Us Supreme Court Court April 1978 Judgments
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Department of Revenue Vs. Stevedoring Assn.
Court: US Supreme Court
Decided on: Apr-26-1978
Department of Revenue v. Stevedoring Assn. - 435 U.S. 734 (1978) U.S. Supreme Court Department of Revenue v. Stevedoring Assn., 435 U.S. 734 (1978) Department of Revenue of Washington v. Association of Washington Stevedoring Companies No. 76-1706 Argued January 16-17, 1978 Decided April 26, 1978 435 U.S. 734 CERTIORARI TO THE SUPREME COURT OF WASHINGTON Syllabus 1. The State of Washington's business and occupation tax does not violate the Commerce Clause by taxing the interstate commerce activity of stevedoring within the State. Complete Auto Transit, Inc. v. Brady, 430 U. S. 274 , followed; Puget Sound Stevedoring Co. v. State Tax Comm'n, 302 U. S. 90 , and Joseph v. Carter & Weekes Stevedoring Co., 330 U. S. 422 , overruled. Pp. 435 U. S. 743 -751. (a) A State, under appropriate conditions, may tax directly the privilege of conducting interstate business. Complete Auto Transit, Inc. v. Brady, supra. P. 435 U. S. 745 . (b) When a general business tax levies...
First Nat'l Bank of Boston Vs. Bellotti
Court: US Supreme Court
Decided on: Apr-26-1978
First Nat'l Bank of Boston v. Bellotti - 435 U.S. 765 (1978) U.S. Supreme Court First Nat'l Bank of Boston v. Bellotti, 435 U.S. 765 (1978) First National Bank of Boston v. Bellotti No. 76-1172 Argued November 9, 1977 Decided April 26, 1978 435 U.S. 765 APPEAL FROM THE SUPREME JUDICIAL COURT OF MASSACHUSETTS Syllabus Appellants, national banking associations and business corporations, wanted to spend money to publicize their views opposing a referendum proposal to amend the Massachusetts Constitution to authorize the legislature to enact a graduated personal income tax. They brought this action challenging the constitutionality of a Massachusetts criminal statute that prohibited them and other specified business corporations from making contributions or expenditures "for the purpose of . . . influencing or affecting the vote on any question submitted to the voters, other than one materially affecting any of the property, business or assets of the corporation." The statute ...
National Soc'y of Prof. Engineers Vs. United States
Court: US Supreme Court
Decided on: Apr-25-1978
National Soc'y of Prof. Engineers v. United States - 435 U.S. 679 (1978) U.S. Supreme Court National Soc'y of Prof. Engineers v. United States, 435 U.S. 679 (1978) National Society of Professional Engineers v. United States No. 76-1767 Argued January 18, 1978 Decided April 25, 1978 435 U.S. 679 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus The United States brought this civil antitrust suit against petitioner, the National Society of Professional Engineers, alleging that petitioner's canon of ethics prohibiting its members from submitting competitive bids for engineering services suppressed competition in violation of 1 of the Sherman Act. Petitioner defended on the ground, inter alia, that, under the Rule of Reason, the canon was justified because it was adopted by members of a learned profession for the purpose of minimizing the risk that competition would produce inferior engineering work endangering the public safety. ...
City of Los Angeles Vs. Manhart
Court: US Supreme Court
Decided on: Apr-25-1978
City of Los Angeles v. Manhart - 435 U.S. 702 (1978) U.S. Supreme Court City of Los Angeles v. Manhart, 435 U.S. 702 (1978) City of Los Angeles Department of Water and Power v. Manhart No. 76-1810 Argued January 18, 1978 Decided April 25, 1978 435 U.S. 702 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus This suit was filed as a class action on behalf of present or former female employees of petitioner Los Angeles Department of Water and Power, alleging that the Department's requirement that female employees make larger contributions to its pension fund than male employees violated 703(a)(1) of Title VII of the Civil Rights Act of 1964, which, inter alia, makes it unlawful for an employer to discriminate against any individual because of such individual's sex. The Department's pension plan was based on mortality tables and its own experience showing that female employees had greater longevity than male employees, and that the cost of a pens...
Elkins Vs. Moreno
Court: US Supreme Court
Decided on: Apr-19-1978
Elkins v. Moreno - 435 U.S. 647 (1978) U.S. Supreme Court Elkins v. Moreno, 435 U.S. 647 (1978) Elkins v. Moreno No. 77-154 Argued February 22, 1978 Decided April 19, 1978 435 U.S. 647 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus It is the policy of the University of Maryland to grant "in-state" status for admission, tuition, and charge-differential purposes only to students who are domiciled in Maryland or, if a student is financially dependent on his parents, whose parents are domiciled in Maryland. In addition, the University may in some cases deny in-state status to students who do not pay the full spectrum of Maryland state taxes. Pursuant to this policy, the University refused to grant in-state status to respondent nonimmigrant alien students, each of whom was dependent on a parent who held a "G-4 visa" (a nonimmigrant visa granted to officers or employees of international treaty organizations and members of their immediate families...
