Us Supreme Court Court March 1982 Judgments
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Weinberger Vs. Rossi
Court: US Supreme Court
Decided on: Mar-31-1982
Weinberger v. Rossi - 456 U.S. 25 (1982) U.S. Supreme Court Weinberger v. Rossi, 456 U.S. 25 (1982) Weinberger v. Rossi No. 80-1924 Argued February 22, 1982 Decided March 31, 1982 456 U.S. 25 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus In 1968, the President entered into an agreement with the Republic of the Philippines providing for the preferential employment of Filipino citizens at United States military bases in the Philippines. In 1971, Congress enacted 106 of Pub.L. 92-129, which prohibits employment discrimination against United States citizens on military bases overseas unless permitted by "treaty." Thereafter, respondent United States citizens residing in the Philippines were notified that their jobs at a naval base there were being converted into local national positions in accordance with the 1968 agreement. After unsuccessfully pursuing an administrative remedy, respondents then filed suit in Federal District C...
United States Vs. Macdonald
Court: US Supreme Court
Decided on: Mar-31-1982
United States v. MacDonald - 456 U.S. 1 (1982) U.S. Supreme Court United States v. MacDonald, 456 U.S. 1 (1982) United States v. MacDonald No. 80-1582 Argued December 7, 1981 Decided March 31, 1982 456 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus In May, 1970, the Army formally charged respondent, a captain in the Army Medical Corps, with the murders earlier that year of his pregnant wife and two children on a military reservation. Later that year, the military charges were dismissed and the respondent was honorably discharged on the basis of hardship, but, at the Justice Department's request, the Army Criminal Investigation Division (CID) continued its investigation of the homicides. In June, 1972, the CID forwarded a report recommending further investigation, and the Justice Department, in 1974, ultimately presented the matter to a grand jury, which returned an indictment in January, 1975, charging respondent with the three murde...
Santosky Vs. Kramer
Court: US Supreme Court
Decided on: Mar-24-1982
Santosky v. Kramer - 455 U.S. 745 (1982) U.S. Supreme Court Santosky v. Kramer, 455 U.S. 745 (1982) Santosky v. Kramer No. 80-5889 Argued November 10, 1981 Decided March 24, 1982 455 U.S. 745 CERTIORARI TO THE APPELLATE DIVISION, SUPREME COURT OF NEW YORK, THIRD JUDICIAL DEPARTMENT Syllabus Under New York law, the State may terminate, over parental objection, the rights of parents in their natural child upon a finding that the child is "permanently neglected." The New York Family Court Act ( 622) requires that only a "fair preponderance of the evidence" support that finding. Neglect proceedings were brought in Family Court to terminate petitioners' rights as natural parents in their three children. Rejecting petitioners' challenge to the constitutionality of 622's "fair preponderance of the evidence" standard, the Family Court weighed the evidence under that standard and found permanent neglect. After a subsequent dispositional hearing, the Family Court ruled that the best...
Underwriters Nat'l Assur. Vs. N.C. Life and Acc.
Court: US Supreme Court
Decided on: Mar-24-1982
Underwriters Nat'l Assur. v. N.C. Life & Acc. - 455 U.S. 691 (1982) U.S. Supreme Court Underwriters Nat'l Assur. v. N.C. Life & Acc., 455 U.S. 691 (1982) Underwriters National Assurance Co. v. North Carolina Life & Accident & Health Insurance Guaranty Assn. No. 80-1496 Argued November 9, 1981 Decided March 24, 1982 455 U.S. 691 CERTIORARI TO THE COURT OF APPEALS OF NORTH CAROLINA Syllabus Petitioner, an Indiana stock insurance corporation, as required by law to do business in North Carolina, was a member of respondent North Carolina Life and Accident and Health Insurance Guaranty Association (North Carolina Association), which, under a North Carolina statute, is ultimately responsible for fulfilling the policy obligations of members that become insolvent or otherwise fail to meet their policy obligations. Because of its questionable financial condition, petitioner was required by respondent North Carolina Commissioner of Insurance to post a $100,000 deposit for the benefi...
United Transp. Union Vs. Long Island R. Co.
Court: US Supreme Court
Decided on: Mar-24-1982
United Transp. Union v. Long Island R. Co. - 455 U.S. 678 (1982) U.S. Supreme Court United Transp. Union v. Long Island R. Co., 455 U.S. 678 (1982) United Transportation Union v. Long Island Rail Road Co. No. 80-1925 Argued January 20, 1982 Decided March 24, 1982 455 U.S. 678 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Respondent Railroad, formerly under private ownership, was acquired by New York State in 1966 and is engaged in interstate commerce. Some 13 years later, petitioner Union, representing the Railroad's employees, and the Railroad failed to reach an agreement after conducting collective bargaining negotiations pursuant to the Railway Labor Act, and mediation efforts also failed to produce agreement. This triggered a 30-day cooling-off period under that Act, at the expiration of which the Act permits a union to resort to a strike. Anticipating that New York would challenge the Railway Labor Act's applicability to the Railroad,...
