Us Supreme Court Court March 1981 Judgments
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Montana Vs. United States
Court: US Supreme Court
Decided on: Mar-24-1981
Montana v. United States - 450 U.S. 544 (1981) U.S. Supreme Court Montana v. United States, 450 U.S. 544 (1981) Montana v. United States No. 79-1128 Argued December 3, 1980 Decided March 24, 1981 450 U.S. 544 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus By a tribal regulation, the Crow Tribe of Montana sought to prohibit hunting and fishing within its reservation by anyone who is not a member of the Tribe. Relying on its purported ownership of the bed of the Big Horn River, on treaties which created its reservation, and on its inherent power as a sovereign, the Tribe claimed authority to prohibit hunting and fishing by nonmembers of the Tribe even on lands within the reservation owned in fee simple by non-Indians. Montana, however, continued to assert its authority to regulate hunting and fishing by non-Indians within the reservation. The First Treaty of Fort Laramie of 1851, in which the signatory tribes acknowledged various designated la...
Rosewell Vs. LaSalle Nat'l Bank
Court: US Supreme Court
Decided on: Mar-24-1981
Rosewell v. LaSalle Nat'l Bank - 450 U.S. 503 (1981) U.S. Supreme Court Rosewell v. LaSalle Nat'l Bank, 450 U.S. 503 (1981) Rosewell v. LaSalle National Bank No. 79-1157 Argued November 10, 1980 Decided March 24, 1981 450 U.S. 503 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Under an Illinois statute, real property owners who contest their property taxes are required first to exhaust their available administrative remedy and, if unsuccessful, are then afforded a legal remedy requiring the payment of the taxes under protest and a subsequent state court challenge. The customary delay from the time of payment until the receipt of refund upon successful protest is two years, and the refund is not accompanied by a payment of interest. The beneficial owner of an apartment building in Cook County, Ill., challenged the tax assessment of her property for a certain tax year, but, after an unsuccessful administrative appeal, refused to pay the taxe...
San Diego Gas and Elec. Co. Vs. City of San Diego
Court: US Supreme Court
Decided on: Mar-24-1981
San Diego Gas & Elec. Co. v. City of San Diego - 450 U.S. 621 (1981) U.S. Supreme Court San Diego Gas & Elec. Co. v. City of San Diego, 450 U.S. 621 (1981) San Diego Gas & Electric Co. v. City of San Diego No. 79-678. Argued December 1, 1980 Decided March 24, 1981 450 U.S. 621 APPEAL FROM THE COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT Syllabus Appellant owns land in appellee city that, when purchased as a possible site for a nuclear power plant, was mostly zoned for industrial or agricultural use. The city rezoned parts of the property, reducing the acreage for industrial use, and also established an open-space plan that included appellant's property and proposed that the city acquire the property to preserve it as a parkland. A bond issue to provide funds for this acquisition was not approved by the voters, and the property remained in appellant's hands, subject to the new zoning ordinance and the open-space plan. Thereafter, appellant brought an action in Ca...
Fcc Vs. Wncn Listeners Guild
Court: US Supreme Court
Decided on: Mar-24-1981
FCC v. WNCN Listeners Guild - 450 U.S. 582 (1981) U.S. Supreme Court FCC v. WNCN Listeners Guild, 450 U.S. 582 (1981) Federal Communications Commission v. WNCN Listeners Guild No. 79-824 Argued November 3, 1980 Decided March 24, 1981 * 450 U.S. 582 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Sections 309(a) and 310(d) of the Communications Act of 1934 (Act) empower the Federal Communications Commission (FCC) to grant an application for renewal or transfer of a radio broadcast license only if it determines that "the public interest, convenience, and necessity" will be served thereby. In implementation of these provisions, the FCC, pursuant to its rulemaking authority, issued a Policy Statement concluding, with respect to ruling on applications for license renewal or transfer, that the public interest is best served by promoting diversity in a radio station's entertainment formats through market forces and competition among ...
Kassel Vs. Consolidated Freightways Corp.
Court: US Supreme Court
Decided on: Mar-24-1981
Kassel v. Consolidated Freightways Corp. - 450 U.S. 662 (1981) U.S. Supreme Court Kassel v. Consolidated Freightways Corp., 450 U.S. 662 (1981) Kassel v. Consolidated Freightways Corporation of Delaware No. 79-1320 Argued November 4, 1980 Decided March 24, 1981 450 U.S. 662 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Unlike all other States in the West and Midwest, Iowa, by statute, generally prohibits the use of 65-foot double-trailer trucks within its borders, allowing the use of 55-foot single-trailer trucks and 60-foot double-trailer trucks. Appellee, a trucking company which carries commodities through Iowa on interstate highways, filed suit alleging that Iowa's statutory scheme unconstitutionally burdens interstate commerce. Because appellee cannot use its 65-foot doubles to move goods through Iowa, it must either use shorter truck units, detach the trailers of a 65-foot double and shuttle each through Iowa separately, or divert 65-f...