Mcdaniel Vs. Paty
Court: US Supreme Court
Decided on: Apr-19-1978
McDaniel v. Paty - 435 U.S. 618 (1978) U.S. Supreme Court McDaniel v. Paty, 435 U.S. 618 (1978) McDaniel v. Paty No. 76-1427 Argued December 5, 1977 Decided April 19, 1978 435 U.S. 618 APPEAL FROM THE SUPREME COURT OF TENNESSEE Syllabus Appellee Paty, a candidate for delegate to a Tennessee constitutional convention, sued in the State Chancery Court for a declaratory judgment that appellant, an opponent who was a Baptist minister, was disqualified from serving as delegate by a Tennessee statutory provision establishing the qualifications of constitutional convention delegates to be the same as those for membership in the State House of Representatives, thus invoking a Tennessee constitutional provision barring "[m]inister[s] of the Gospel, or priest[s] of any denomination whatever." That court held that the statutory provision violated the First and Fourteenth Amendments. The Tennessee Supreme Court reversed, holding that the clergy disqualification imposed no burden on "rel...
Nixon Vs. Warner Communications, Inc.
Court: US Supreme Court
Decided on: Apr-18-1978
Nixon v. Warner Communications, Inc. - 435 U.S. 589 (1978) U.S. Supreme Court Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978) Nixon v. Warner Communications, Inc. No. 76-944 Argued November 8, 1977 Decided April 18, 1978 435 U.S. 589 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus During the criminal trial of several of petitioner ex-President's former advisers on charges, inter alia, of conspiring to obstruct justice in connection with the so-called Watergate investigation, some 22 hours of tape recordings made of conversations in petitioner's offices in the White House and Executive Office Building were played to the jury and the public in the courtroom, and the reels of the tapes were admitted into evidence. The District Court furnished the jurors, reporters, and members of the public in attendance with transcripts, which were not admitted as evidence but were widely reprinted in the press. At the close of the tr...
Frank Lyon Co. Vs. United States
Court: US Supreme Court
Decided on: Apr-18-1978
Frank Lyon Co. v. United States - 435 U.S. 561 (1978) U.S. Supreme Court Frank Lyon Co. v. United States, 435 U.S. 561 (1978) Frank Lyon Co. v. United States No. 76-624 Argued November 2, 1977 Decided April 18, 1978 435 U.S. 561 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus A state bank, which was a member of the Federal Reserve System, upon realizing that it was not feasible, because of various state and federal regulations, for it to finance by conventional mortgage and other financing a building under construction for its headquarters and principal banking facility, entered into sale and lease-back agreements by which petitioner took title to the building and leased it back to the hank for long-term use, petitioner obtaining both a construction loan and permanent mortgage financing. The bank is obligated to pay rent equal to the principal and interest payments on petitioner's mortgage, and has an option to repurchase the building at var...
Proctor Vs. Warden
Court: US Supreme Court
Decided on: Apr-17-1978
Proctor v. Warden - 435 U.S. 559 (1978) U.S. Supreme Court Proctor v. Warden, 435 U.S. 559 (1978) Proctor v. Warden No. 77-5898 Decided April 17, 1978 435 U.S. 559 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Where it appears that petitioner state prisoner was not accorded effective review of his appeal from the District Court's denial of his habeas corpus petition because the Court of Appeals, in its affirmance order, referred to denial of relief under the wrong federal statute and to the wrong District Court and case, the Court of Appeals' judgment is vacated, and the case is remanded to that court for further consideration. Certiorari granted; vacated and remanded. PER CURIAM. A Federal District Court entered a final order denying the petitioner habeas corpus relief. Under federal law, the petitioner had a statutory right to appellate review of that decision. 28 U.S.C. 2253. Because it appears that effective ...
Vetterli Vs. United States Dist. Ct.
Court: US Supreme Court
Decided on: Apr-10-1978
Vetterli v. United States Dist. Ct. - 435 U.S. 1304 (1978) U.S. Supreme Court Vetterli v. United States Dist. Ct., 435 U.S. 1304 (1978) Vetterli v. United States District Court for the Central District of California No. A-830 (77-1395) Decided April 10, 1978 435 U.S. 1304 ON APPLICATION FOR STAY Syllabus Public school officials sought a stay, pending disposition of a motion for leave to file a petition for writ of mandamus and of a petition for writ of mandamus, of the District Court's order allegedly issued in violation of this Court's judgment in Pasadena City Board of Education v. Spangler, 427 U. S. 424 , in that it had the effect of reimposing a desegregation plan requirement, held unauthorized by this Court, that there be no school in the system "with a majority of any minority students." There being no clear indication in the record that the order had such effect, it does not appear that five Members of this Court would vote to grant a writ of mandamus and the appl...
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