs. OrrIn W. Fox Co.
Court: US Supreme Court
Decided on: Dec-06-1977
New Motor Vehicle Bd. v. Orrin W. Fox Co. - 434 U.S. 1345 (1977) U.S. Supreme Court New Motor Vehicle Bd. v. Orrin W. Fox Co., 434 U.S. 1345 (1977) New Motor Vehicle Board of California v. Orrin W. Fox Co. No. A-151 Decided December 6, 1977 434 U.S. 1345 ON APPLICATION FOR STAY Syllabus Application to stay District Court's judgment enjoining enforcement of the provisions of the California Automobile Franchise Act relating to the establishment and relocation of franchised motor vehicle dealerships on the ground that such enforcement violated the Due Process Clause of the Fourteenth Amendment, is granted, pending the filing and disposition of a jurisdictional statement, on the condition that all orders required by the Act fixing the times and places of hearings on protests against relocation or establishment of dealerships shall be issued and served by applicant Board concurrently with the required notification to the franchisor. Statutes are presumptively constitutional and, a...
Nashville Gas Co. Vs. Satty
Court: US Supreme Court
Decided on: Dec-06-1977
Nashville Gas Co. v. Satty - 434 U.S. 136 (1977) U.S. Supreme Court Nashville Gas Co. v. Satty, 434 U.S. 136 (1977) Nashville Gas Co. v. Satty No. 75-536 Argued October 5, 1977 Decided December 6, 1977 434 U.S. 136 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Petitioner employer requires a pregnant employee to take leave of absence. While on such leave, the employee receives no sick pay, such as is paid for nonoccupational disabilities other than pregnancy. She also loses all accumulated job seniority, such as is retained on leaves for other nonoccupational disabilities, with the result that although petitioner will attempt to provide her with temporary work on her return, she will be employed in a permanent position only if no currently employed employee also applies for the position. In respondent employee's action challenging those policies, the District Court held that they violated Title VII of the Civil Rights Act of 1964, and the Co...
New York Vs. Cathedral Academy
Court: US Supreme Court
Decided on: Dec-06-1977
New York v. Cathedral Academy - 434 U.S. 125 (1977) U.S. Supreme Court New York v. Cathedral Academy, 434 U.S. 125 (1977) New York v. Cathedral Academy No. 76-616 Argued October 3, 1977 Decided December 6, 1977 434 U.S. 125 APPEAL FROM THE COURT OF APPEALS OF NEW YORK Syllabus A three-judge District Court issued a judgment (later affirmed by this Court) declaring unconstitutional a New York statute (1970 N.Y. Laws, ch. 138) that authorized reimbursement to nonpublic schools for state-mandated recordkeeping and testing services, and permanently enjoining any payments under the Act, including reimbursement for expenses that such schools had already incurred in the last half of the 1971-1972 school year. Thereafter, the New York State Legislature enacted 1972 N.Y. Laws, ch. 996, authorizing reimbursement to sectarian schools for their expenses of performing the state-required services through the 1971-1972 school year. Appellee sectarian school brought this reimbursement action...
Richmond Unified School District Vs. Berg
Court: US Supreme Court
Decided on: Dec-06-1977
RICHMOND UNIFIED SCHOOL DISTRICT v. BERG - 434 U.S. 158 (1977) U.S. Supreme Court RICHMOND UNIFIED SCHOOL DISTRICT v. BERG, 434 U.S. 158 (1977) 434 U.S. 158 RICHMOND UNIFIED SCHOOL DISTRICT v. BERG CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 75-1069. Argued October 5, 1977 Decided December 6, 1977 528 F.2d 1208 , vacated and remanded. Arthur W. Walenta, Jr., argued the cause for petitioners. With him on the briefs was John B. Clausen. Mary C. Dunlap argued the cause and filed a brief for respondent. * PER CURIAM. The judgment of the Court of Appeals, 528 F.2d 1208 , is vacated and the cause remanded for further consideration in light of General Electric Co. v. Gilbert, 429 U.S. 125 (1976), and Nashville Gas Co. v. Satty, ante, p. 136, and for consideration of possible mootness. [ Footnote * ] Jerry D. Anker, Robert E. Nagle, and David Rubin filed a brief for the National Education Assn. as amicus curiae urging affirmance. Page 434 ...
idaho Dept. of Employment Vs. Smith
Court: US Supreme Court
Decided on: Dec-05-1977
Idaho Dept. of Employment v. Smith - 434 U.S. 100 (1977) U.S. Supreme Court Idaho Dept. of Employment v. Smith, 434 U.S. 100 (1977) Idaho Department of Employment v. Smith No. 76-1291 Decided December 5, 1977 434 U.S. 100 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF IDAHO Syllabus Idaho statute providing that "no person shall be deemed to be unemployed while attending a regular established school excluding night school" held not to violate the Equal Protection Clause of the Fourteenth Amendment by denying unemployment benefits to otherwise eligible persons who attend school during the day. It was rational for the Idaho Legislature to conclude that daytime employment is far more plentiful than nighttime work and, consequently, that attending school in the daytime imposes a greater restriction upon obtaining full-time employment than does attending night school. Moreover, the classification, although imperfect, serves as a predictable and convenient means for dis...
Pennsylvania Vs. Mimms
Court: US Supreme Court
Decided on: Dec-05-1977
Pennsylvania v. Mimms - 434 U.S. 106 (1977) U.S. Supreme Court Pennsylvania v. Mimms, 434 U.S. 106 (1977) Pennsylvania v. Mimms No. 76-1830 Decided December 5, 1977 434 U.S. 106 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA Syllabus After police officers had stopped respondent's automobile for being operated with an expired license plate, one of the officers asked respondent to step out of the car and produce his license and registration. As respondent alighted, a large bulge under his jacket was noticed by the officer, who thereupon frisked him and found a loaded revolver. Respondent was then arrested and subsequently indicted for carrying a concealed weapon and unlicensed firearm. His motion to suppress the revolver was denied and after a trial, at which the revolver was introduced in evidence, he was convicted. The Pennsylvania Supreme Court reversed on the ground that the revolver was seized in violation of the Fourth Amendment. Held: 1. The o...
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