Us Supreme Court Court January 1978 Judgments
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Vendo Co. Vs. Lektro-vend Corp.
Court: US Supreme Court
Decided on: Jan-23-1978
Vendo Co. v. Lektro-Vend Corp. - 434 U.S. 425 (1978) U.S. Supreme Court Vendo Co. v. Lektro-Vend Corp., 434 U.S. 425 (1978) Vendo Co. v. Lektro-Vend Corp. No. 76-156 Decided January 23, 1978 434 U.S. 425 ON MOTION FOR CLARIFICATION OF JUDGMENT Syllabus Petitioner's motion for clarification of this Court's judgment ordering that "this cause be, and the same is hereby, remanded to the United States Court of Appeals for the Seventh Circuit for further proceedings in conformity with the opinion of this Court," is denied. While such motion may be properly treated as a motion for leave to file a petition for a writ of mandamus against the District Court (to which the Court of Appeals, in turn, had remanded the case) to execute this Court's judgment, it does not appear that service of the motion was made on the judge or judges to whom the writ is sought to be directed as required by this Court's Rule 31, and, in any event, to grant the motion for clarification would serve no usefu...
Christiansburg Garment Co. Vs. Eeoc
Court: US Supreme Court
Decided on: Jan-23-1978
Christiansburg Garment Co. v. EEOC - 434 U.S. 412 (1978) U.S. Supreme Court Christiansburg Garment Co. v. EEOC, 434 U.S. 412 (1978) Christiansburg Garment Co. v. Equal Employment Opportunity Commission No. 76-1383 Argued November 28-29, 1977 Decided January 23, 1978 434 U.S. 412 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Two years after a racial discrimination charge under Title VII of the Civil Rights Act of 1964 had been filed against petitioner company, respondent, the Equal Employment Opportunity Commission (EEOC), notified the complainant that its conciliation efforts had failed and that she had the right to sue the company, which she did not do. Almost two years later, 14 of the 1972 amendments to Title VII authorized the EEOC to sue in its own name on charges "pending" with the EEOC on the effective date of the amendments. The EEOC then sued petitioner on complainant's charge, and the District Court granted petitioner's motion ...
Bordenkircher Vs. Hayes
Court: US Supreme Court
Decided on: Jan-18-1978
Bordenkircher v. Hayes - 434 U.S. 357 (1978) U.S. Supreme Court Bordenkircher v. Hayes, 434 U.S. 357 (1978) Bordenkircher v. Hayes No. 76-1334 Argued November 9, 1977 Decided January 18, 1978 434 U.S. 357 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus The Due Process Clause of the Fourteenth Amendment is not violated when.a state prosecutor carries out a threat made during plea negotiations to have the accused reindicted on more serious charges on which he is plainly subject to prosecution if he does not plead guilty to the offense with which he was originally charged. Pp. 434 U. S. 360 -365. (a) "[T]he guilty plea and the often concomitant plea bargain are important components of this country's criminal justice system. Properly administered, they can benefit all concerned." Blackledge v. Allison, 431 U. S. 63 , 431 U. S. 71 . Pp. 434 U. S. 361 -362 (b) Though to punish a person because he has done what the law allows violates du...
Zablocki Vs. Redhail
Court: US Supreme Court
Decided on: Jan-18-1978
Zablocki v. Redhail - 434 U.S. 374 (1978) U.S. Supreme Court Zablocki v. Redhail, 434 U.S. 374 (1978) Zablocki v. Redhail No. 76-879 Argued October 4, 1977 Decided January 18, 1978 434 U.S. 374 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN Syllabus Wisconsin statute providing that any resident of that State "having minor issue not in his custody and which he is under obligation to support by any court order or judgment" may not marry without a court approval order, which cannot be granted absent a showing that the support obligation has been met and that children covered by the support order "are not then and are not likely thereafter to become public charges," held to violate the Equal Protection Clause of the Fourteenth Amendment. Pp. 434 U. S. 383 -391. (a) Since the right to marry is of fundamental importance, e.g., Loving v. Virginia, 388 U. S. 1 , and the statutory classification involved here significantly interferes with ...
Carter Vs. Miller
Court: US Supreme Court
Decided on: Jan-17-1978
CARTER v. MILLER - 434 U.S. 356 (1978) U.S. Supreme Court CARTER v. MILLER, 434 U.S. 356 (1978) 434 U.S. 356 CARTER, PUBLIC VEHICLE LICENSE COMMISSIONER OF CHICAGO v. MILLER CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 76-1171. Argued November 29-30, 1977 Decided January 17, 1978 547 F.2d 1314 , affirmed by an equally divided Court. William R. Quinlan argued the cause for petitioner. With him on the briefs were Daniel Pascale and Robert Retke. Robert Masur argued the cause for respondent. With him on the briefs were Alan Freedman, Howard Eglit, and David Goldberger. * PER CURIAM. The judgment is affirmed by an equally divided Court. MR. JUSTICE BLACKMUN took no part in the consideration or decision of this case. [ Footnote * ] Briefs of amici curiae urging affirmance were filed by William B. Spann, Jr., and Robert B. McKay for the American Bar Assn.; and by James R. Madison and Norman C. Hile for the San Francisco Lawyers' Committee f...
