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Us Supreme Court Court December 1982 Judgments

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Dec 23 1982

Kpnx Broadcasting Co. Vs. Arizona Superior Ct.

Court: US Supreme Court

Decided on: Dec-23-1982

KPNX Broadcasting Co. v. Arizona Superior Ct. - 459 U.S. 1302 (1982) U.S. Supreme Court KPNX Broadcasting Co. v. Arizona Superior Ct., 459 U.S. 1302 (1982) KPNX Broadcasting Co. v. Arizona Superior Court No. A-543 Decided December 23, 1982 459 U.S. 1302 ON APPLICATION FOR STAY Syllabus An application of a broadcasting company and several reporters and courtroom sketch artists to stay -- pending review in the Arizona Supreme Court -- orders of a state trial court that (1) prohibited court personnel, counsel, witnesses, and jurors in a murder case from speaking directly with the press, and (2) directed that all sketches of jurors be reviewed by the court before being broadcast on television, is denied. Given the procedural posture of this case, a stay is not warranted unless there is a risk of irreparable injury together with a demonstrable departure by the trial court from the law laid down in this Court's cases. Those elements are not present here. JUSTICE REHNQUIST, Circuit...


Dec 13 1982

Burlington Northern Inc. Vs. United States

Court: US Supreme Court

Decided on: Dec-13-1982

Burlington Northern Inc. v. United States - 459 U.S. 131 (1982) U.S. Supreme Court Burlington Northern Inc. v. United States, 459 U.S. 131 (1982) Burlington Northern Inc. v. United States No. 81-1008 Argued November 3, 1982 Decided December 13, 1982 459 U.S. 131 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus In 1974, San Antonio, Tex., negotiated with petitioner railroads to transport to San Antonio coal purchased under long-term contracts in Wyoming for use in the city's coal-fired electricity generating plants. Because it was not satisfied with the railroads' quoted rate for moving the coal, San Antonio filed a complaint with the Interstate Commerce Commission (ICC). In 1976, the ICC issued a temporary order, subject to modification, establishing a rate of $10.93 per ton. In 1978, on petition of the railroads, the ICC ordered the rate raised to $16.12 per ton. But both San Antonio and the railroads were dissatisfied, and in ...


Dec 13 1982

Colorado Vs. New Mexico

Court: US Supreme Court

Decided on: Dec-13-1982

Colorado v. New Mexico - 459 U.S. 176 (1982) U.S. Supreme Court Colorado v. New Mexico, 459 U.S. 176 (1982) Colorado v. New Mexico No. 80, Orig. Argued October 4, 1982 Decided December 13, 1982 459 U.S. 176 ON EXCEPTIONS TO REPORT OF SPECIAL MASTER Syllabus The Vermejo River -- which originates in southern Colorado but is located primarily in New Mexico -- is at present fully appropriated by users in New Mexico. Colorado seeks an equitable apportionment of the river's water in order to divert water for proposed uses. The Special Master, after a trial, recommended in his report that Colorado be permitted a diversion of 4,000 acre-feet per year. The Special Master recognized that strict application of the rule of prior appropriation would not permit any diversion. In applying the principle of equitable apportionment, however, he did not focus exclusively on the rule of priority, but apparently rested his recommendation on the alternative grounds that New Mexico could compensat...


Dec 13 1982

City of Port Arthur Vs. United States

Court: US Supreme Court

Decided on: Dec-13-1982

City of Port Arthur v. United States - 459 U.S. 159 (1982) U.S. Supreme Court City of Port Arthur v. United States, 459 U.S. 159 (1982) City of Port Arthur v. United States No. 81-708 Argued October 6, 1982 Decided December 13, 1982 459 U.S. 159 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Syllabus Under 5 of the Voting Rights Act of 1965, a covered State or political subdivision, such as appellant city of Port Arthur, must obtain federal preclearance of a change in its voting practices or procedures either from the Attorney General or by obtaining a declaratory judgment from the District Court for the District of Columbia that the proposed change has neither the purpose nor the effect of denying the right to vote on account of race. In 1977 and 1978, Port Arthur was consolidated with two neighboring cities and annexed an incorporated area, with the result that the percentage of the black population within Port Arthur's borders decreased from 4...


Dec 13 1982

LarkIn Vs. Grendel's Den, Inc.

Court: US Supreme Court

Decided on: Dec-13-1982

Larkin v. Grendel's Den, Inc. - 459 U.S. 116 (1982) U.S. Supreme Court Larkin v. Grendel's Den, Inc., 459 U.S. 116 (1982) Larkin v. Grendel's Den, Inc. No. 81-878 Argued October 4, 1982 Decided December 13, 1982 459 U.S. 116 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus A Massachusetts statute ( 16C) vests in the governing bodies of schools and churches the power to prevent issuance of liquor licenses for premises within a 500-foot radius of the church or school by objecting to the license applications. Appellee restaurant operator's application for a liquor license was denied when a church located 10 feet from the restaurant objected to the application. Appellee then sued the licensing authorities in Federal District Court, claiming that 16C, on its face and as applied, violated, inter alia, the Establishment Clause of the First Amendment. The District Court held that 16C is facially unconstitutional under the Establishment Clause, and t...


