Us Supreme Court Court November 1981 Judgments
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California Ex Rel. Cooper Vs. Mitchell Bros. theater
Court: US Supreme Court
Decided on: Nov-30-1981
California ex rel. Cooper v. Mitchell Bros. Theater - 454 U.S. 90 (1981) U.S. Supreme Court California ex rel. Cooper v. Mitchell Bros. Theater, 454 U.S. 90 (1981) California ex rel. Cooper v. Mitchell Brothers Santa Ana Theater No. 81-271 Decided November 30, 1981 454 U.S. 90 ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT Syllabus Held: A city, in a public nuisance abatement action against a motion picture theater, is not required, as a matter of constitutional law, to establish the obscenity of the motion pictures at issue by proof "beyond a reasonable doubt." While a State may require such proof in such a case, that choice is solely a matter of state law, and is not required by the First and Fourteenth Amendments. Although this Court has held that the "clear and convincing" standard or one of its variants is the appropriate standard of proof in certain types of civil cases, it has never required application of the "beyo...
Mori Vs. Boilermakers
Court: US Supreme Court
Decided on: Nov-23-1981
Mori v. Boilermakers - 454 U.S. 1301 (1981) U.S. Supreme Court Mori v. Boilermakers, 454 U.S. 1301 (1981) Mori v. Boilermakers No. A-417 (81-847) Decided November 23, 1981 454 U.S. 1301 ON APPLICATION FOR STAY Syllabus An application to stay the Court of Appeals' mandate -- which upheld an international union's adoption, by nonsecret ballot of the delegates at a union convention, of a new dues structure applicable to a certain group of members, notwithstanding the provisions of § 101(a)(3)(A) of the Labor-Management Reporting and Disclosure Act of 1959 requiring a secret ballot by local members to increase rates of dues -- is granted until disposition of applicants' petition for certiorari. There is a strong probability that four Justices of this Court will vote to grant the petition for certiorari; applicants have a reasonable probability of success on the merits; and the balance of equities weighs heavily in their favor. JUSTICE REHNQUIST, Circuit Justice. The decisi...
Leeke Vs. Timmerman
Court: US Supreme Court
Decided on: Nov-16-1981
Leeke v. Timmerman - 454 U.S. 83 (1981) U.S. Supreme Court Leeke v. Timmerman, 454 U.S. 83 (1981) Leeke v. Timmerman No. 80-2077 Decided November 16, 1981 454 U.S. 83 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Respondents, who were inmates in a South Carolina prison, contended that they were unnecessarily beaten by prison guards during a prison uprising. One respondent sought criminal arrest warrants against four guards, and a state court Magistrate, acting on the basis of affidavits and information presented by the respondent, informed the legal adviser to the South Carolina Department of Corrections of his intent to issue the warrants. After a meeting with correctional officials, the State Solicitor, by a letter to the Magistrate, requested that the warrants not be issued, and stated that he intended to seek an investigation of the charges against the prison guards. The Magistrate did not issue the warrants, and no state investigation ...
Fec Vs. Democratic Senatorial Campaign Comm.
Court: US Supreme Court
Decided on: Nov-10-1981
FEC v. Democratic Senatorial Campaign Comm. - 454 U.S. 27 (1981) U.S. Supreme Court FEC v. Democratic Senatorial Campaign Comm., 454 U.S. 27 (1981) FEC v. Democratic Senatorial Campaign Committee No. 80-939 Argued October 6, 1981 Decided November 10, 1981 * 454 U.S. 27 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus One provision of the Federal Election Campaign Act of 1971 (Act), 2 U.S.C. 441a(d)(3), limits the amount that the national committee and state committees of a political party may spend in connection with the general election of a candidate for the United States Senate or House of Representatives. Petitioner National Republican Senatorial Committee (NRSC) is a political committee organized to support Republican candidates for the Senate. Although the Act authorizes the NRSC to contribute up to a certain amount to such candidates, it is not authorized to make expenditures on their behalf. The Federal Election Commis...
Ridgway Vs. Ridgway
Court: US Supreme Court
Decided on: Nov-10-1981
Ridgway v. Ridgway - 454 U.S. 46 (1981) U.S. Supreme Court Ridgway v. Ridgway, 454 U.S. 46 (1981) Ridgway v. Ridgway No. 80-1070 Argued October 7, 1981 Decided November 10, 1981 454 U.S. 46 CERTIORARI TO THE SUPREME JUDICIAL COURT OF MAINE g:syll* Syllabus When Army Sergeant Ridgway and his first wife, April, were granted a divorce by a Maine court, the decree, inter alia, ordered Ridgway to keep in force the insurance policies on his life then outstanding for the benefit of the Ridgways' three children. At the time of the divorce, the sergeant's life was insured under a $20,000 policy issued by petitioner Prudential Insurance Co. of America (Prudential) pursuant to the Servicemen's Group Life Insurance Act of 1965 (SGLIA), and April was the designated beneficiary. Subsequently, Ridgway married petitioner Donna, and changed the policy's beneficiary designation to one directing that the proceeds be paid as specified "by law," which meant that, under the SGLIA, the proceeds...
Jago Vs. Van Curen
Court: US Supreme Court
Decided on: Nov-09-1981
Jago v. Van Curen - 454 U.S. 14 (1981) U.S. Supreme Court Jago v. Van Curen, 454 U.S. 14 (1981) Jago v. Van Curen No. 81942 Decided November 9, 1981 454 U.S. 14 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Held: The Due Process Clause of the Fourteenth Amendment was not violated by the Ohio Adult Parole Authority's rescission, without a hearing, of its decision to grant respondent early parole. The rescission, which occurred before respondent was released, resulted from the Authority's having learned that respondent had made false statements in an interview conducted before the decision to grant parole and in his proposed parole plan. After conceding that Ohio law created no protected "liberty" interest in early parole, the Court of Appeals erred in concluding that a liberty interest arose from the "mutually explicit understandings" of the parties, and that the rescission without a hearing thus violated due process....
Chardon Vs. Fernandez
Court: US Supreme Court
Decided on: Nov-02-1981
Chardon v. Fernandez - 454 U.S. 6 (1981) U.S. Supreme Court Chardon v. Fernandez, 454 U.S. 6 (1981) Chardon v. Fernandez No. 81-249 Decided November 2, 1981 * 454 U.S. 6 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Held: With respect to the claims of respondents, former nontenured administrators in the Puerto Rico Department of Education, that their terminations of employment violated 42 U.S.C. 1983, the applicable 1-year limitations period began to run from the dates when they received letters notifying them that their appointments would terminate at specified dates in the future, rather than from the dates of actual termination. Cf. Delaware State College v. Ricks, 449 U. S. 250 . Certiorari granted; May 8, 1981, judgment (648 F.2d 765) and June 11, 1981, judgments reversed and cases remanded. PER CURIAM. Respondents were nontenured administrators in the Puerto Rico Department of Education during the 1976-...
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