Us Supreme Court Court June 1982 Judgments
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Toll Vs. Moreno
Court: US Supreme Court
Decided on: Jun-28-1982
Toll v. Moreno - 458 U.S. 1 (1982) U.S. Supreme Court Toll v. Moreno, 458 U.S. 1 (1982) Toll v. Moreno No. 80-2178 Argued March 2, 1982 Decided June 28, 1982 458 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Held: The University of Maryland's policy of categorically denying domiciled nonimmigrant aliens who hold G-4 visas (visas issued to nonimmigrant aliens who are officers or employees of certain international organizations and to members of their immediate families) in-state status under which preferential treatment is given to domiciled citizen and immigrant alien students for purposes of tuition and fees is invalid under the Supremacy Clause. Pp. 458 U. S. 10 -19. (a) "[S]tate regulation not congressionally sanctioned that discriminates against aliens lawfully admitted to the country is impermissible if it imposes additional burdens not contemplated by Congress." De Canas v. Bica, 424 U. S. 351 , 424 U. S. 358 , n. 6. ...
Fidelity Fed. S. and L. Vs. De La Cuesta
Court: US Supreme Court
Decided on: Jun-28-1982
Fidelity Fed. S. & L. v. De la Cuesta - 458 U.S. 141 (1982) U.S. Supreme Court Fidelity Fed. S. & L. v. De la Cuesta, 458 U.S. 141 (1982) Fidelity Federal Savings & Loan Association v. De la Cuesta No. 81-750 Argued April 28, 1982 Decided June 28, 1982 458 U.S. 141 APPEAL FROM THE COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT Syllabus Section 5(a) of the Home Owners' Loan Act of 1933 (HOLA) empowers the Federal Home Loan Bank Board (Board), under such regulations as it may prescribe, to provide for the organization, operation, and regulation of federal savings and loan associations. Pursuant to this authorization, the Board issued a regulation providing that a federal savings and loan association "continues to have the power to include . . . in its loan instrument" a "due-on-sale" clause, i.e., a provision that permits the association to declare the entire balance of the loan immediately due and payable if the property securing the loan is sold or otherwise tra...
Union Labor Life Ins. Co. Vs. Pireno
Court: US Supreme Court
Decided on: Jun-28-1982
Union Labor Life Ins. Co. v. Pireno - 458 U.S. 119 (1982) U.S. Supreme Court Union Labor Life Ins. Co. v. Pireno, 458 U.S. 119 (1982) Union Labor Life Ins. Co. v. Pireno No. 81-389 Argued April 27, 1982 Decided June 28, 1982 * 458 U.S. 119 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus As required by New York law, petitioner Union Labor Life Insurance Co. (ULL) issues health insurance policies covering certain policyholder claims for chiropractic treatments. Some ULL policies limit the company's liability to "reasonable" charges for "necessary" medical care and services. In order to determine whether particular chiropractors' treatments and fees were necessary and reasonable, ULL arranged with petitioner New York State Chiropractic Association (NYSCA), a professional association of chiropractors, to use the advice of its Peer Review Committee, which was established primarily to aid insurers in evaluating claims for chiropractic treatments,...
United States Vs. Hollywood Motor Car Co., Inc.
Court: US Supreme Court
Decided on: Jun-28-1982
United States v. Hollywood Motor Car Co., Inc. - 458 U.S. 263 (1982) U.S. Supreme Court United States v. Hollywood Motor Car Co., Inc., 458 U.S. 263 (1982) United States v. Hollywood Motor Car Co., Inc. No. 81-1144 Decided June 28, 1982 458 U.S. 263 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus After respondents, originally indicted on two federal criminal counts in the Eastern District of Kentucky, obtained a change of venue to the Central District of California, the Government secured a superseding indictment which added four new counts. The Government then obtained a voluntary dismissal of three of the counts (including one of the original counts), and respondents moved to dismiss the remaining counts on the ground that the superseding indictment manifested prosecutorial vindictiveness in retaliation for their exercising their right to a change of venue, and thus ran afoul of the rule announced in Blackledge v. Pe...
Northern Pipeline Vs. Marathon Pipe Line
Court: US Supreme Court
Decided on: Jun-28-1982
Northern Pipeline v. Marathon Pipe Line - 458 U.S. 50 (1982) U.S. Supreme Court Northern Pipeline v. Marathon Pipe Line, 458 U.S. 50 (1982) Northern Pipeline Constr. Co. v. Marathon Pipe Line Co. No. 81-150 Argued April 27, 1982 Decided June 28, 1982 * 458 U.S. 50 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA Syllabus The Bankruptcy Act of 1978 (Act) established a United States bankruptcy court in each judicial district as an adjunct to the district court for such district. The bankruptcy court judges are appointed for 14-year terms, subject to removal by the judicial council of the circuit in which they serve on grounds of incompetence, misconduct, neglect of duty, or disability. Their salaries are set by statute, and are subject to adjustment. The Act grants the bankruptcy courts jurisdiction over "all civil proceedings arising under title 11 [bankruptcy] [of the United States Code] or arising in or related to cases under title 11." See 28 ...