Kirchberg Vs. Feenstra
Court: US Supreme Court
Decided on: Mar-23-1981
Kirchberg v. Feenstra - 450 U.S. 455 (1981) U.S. Supreme Court Kirchberg v. Feenstra, 450 U.S. 455 (1981) Kirchberg v. Feenstra No. 79-1388 Argued December 10, 1980 Decided March 23, 1981 450 U.S. 455 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus In 1974, the husband of appellee Feenstra (hereafter appellee), without her knowledge, executed a mortgage on their jointly owned home as security on the husband's promissory note to appellant. The husband executed the mortgage pursuant to a now superseded Louisiana statute (Art. 2404) that gave a husband the unilateral right to dispose of jointly owned community property without his spouse's consent. In 1976, after appellee refused to pay her husband's note, appellant commenced foreclosure proceedings and instituted the instant action in Federal District Court for declaratory relief. Appellee asserted a counterclaim challenging the constitutionality of Art. 2404, and Louisiana and its Governor were ...
H. L. Vs. Matheson
Court: US Supreme Court
Decided on: Mar-23-1981
H. L. v. Matheson - 450 U.S. 398 (1981) U.S. Supreme Court H. L. v. Matheson, 450 U.S. 398 (1981) H. L. v. Matheson, 450 U.S. 398 No. 79-5903 Argued October 6, 1980 Decided March 23, 1981 450 U.S. 398 APPEAL FROM THE SUPREME COURT OF UTAH Syllabus A Utah statute requires a physician to "[n]otify, if possible," the parents or guardian of a minor upon whom an abortion is to be performed. Appellant, while an unmarried minor living with and dependent on her parents, became pregnant. A physician advised her that an abortion would be in her best medical interest but, because of the statute, refused to perform the abortion without first notifying her parents. Believing that she should proceed with the abortion without notifying her parents, appellant instituted a suit in state court seeking a declaration that the statute is unconstitutional and an injunction against its enforcement. She sought to represent a class consisting of unmarried minors "who are suffering unwanted pregnanci...
Michael M. Vs. Superior Ct.
Court: US Supreme Court
Decided on: Mar-23-1981
Michael M. v. Superior Ct. - 450 U.S. 464 (1981) U.S. Supreme Court Michael M. v. Superior Ct., 450 U.S. 464 (1981) Michael M. v. Superior Court No. 79-1344 Argued November 4, 1980 Decided March 23, 1981 450 U.S. 464 CERTIORARI TO THE SUPREME COURT OF CALIFORNIA Syllabus Petitioner, then a 17 1/2-year-old male, was charged with violating California's "statutory rape" law, which defines unlawful sexual intercourse as "an act of sexual intercourse accomplished with a female not the wife of the perpetrator, where the female is under the age of 18 years." Prior to trial, petitioner sought to set aside the information on both state and federal constitutional grounds, asserting that the statute unlawfully discriminated on the basis of gender since men alone were criminally liable thereunder. The trial court and the California Court of Appeal denied relief, and on review the California Supreme Court upheld the statute. Held: The judgment is affirmed. Pp. 450 U. S. 468 -476; 45...
Chicago and N.W. Transp. Co. Vs. Kalo Brick
Court: US Supreme Court
Decided on: Mar-09-1981
Chicago & N.W. Transp. Co. v. Kalo Brick - 450 U.S. 311 (1981) U.S. Supreme Court Chicago & N.W. Transp. Co. v. Kalo Brick, 450 U.S. 311 (1981) Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co. No. 79-1336 Argued December 9, 1980 Decided March 9, 1981 450 U.S. 311 CERTIORARI TO THE COURT OF APPEALS OF IOWA Syllabus The Interstate Commerce Act authorizes the Interstate Commerce Commission (ICC) to regulate interstate rail carriers' abandonment of railroad lines, including branch lines. Under the Act, no such carrier may abandon a line unless it first obtains a certificate from the ICC that the present or future public convenience and necessity permit such an abandonment. After petitioner interstate rail carrier's branch line in Iowa had been damaged by mud slides, it ultimately decided not to repair, and to stop using, the line, so notified respondent brick manufacturer, which had shipped its products over the line, and applied to the ICC for a certificate p...
Carter Vs. Kentucky
Court: US Supreme Court
Decided on: Mar-09-1981
Carter v. Kentucky - 450 U.S. 288 (1981) U.S. Supreme Court Carter v. Kentucky, 450 U.S. 288 (1981) Carter v. Kentucky No. 80-5060 Argued January 14, 1981 Decided March 9, 1981 450 U.S. 288 CERTIORARI TO THE SUPREME COURT OF KENTUCKY Syllabus At petitioner's criminal trial in a Kentucky court in which no testimony was introduced on behalf of the defense, the trial judge refused petitioner's requested jury instruction that "[t]he [defendant] is not compelled to testify, and the fact that he does not cannot be used as an inference of guilt, and should not prejudice him in any way." On appeal from petitioner's conviction, the Kentucky Supreme Court rejected his argument that the Fifth and Fourteenth Amendments require the trial judge to give the requested instruction, holding that such instruction would have required the judge to "comment upon" the petitioner's failure to testify in violation of a Kentucky statute prohibiting such a comment. Held: Petitioner had a right to ...
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