Us Supreme Court Court April 1981 Judgments
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University of Texas Vs. Camenisch
Court: US Supreme Court
Decided on: Apr-29-1981
University of Texas v. Camenisch - 451 U.S. 390 (1981) U.S. Supreme Court University of Texas v. Camenisch, 451 U.S. 390 (1981) University of Texas v. Camenisch No. 8317 Argued March 31, 1981 Decided April 29, 1981 451 U.S. 390 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Respondent, a deaf graduate student at petitioner University, filed a complaint in Federal District Court, alleging that the University had violated 504 of the Rehabilitation Act of 1973 by discriminatorily refusing to pay for a sign language interpreter for respondent, and declaratory and injunctive relief was sought. Finding a possibility that respondent would be irreparably harmed in the absence of an injunction, and that he was likely to prevail on the merits, the District Court, inter alia, granted a preliminary injunction on the condition that respondent post a security bond pending the outcome of the litigation. The Court of Appeals affirmed the grant of the injunction. I...
Ball Vs. James
Court: US Supreme Court
Decided on: Apr-29-1981
Ball v. James - 451 U.S. 355 (1981) U.S. Supreme Court Ball v. James, 451 U.S. 355 (1981) Ball v. James No. 79-1740 Argued February 23, 1981 Decided April 29, 1981 451 U.S. 355 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The Salt River Project Agricultural Improvement and Power District (District), a governmental entity, stores and delivers untreated water to the owners of 236,000 acres of land in central Arizona, and, to subsidize its water operations, sells electricity to hundreds of thousands of people in an area including a large part of metropolitan Phoenix. Under state law, the system for electing the District's directors limits voting eligibility to landowners and apportions voting power according to the number of acres owned. A class of registered voters living within the District but owning either no land or less than an acre of land there filed suit, claiming that the election scheme violated the Equal Protection Clause of the Fou...
Staats, Vs. Bristol Laboratories
Court: US Supreme Court
Decided on: Apr-29-1981
STAATS, v. BRISTOL LABORATORIES - 451 U.S. 400 (1981) U.S. Supreme Court STAATS, v. BRISTOL LABORATORIES, 451 U.S. 400 (1981) 451 U.S. 400 STAATS, COMPTROLLER GENERAL OF THE UNITED STATES, ET AL. v. BRISTOL LABORATORIES DIVISION OF BRISTOL-MYERS CO. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. No. 80-264. Argued March 24, 1981. Decided April 29, 1981. 620 F.2d 17 , affirmed by an equally divided Court. Mark I. Levy argued the cause for petitioners. With him on the briefs were Solicitor General McCree, Acting Assistant Attorney General Martin, Deputy Solicitor General Geller, Michael Kimmel, Robert Kaplan, and Milton J. Socolar. Gilbert H. Weil argued the cause for respondent. With him on the brief was Robert L. Sherman. * [ Footnote * ] Philip Lacovara, Ronald A. Stern, Stanley L. Temko, Charles Lister, and Clare Dalton filed a brief for Merck & Co., Inc., et al. as amici curiae urging affirmance. PER CURIAM. The judgment is affirmed ...
City of Milwaukee Vs. Illinois
Court: US Supreme Court
Decided on: Apr-28-1981
City of Milwaukee v. Illinois - 451 U.S. 304 (1981) U.S. Supreme Court City of Milwaukee v. Illinois, 451 U.S. 304 (1981) City of Milwaukee v. Illinois No. 7908 Argued December 2, 1980 Decided April 28, 1981 451 U.S. 304 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus In original proceedings brought by respondent State of Illinois, alleging that petitioners -- the city of Milwaukee, its Sewerage Commission, and Milwaukee County's Metropolitan Sewerage Commission -- and other Wisconsin cities were polluting Lake Michigan because of overflows of untreated sewage from their sewer systems and discharges of inadequately treated sewage from their treatment plants, this Court recognized the existence of a federal "common law" which could give rise to a claim for abatement of a nuisance caused by interstate water pollution, but declined to exercise original jurisdiction because of the availability of a lower court action. Illinois v. Milwaukee, 4...
California Vs. Sierra Club
Court: US Supreme Court
Decided on: Apr-28-1981
California v. Sierra Club - 451 U.S. 287 (1981) U.S. Supreme Court California v. Sierra Club, 451 U.S. 287 (1981) California v. Sierra Club No. 79-1252 Argued January 21, 1981 Decided April 28, 1981 * 451 U.S. 287 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Section 10 of the Rivers and Harbors Appropriation Act of 1899 (Act) prohibits "[t]he creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the Unit.ed States." An environmental organization and two private citizens (hereafter respondents) brought an action in Federal District Court seeking to enjoin, as a violation of 10, the construction and operation of water diversion facilities which are part of the California Water Project, a series of water storage and transportation facilities designed to transport water from northern to central and southern California. The District Court held, inter alia, that respondents ...