Nlbr Vs. Iron Workers
Court: US Supreme Court
Decided on: Jan-17-1978
NLBR v. Iron Workers - 434 U.S. 335 (1978) U.S. Supreme Court NLBR v. Iron Workers, 434 U.S. 335 (1978) National Labor Relations Board v. Local Union No. 103, International Association of Bridge, Structural & Ornamental Iron Workers, AFL-CIO No. 76-719. Argued October 31, 1977 Decided January 17, 1978 434 U.S. 335 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus An employer in the construction business made an agreement with respondent union under 8(f) of the National Labor Relations Act, which provides that it shall not be an unfair labor practice for unions and employers in the construction, industry to enter into "prehire" agreements before the majority status of the union has been established. The contract contained no union security clause requiring employees to become union members within a specified period of time. After the employer later undertook construction projects with nonunion labor, the union picketed those pr...
Smith Vs. Digmon
Court: US Supreme Court
Decided on: Jan-16-1978
Smith v. Digmon - 434 U.S. 332 (1978) U.S. Supreme Court Smith v. Digmon, 434 U.S. 332 (1978) Smith v. Digmon No. 76-6799 Decided January 16, 1978 434 U.S. 332 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus In denying petitioner state prisoner's federal habeas corpus petition, the District Court erred in refusing to entertain petitioner's claim of constitutional error at his Alabama state trial, on the ground that the exhaustion requirement of 28 U.S.C. 2254(b) had not been satisfied because such claim had not been presented to any state court where, although the Alabama Court of Criminal Appeals had not referred to the claim in its opinion affirming petitioner's conviction, the claim in fact had been submitted in petitioner's brief and answered in the State's brief in that court. Certiorari granted; reversed and remanded. PER CURIAM. Petitioner sought habeas corpus relief in the United States District Court for th...
Pfizer Inc. Vs. Government of India
Court: US Supreme Court
Decided on: Jan-11-1978
Pfizer Inc. v. Government of India - 434 U.S. 308 (1978) U.S. Supreme Court Pfizer Inc. v. Government of India, 434 U.S. 308 (1978) Pfizer Inc. v. Government of India No. 76-749 Argued November 1, 1977 Decided January 11, 1978 434 U.S. 308 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus A foreign nation otherwise entitled to sue in the courts of this country held to be a "person" within the meaning of 4 of the Clayton Act, and thus to be entitled to sue for treble damages under the federal antitrust laws to the same extent as any other plaintiff. Pp. 434 U. S. 311 -320. (a) Though no statutory provision or legislative history clearly covers the question whether a foreign nation is a "person" as the word is used in 4 (which gives "any person" injured by antitrust violations the right to sue in district courts), Congress intended the word to have a broad and inclusive meaning, and in light of the antitrust laws' expansive remedial purpo...
Adamo Wrecking Co. Vs. United States
Court: US Supreme Court
Decided on: Jan-10-1978
Adamo Wrecking Co. v. United States - 434 U.S. 275 (1978) U.S. Supreme Court Adamo Wrecking Co. v. United States, 434 U.S. 275 (1978) Adamo Wrecking Co. v. United States No. 76-911 Argued October 11, 1977 Decided January 10, 1978 434 U.S. 275 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus The Clean Air Act authorizes the Administrator of the Environmental Protection Agency (EPA) to promulgate "emission standards" for hazardous air pollutants. The emission of an air pollutant in violation of an applicable emission standard is prohibited by 112(c)(1)(b), the knowing violation of which is made a criminal offense by 113(c)(1)(C). Section 307(b)(1) provides that a petition for review of the Administrator's action in promulgating an emission standard may be filed only in the Court of Appeals for the District of Columbia Circuit, and under 307(b)(2) such action is not subject to judicial review in a civil or criminal enforcement proceeding. Peti...
Browder Vs. Director, Dept. of Corrections
Court: US Supreme Court
Decided on: Jan-10-1978
Browder v. Director, Dept. of Corrections - 434 U.S. 257 (1978) U.S. Supreme Court Browder v. Director, Dept. of Corrections, 434 U.S. 257 (1978) Browder v. Director, Dept. of Corrections No. 76-5325 Argued October 31, 1977 Decided January 10, 1978 434 U.S. 257 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus After unsuccessful efforts to overturn his state court conviction on direct appeal and state collateral attack, petitioner sought a writ of habeas corpus in a Federal District Court, which on October 21, 1975, ordered his release from respondent Corrections Director's custody unless the State retried him within 60 days. The court held no evidentiary hearing, but based its order on the habeas corpus petition, respondent's "motion to dismiss," and the state court record. Twenty-eight days after entry of the order, respondent moved for a stay of the conditional release order and for an evidentiary hearing. The District Court granted the mo...
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