Ford Motor Co. Vs. Eeoc
Court: US Supreme Court
Decided on: Jun-28-1982
Ford Motor Co. v. EEOC - 458 U.S. 219 (1982) U.S. Supreme Court Ford Motor Co. v. EEOC, 458 U.S. 219 (1982) Ford Motor Co. v. Equal Employment Opportunity Commission No. 81-300 Argued April 20, 1982 Decided June 28, 1982 458 U.S. 219 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Held: An employer charged with discrimination in hiring under Title VII of the Civil Rights Act of 1964 can toll the continuing accrual of backpay liability under 706(g) of Title VII by unconditionally offering the claimant the job previously denied, and is not required to offer seniority retroactive to the date of the alleged discrimination. Thus, absent special circumstances, the rejection of an employer's unconditional job offer ends the accrual of potential backpay liability. Pp. 458 U. S. 225 -241. (a) This rule serves Title VII's objective of ending discrimination through voluntary compliance, for it gives the employer a strong incentive to hire the clai...
Board of Educ. Vs. Rowley
Court: US Supreme Court
Decided on: Jun-28-1982
Board of Educ. v. Rowley - 458 U.S. 176 (1982) U.S. Supreme Court Board of Educ. v. Rowley, 458 U.S. 176 (1982) Board of Education, Hendrick Hudson Central School District v. Rowley No. 80-1002 Argued March 23, 1982 Decided June 28, 1982 458 U.S. 176 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The Education of the Handicapped Act (Act) provides federal money to assist state and local agencies in educating handicapped children. To qualify for federal assistance, a State must demonstrate, through a detailed plan submitted for federal approval, that it has in effect a policy that assures all handicapped children the right to a "free appropriate public education," which policy must be tailored to the unique needs of the handicapped child by means of an "individualized educational program" (IEP). The IEP must be prepared (and reviewed at least annually) by school officials with participation by the child's parents or guardian. The Act also r...
Michigan Vs. Thomas
Court: US Supreme Court
Decided on: Jun-28-1982
Michigan v. Thomas - 458 U.S. 259 (1982) U.S. Supreme Court Michigan v. Thomas, 458 U.S. 259 (1982) Michigan v. Thomas No. 8193 Decided June 28, 1982 458 U.S. 259 ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEALS OF MICHIGAN Syllabus After the police had stopped respondent's automobile for a traffic violation, respondent, who was riding as a passenger, was arrested for possession of open intoxicants, and the driver was issued a citation for not having a driver's license. An inventory search of the car was made before it was towed, disclosing marihuana in the unlocked glove compartment and, upon a more thorough search, a loaded revolver in an air vent under the dashboard. Respondent was convicted in a Michigan state court for possession of a concealed weapon. The Michigan Court of Appeals reversed, holding that the warrantless search of respondent's automobile violated the Fourth Amendment. Held: There was no violation of respondent's Fourth Amendment rights by the...
Rendell-baker Vs. Kohn
Court: US Supreme Court
Decided on: Jun-25-1982
Rendell-Baker v. Kohn - 457 U.S. 830 (1982) U.S. Supreme Court Rendell-Baker v. Kohn, 457 U.S. 830 (1982) Rendell-Baker v. Kohn No. 80-2102 Argued April 19, 1982 Decided June 25, 1982 457 U.S. 830 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Respondent school is a privately operated school for maladjusted high school students. In recent years, nearly all of the students have been referred to the school by city school committees under a Massachusetts statute or by a state agency. When the students are referred to the school by the city committees, these cities pay for the students' education. The school also receives funds from a number of state and federal agencies. Public funds have recently accounted for at least 90% of the school's operating budget. To be eligible for tuition funding under the state statute, the school must comply with a variety of state regulations, but these regulations impose few specific personnel requirements. Simi...
Clements Vs. Fashing
Court: US Supreme Court
Decided on: Jun-25-1982
Clements v. Fashing - 457 U.S. 957 (1982) U.S. Supreme Court Clements v. Fashing, 457 U.S. 957 (1982) Clements v. Fashing No. 80-1290 Argued January 12, 1982 Decided June 25, 1982 457 U.S. 957 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Article III, 19, of the Texas Constitution provides that "[n]o judge of any court, Secretary of State, Attorney General, clerk of any court of record, or any person holding a lucrative office under the United States, or this State, or any foreign government shall during the term for which he is elected or appointed, be eligible to the Legislature." As interpreted by the Texas Supreme Court, 19 requires an officeholder to complete his current term of office -- if it overlaps the legislature's term -- before he may be eligible to serve in the state legislature. Article XVI, 65, provides that, if holders of certain state and county offices whose unexpired term exceeds one year become candidates for any oth...
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