Dec 13 1982

Xerox Corp. Vs. County of Harris

Court: US Supreme Court

Decided on: Dec-13-1982

Xerox Corp. v. County of Harris - 459 U.S. 145 (1982) U.S. Supreme Court Xerox Corp. v. County of Harris, 459 U.S. 145 (1982) Xerox Corp. v. County of Harris No. 81-1489 Argued November 10, 1982 Decided December 13, 1982 459 U.S. 145 APPEAL FROM THE COURT OF CIVIL APPEALS OF TEXAS, FIRST SUPREME JUDICIAL DISTRICT Syllabus Appellant, a New York corporation that manufactures and sells copying machines, shipped machine parts manufactured in this country to Mexico City, Mexico, for assembly by its affiliate there. After assembly, the copiers were transported by a customs bonded trucking company to a customs bonded warehouse in Houston, Tex., where they were segregated from other merchandise and stored while awaiting sale and shipment to appellant's affiliates in Latin America. None of these copiers were ever sold to customers for domestic use, but remained under the continuous control and supervision of the United States Customs Service from the time they entered the warehouse ...


Dec 13 1982

Fec Vs. National Right to Work Comm.

Court: US Supreme Court

Decided on: Dec-13-1982

FEC v. National Right to Work Comm. - 459 U.S. 197 (1982) U.S. Supreme Court FEC v. National Right to Work Comm., 459 U.S. 197 (1982) Federal Election Commission v. National Right to Work Committee No. 81-1506 Argued November 1, 1982 Decided December 13, 1982 459 U.S. 197 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus The Federal Election Campaign Act of 1971, 2 U.S.C. 441b(a), prohibits corporations and labor unions from making contributions or expenditures in connection with federal elections. The section, however, permits some participation by unions and corporations in the federal electoral process by allowing these organizations to establish and pay the expenses of "separate segregated funds" which may be used for political purposes during federal elections. The Act restricts the operations of such segregated funds in several respects. Of most relevance here, 2 U.S.C. 441b(b)(4)(A) and 441b(b)(4)(C) provide that a corpo...


Dec 08 1982

Brown Vs. Socialist Workers Comm.

Court: US Supreme Court

Decided on: Dec-08-1982

Brown v. Socialist Workers Comm. - 459 U.S. 87 (1982) U.S. Supreme Court Brown v. Socialist Workers Comm., 459 U.S. 87 (1982) Brown v. Socialist Workers '74 Campaign Committee No. 81-776 Argued October 4, 1982 Decided December 8, 1982 459 U.S. 87 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO Syllabus Held: The disclosure provisions of the Ohio Campaign Expense Reporting Law requiring every candidate for political office to report the names and addresses of campaign contributors and recipients of campaign disbursements, cannot be constitutionally applied to appellee Socialist Workers Party (SWP), a minor political party that historically has been the object of harassment by Government officials and private parties. Pp. 459 U. S. 91 -102. (a) The First Amendment prohibits a State from compelling disclosures by a minor political party that will subject those persons identified to the reasonable probability of threats, harassment, or reprisa...


Dec 06 1982

Gillette Co. Vs. Miner

Court: US Supreme Court

Decided on: Dec-06-1982

GILLETTE CO. v. MINER - 459 U.S. 86 (1982) U.S. Supreme Court GILLETTE CO. v. MINER, 459 U.S. 86 (1982) 459 U.S. 86 GILLETTE CO. v. MINER CERTIORARI TO THE SUPREME COURT OF ILLINOIS No. 81-1493. Argued November 10, 1982 Decided December 6, 1982 Certiorari dismissed for want of jurisdiction. Reported below: 87 Ill. 2d 7, 428 N. E. 2d 478. Arthur R. Miller argued the cause for petitioner. With him on the briefs were H. Blair White, Russell M. Baird, George A. Platz, and James P. Connolly. Robert S. Atkins argued the cause for respondent. With him on the brief were Kenneth P. Ross, Paul Bernstein, and Harry G. Fins. * [ Footnote * ] Briefs of amici curiae urging reversal were filed by Harold D. Shapiro and Duane C. Quaini for the National Association of Independent Insurers et al.; by Joseph D. Alviani and Wayne S. Henderson for the New England Legal Foundation; and by Thomas J. Brandi and C. Delos Putz, Jr., for the plaintiffs in the "Dalkon Shield" IUD Products Liability...


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