Us Supreme Court Court January 1981 Judgments
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Walter Fleisher Co., Inc. Vs. County of Los Angeles
Court: US Supreme Court
Decided on: Jan-26-1981
WALTER FLEISHER CO., INC. v. COUNTY OF LOS ANGELES - 449 U.S. 608 (1981) U.S. Supreme Court WALTER FLEISHER CO., INC. v. COUNTY OF LOS ANGELES, 449 U.S. 608 (1981) 449 U.S. 608 WALTER FLEISHER CO., INC. v. COUNTY OF LOS ANGELES ET AL. CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT No. 79-700. Argued November 4, 1980 Decided January 26, 1981 Affirmed by an equally divided Court. Gerald T. Manpearl argued the cause and filed a brief for petitioner. Philip H. Hickok argued the cause for respondents. With him on the brief were John H. Larson and DeWitt W. Clinton. * [ Footnote * ] Joanne M. Garvey, Michael Wells, and Roy E. Crawford filed a brief for the Committee on Unitary Tax as amicus curiae. PER CURIAM. The judgment is affirmed by an equally divided Court. JUSTICE STEWART took no part in the decision of this case. Page 449 U.S. 608, 609 ...
Eeoc Vs. Associated Dry Goods Corp.
Court: US Supreme Court
Decided on: Jan-26-1981
EEOC v. Associated Dry Goods Corp. - 449 U.S. 590 (1981) U.S. Supreme Court EEOC v. Associated Dry Goods Corp., 449 U.S. 590 (1981) Equal Employment Opportunity Commission v. Associated Dry Goods Corp. No. 79-1068 Argued November 3, 1980 Decided January 26, 1981 449 U.S. 590 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Section 706(b) of Title VII of the Civil Rights Act of 1964 provides that employment discrimination charges "shall not be made public" by the Equal Employment Opportunity Commission (EEOC), and bars public disclosure of anything "said or done" during informal Commission settlement endeavors. Section 709(e) makes it a misdemeanor for any EEOC officer or employee "to make public" any information the EEOC obtains through its investigative powers before the institution of any proceeding involving such information. After employment discrimination charges were filed against a department store division (Horne) of respondent, the ...
Chandler Vs. Florida
Court: US Supreme Court
Decided on: Jan-26-1981
Chandler v. Florida - 449 U.S. 560 (1981) U.S. Supreme Court Chandler v. Florida, 449 U.S. 560 (1981) Chandler v. Florida No. 79-1260 Argued November 12, 1980 Decided January 26, 1981 449 U.S. 560 APPEAL FROM THE SUPREME COURT OF FLORIDA Syllabus The Florida Supreme Court, following a pilot program for televising judicial proceedings in the State, promulgated a revised Canon 3A (7) of the Florida Code of Judicial Conduct. The Canon permits electronic media and still photography coverage of judicial proceedings, subject to the control of the presiding judge and to implementing guidelines placing on trial judges obligations to protect the fundamental right of the accused in a criminal case to a fair trial. Appellants, who were charged with a crime that attracted media attention, were convicted after a jury trial in a Florida trial court over objections that the televising and broadcast of parts of their trial denied them a fair and impartial trial. The Florida District Court o...
Conrail Vs. National Assn. of Recycling Indus.
Court: US Supreme Court
Decided on: Jan-26-1981
Conrail v. National Assn. of Recycling Indus. - 449 U.S. 609 (1981) U.S. Supreme Court Conrail v. National Assn. of Recycling Indus., 449 U.S. 609 (1981) Consolidated Rail Corporation v. National Association of Recycling Industries, Inc. No. 80-568 Decided January 26, 1981 449 U.S. 609 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus After conducting the investigation required by 204(a)(1) and (2) of the Railroad Revitaliation and Regulatory Reform Act of 1976, the Interstate Commerce Commission ultimately concluded that the rail rate structure for recyclable and competing virgin materials unjustly discriminated against certain recyclables and that, in general, rates for recyclables were unreasonable high if they produced a "revenue to variable" cost ratio exceeding 180%. The Commission's order, with regard to the elimination of discrimination, permitted the railroads to raise the rates for recyclables a...
Minnesota Vs. Clover Leaf Creamery Co.
Court: US Supreme Court
Decided on: Jan-21-1981
Minnesota v. Clover Leaf Creamery Co. - 449 U.S. 456 (1981) U.S. Supreme Court Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456 (1981) Minnesota v. Clover Leaf Creamery Co. No. 79-1171 Argued November 3, 1980 Decided January 21, 1981 449 U.S. 456 CERTIORARI TO THE SUPREME COURT OF MINNESOTA Syllabus For the stated purposes of promoting resource conservation, easing solid waste disposal problems, and conserving energy, the Minnesota Legislature enacted a statute banning the retail sale of milk in plastic nonreturnable, nonrefillable containers, but permitting such sale in other nonreturnable, nonrefillable containers, such as paperboard cartons. Respondents filed suit in Minnesota District Court, seeking to enjoin enforcement of the statute on constitutional grounds. The District Court held that the statute violated, inter alia, the Equal Protection Clause of the Fourteenth Amendment and the Commerce Clause. Finding that "the evidence conclusively demonstrate[d] that the...