Markham Vs. Geller
Court: US Supreme Court
Decided on: Apr-27-1981
Markham v. Geller - 451 U.S. 945 (1981) U.S. Supreme Court Markham v. Geller, 451 U.S. 945 (1981) Markham v. Geller No. 80-1258 Decided April 27, 1981 451 U.S. 945 ON PETITION FOR CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT The petition for a writ of certiorari is denied. JUSTICE REHNQUIST, dissenting. This case presents the question whether a school board may enact a policy which, for budgetary reasons, favors the hiring of less experienced teachers. Because I think the Court of Appeals for the Second Circuit erred in holding that such a policy violates the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq., I dissent from the denial of the petition for a writ of certiorari. The respondent in this action was 55 years old when she applied for a position as an art teacher in the West Hartford, Conn., school system. Respondent had 13 years of prior experience as a teacher in New Jersey. When the job opening for whi...
Arizona Vs. Manypenny
Court: US Supreme Court
Decided on: Apr-21-1981
Arizona v. Manypenny - 451 U.S. 232 (1981) U.S. Supreme Court Arizona v. Manypenny, 451 U.S. 232 (1981) Arizona v. Manypenny No. 79-621 Argued November 10, 1980 Decided April 21, 1981 451 U.S. 232 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondent was indicted in an Arizona state court for the commission of a state crime. Because the charge arose from an act committed while he was on duty as a federal Border Patrol Agent, respondent, pursuant to 28 U.S.C. 1442(a)(1), removed the case to Federal District Court. After a jury trial, a guilty verdict was returned, but ultimately the District Court sua sponte concluded that respondent had a valid immunity defense, and entered a judgment of acquittal. The State appealed, but the Court of Appeals dismissed the appeal for lack of jurisdiction, holding, inter alia, that a criminal proceeding removed to federal court under 1442(a)(1) arises under federal law, and accordingly is controlled...
Steagald Vs. United States
Court: US Supreme Court
Decided on: Apr-21-1981
Steagald v. United States - 451 U.S. 204 (1981) U.S. Supreme Court Steagald v. United States, 451 U.S. 204 (1981) Steagald v. United States No. 79-6777 Argued January 14, 1981 Decided April 21, 1981 451 U.S. 204 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Pursuant to an arrest warrant for one Lyons, Drug Enforcement Administration agents entered petitioner's home to search for Lyons without first obtaining a search warrant. In the course of searching the home, the agents found cocaine and other incriminating evidence, but did not find Lyons. Petitioner was then arrested and indicted on federal drug charges. His pretrial motion to suppress all evidence uncovered during the search of his home on the ground that it was illegally obtained because the agents had failed to obtain a search warrant was denied by the District Court, and petitioner was convicted. The Court of Appeals affirmed. Held: 1. The Government is precluded from contending ...
Watt Vs. Alaska
Court: US Supreme Court
Decided on: Apr-21-1981
Watt v. Alaska - 451 U.S. 259 (1981) U.S. Supreme Court Watt v. Alaska, 451 U.S. 259 (1981) Watt v. Alaska No. 79-1890 Argued January 13, 1981 Decided April 21, 1981 * 451 U.S. 259 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The Kenai National Moose Range was created in 1941 as a national wildlife refuge by withdrawing acreage from public lands in Alaska. Commercially significant quantities of oil underlie the Range, and the Secretary of the Interior issued oil and gas leases for the Range, beginning in the 1950's. The Secretary has distributed revenues from these leases according to the formula provided in 35 of the Mineral Leasing Act of 1920, whereby 90% of the revenues are paid to Alaska and 10 to the United States Treasury. In 1964, 401(a) of the Wildlife Refuge Revenue Sharing Act was amended so as to add the word "minerals" to the list of refuge resources, the revenues from which were to be distributed according to the formula p...
ScIndia Steam Nav. Co., Ltd. Vs. Santos
Court: US Supreme Court
Decided on: Apr-21-1981
Scindia Steam Nav. Co., Ltd. v. Santos - 451 U.S. 156 (1981) U.S. Supreme Court Scindia Steam Nav. Co., Ltd. v. Santos, 451 U.S. 156 (1981) Scindia Steam Navigation Co., Ltd. v. Santos No. 79-512 Argued December 1, 1980 Decided April 21, 1981 451 U.S. 156 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondent longshoreman, an employee of respondent stevedore who was engaged by petitioner shipowner to load its vessel, was injured while working in the ship's hold when he was struck by cargo that fell from a pallet being held in suspension by a winch that was part of the ship's gear and was being operated by another longshoreman. The winch's braking mechanism allegedly had been malfunctioning for two days preceding the day of the accident, but there was a dispute as to whether the cargo fell because the suspended pallet was swinging back and forth or because the braking mechanism slipped while the pallet was suspended, and as to whether the ...
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