United States Vs. New Mexico
Court: US Supreme Court
Decided on: Mar-24-1982
United States v. New Mexico - 455 U.S. 720 (1982) U.S. Supreme Court United States v. New Mexico, 455 U.S. 720 (1982) United States v. New Mexico No. 80-702 Argued December 8, 1981 Decided March 24, 1982 455 U.S. 720 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Sandia Corporation and Zia Company have contracts with the Federal Government to manage certain Government-owned atomic laboratories located in New Mexico. Los Alamos Constructors, Inc., has a Government contract for construction and repair work at one of the laboratories. The contracts use an "advanced funding" procedure to meet contractor costs whereby the contractor is allowed to pay creditors and employees with drafts drawn on a special bank account in which United States Treasury funds are deposited, so that only federal funds are expended when the contractor meets its obligations. New Mexico imposes a gross receipts tax and a compensating use tax on those doing business within...
U.S. Ind./Fed. Sheet Metal, Inc. Vs. Director, Owcp
Court: US Supreme Court
Decided on: Mar-23-1982
U.S. Ind./Fed. Sheet Metal, Inc. v. Director, OWCP - 455 U.S. 608 (1982) U.S. Supreme Court U.S. Ind./Fed. Sheet Metal, Inc. v. Director, OWCP, 455 U.S. 608 (1982) U.S. Industries/Federal Sheet Metal, Inc. v. Director, Office of Workers' Compensation Programs No. 80-518 Argued October 6, 1981 Decided March 23, 1982 455 U.S. 608 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Respondent Riley (hereafter respondent) awoke on the morning of November 20, 1975, with severe pains in his neck, shoulders, and arms. Subsequently, he filed a claim for disability benefits under the Longshoremen's and Harbor Workers' Compensation Act (Act), alleging that he suffered an accidental injury in the course of his employment on November 19, 1975, when he was lifting duct work and felt a sharp pain in his neck. The Administrative Law Judge found that the accident never occurred, and denied the claim, and the Benefits Review Board affirmed. The Co...
American Medical Assn. Vs. Ftc
Court: US Supreme Court
Decided on: Mar-23-1982
AMERICAN MEDICAL ASSN. v. FTC - 455 U.S. 676 (1982) U.S. Supreme Court AMERICAN MEDICAL ASSN. v. FTC, 455 U.S. 676 (1982) 455 U.S. 676 AMERICAN MEDICAL ASSOCIATION ET AL. v. FEDERAL TRADE COMMISSION. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. No. 80-1690. Argued January 11, 1982 Decided March 23, 1982 638 F.2d 443 , affirmed by an equally divided Court. Newton N. Minow argued the cause for petitioners. With him on the briefs were Jack R. Bierig, David W. Carpenter, William J. Doyle, and Linda L. Randell. Howard E. Shapiro argued the cause for respondent. With him on the brief were Solicitor General Lee, Assistant Attorney General Baxter, Deputy Solicitor General Shapiro, Elliott Schulder, March Coleman, and L. Barry Costilo. * [ Footnote * ] Peter M. Sfikas filed a brief for the American Dental Association as amicus curiae urging reversal. A brief for the State of Ohio et al. as amici curiae urging affirmance was filed by William J. Brown,...
Mcelroy Vs. United States
Court: US Supreme Court
Decided on: Mar-23-1982
McElroy v. United States - 455 U.S. 642 (1982) U.S. Supreme Court McElroy v. United States, 455 U.S. 642 (1982) McElroy v. United States No. 80-6680 Argued January 12, 1982 Decided March 23, 1982 455 U.S. 642 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Petitioner was convicted in Federal District Court of two counts of violating 18 U.S.C. 2314, which prohibits the transportation "in interstate or foreign commerce [of] any . . . forged . . . securities . . knowing the same to have been . . . forged." The proof at trial showed that blank checks had been stolen in Ohio, and that, several months later, petitioner used two of the checks, on which signatures had been forged, to pay for a car and for a boat and trailer purchased in separate transactions in Pennsylvania. The trial court instructed the jury that, in order to find petitioner guilty, it must find that he transported the checks in a forged condition in "interstate commerce," and tha...
Lane Vs. Williams
Court: US Supreme Court
Decided on: Mar-23-1982
Lane v. Williams - 455 U.S. 624 (1982) U.S. Supreme Court Lane v. Williams, 455 U.S. 624 (1982) Lane v. Williams No. 80-1240 Argued December 1, 1981 Decided March 23, 1982 455 U.S. 624 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus In 1975, both respondents pleaded guilty in unrelated Illinois state court prosecutions for burglary, an offense punishable at that time by imprisonment for an indeterminate term of years and a mandatory 3-year parole term. Neither respondent, during his plea acceptance hearing, was informed that his negotiated sentence included the mandatory parole term. Each respondent completed his prison sentence, was released on parole, and was then reincarcerated for parole violation. While in custody, each filed petitions for federal habeas corpus, which were consolidated in the District Court, alleging that the failure of the trial courts to advise them of the mandatory parole requirement before accepting their guilty pl...
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