Cuyler Vs. Adams
Court: US Supreme Court
Decided on: Jan-21-1981
Cuyler v. Adams - 449 U.S. 433 (1981) U.S. Supreme Court Cuyler v. Adams, 449 U.S. 433 (1981) Cuyler v. Adams No. 78-1841 Argued October 7, 1980 Decided January 21, 1981 449 U.S. 433 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus While respondent was serving a sentence in a Pennsylvania correctional institution, the Camden County, N.J., prosecutor's office lodged a detainer against him and sought custody pursuant to Art. IV of the Interstate Agreement on Detainers (Detainer Agreement) in order to try him in New Jersey on criminal charges. Article IV, which provides the procedure whereby the receiving State may initiate the prisoner's transfer, states in paragraph (d) that nothing in the Article shall be construed to deprive the prisoner "of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof," but that such delivery may not be opposed on the ground that the sending State's executive authori...
Sumner Vs. Mata
Court: US Supreme Court
Decided on: Jan-21-1981
Sumner v. Mata - 449 U.S. 539 (1981) U.S. Supreme Court Sumner v. Mata, 449 U.S. 539 (1981) Sumner v. Mata, 449 U.S. 539 (1981) No. 79-1601 Argued December 9, 1980 Decided January 21, 1981 449 U.S. 539 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondent was convicted of first-degree murder in a California state court after a trial at which eyewitnesses identified him as participating in the murder. The California Court of Appeal affirmed, rejecting respondent's contention, made for the first time, that the pretrial photographic identification employed by the police violated his Fourteenth Amendment due process rights. The court concluded upon review of the trial record that "the facts of the present case" did not adequately support respondent's claim. Respondent did not seek review by the California Supreme Court, but later raised the pretrial identification issue in state habeas corpus proceedings, which resulted in denial of relief b...
United States Vs. Cortez
Court: US Supreme Court
Decided on: Jan-21-1981
United States v. Cortez - 449 U.S. 411 (1981) U.S. Supreme Court United States v. Cortez, 449 U.S. 411 (1981) United States v. Cortez No. 79-404 Argued December 1, 1980 Decided January 21, 1981 449 U.S. 411 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Based on their discovery of sets of distinctive human footprints in the desert, Border Patrol officers deduced that on a number of occasions groups of from 8 to 20 persons had been guided by a person, whom they designated "Chevron," from Mexico across an area of desert in Arizona, known to be heavily trafficked by aliens illegally entering the country. These groups of aliens proceeded to an isolated point on a road to be picked up by a vehicle; the officers deduced the vehicle probably approached from the east and returned to the east after the pickup. They also surmised, based on the times when the distinctive tracks were discovered, that "Chevron" generally traveled on clear nights during o...
Fedorenko Vs. United States
Court: US Supreme Court
Decided on: Jan-21-1981
Fedorenko v. United States - 449 U.S. 490 (1981) U.S. Supreme Court Fedorenko v. United States, 449 U.S. 490 (1981) Fedorenko v. United States No. 79-5602 Argued October 15, 1980 Decided January 21, 1981 449 U.S. 490 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus The Displaced Persons Act of 1948 (DPA) enabled European refugees driven from their homelands by World War II to emigrate to the United States without regard to traditional immigration quotas. It provided that any person "who shall willfully make a misrepresentation for the purpose of gaining admission into the United States as an eligible displaced person shall thereafter not be admissible into the United States," and the applicable definition of "displaced persons" specifically excluded individuals who had "assisted the enemy in persecuting civil[ians]" or had "voluntarily assisted the enemy forces" in their operations. Petitioner was admitted to the United States under a DPA vi...
RubIn Vs. United States
Court: US Supreme Court
Decided on: Jan-21-1981
Rubin v. United States - 449 U.S. 424 (1981) U.S. Supreme Court Rubin v. United States, 449 U.S. 424 (1981) Rubin v. United States No. 79-1013 Argued November 12, 1980 Decided January 21, 1981 449 U.S. 424 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Section 17 (n) of the Securities Act of 1933 prohibits fraud in the "offer or sale" of any securities. Section 2(3) of the Act defines "sale" as including "every . . . disposition of a security or interest in a security, for value," and "offer" as including "every attempt or offer to dispose of . . . a security or interest in a security, for value." Petitioner was convicted of conspiracy to violate 17(a) by making false representations to a bank concerning shares of stock pledged as collateral for loans. The Court of Appeals affirmed, rejecting petitioner's contention that the stock pledges did not constitute "offers" or "sales" under 17(a). Held: The pledge of stock to a bank as collater...
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