Us Supreme Court Court February 1983 Judgments
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Maryland Vs. United States
Court: US Supreme Court
Decided on: Feb-28-1983
Maryland v. United States - 460 U.S. 1001 (1983) U.S. Supreme Court Maryland v. United States, 460 U.S. 1001 (1983) Maryland v. United States Nos. 82-953, 82-953, 82992, 821001 Decided February 28, 1983 460 U.S. 1001 The judgment is affirmed. MR. JUSTICE REHNQUIST, with whom THE CHIEF JUSTICE and JUSTICE WHITE join, dissenting from summary affirmance. These consolidated cases raise questions concerning the settlement of a civil antitrust suit brought by the United States against American Telephone & Telegraph Co. ("AT & T"). In January, 1982, the parties announced a settlement in the form of a consent decree. The proposed settlement was filed in the District Court for the District of Columbia, which ordered the start of procedures provided for in the Antitrust Procedures & Penalties Act, 15 U.S.C. 16(b) et seq. ("the Act"). The Act provides: "Before entering any consent judgment proposed by the United States under this Section, the court shall determine that the entry of...
White Vs. Mass. Council of Constr. Employers
Court: US Supreme Court
Decided on: Feb-28-1983
White v. Mass. Council of Constr. Employers - 460 U.S. 204 (1983) U.S. Supreme Court White v. Mass. Council of Constr. Employers, 460 U.S. 204 (1983) White v. Massachusetts Council of Construction Employers, Inc. No. 81-1003 Argued November 1, 1982 Decided February 28, 1983 460 U.S. 204 CERTIORARI TO THE SUPREME JUDICIAL COURT OF MASSACHUSETTS Syllabus Petitioner Mayor of Boston, Mass., issued an executive order requiring all construction projects funded in whole or in part by city funds or funds that the city had authority to administer to be performed by a workforce at least half of which are bona fide residents of the city. The Massachusetts Supreme Judicial Court held the order unconstitutional under the Commerce Clause. Held: The Commerce Clause does not prevent the city from giving effect to the Mayor's executive order. Pp. 460 U. S. 206 -215. (a) When a state or local government enters the market as a participant, it is not subject to the restraints of the Commer...
Cone Mem. Hosp. Vs. Mercury Constr. Corp.
Court: US Supreme Court
Decided on: Feb-23-1983
Cone Mem. Hosp. v. Mercury Constr. Corp. - 460 U.S. 1 (1983) U.S. Supreme Court Cone Mem. Hosp. v. Mercury Constr. Corp., 460 U.S. 1 (1983) Moses H. Cone Memorial Hospital v. Mercury Construction Corp. No. 81-1203 Argued November 2, 1982 Decided February 23, 1983 460 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Petitioner, a hospital located in North Carolina, entered into a contract with respondent contractor, an Alabama corporation, for construction of additions to the hospital building. Contract disputes were to be initially referred to the architect who was hired to design and oversee the construction project. Disputes decided by the architect or not decided within a specified time could be submitted to binding arbitration under an arbitration clause in the contract. Subsequently, during construction, respondent submitted claims to the architect for extended overhead or increase in construction costs due to petitioner's delay o...
Jefferson Cty. Pharm. Ass'n Vs. Abbott Labs.
Court: US Supreme Court
Decided on: Feb-23-1983
Jefferson Cty. Pharm. Ass'n v. Abbott Labs. - 460 U.S. 150 (1983) U.S. Supreme Court Jefferson Cty. Pharm. Ass'n v. Abbott Labs., 460 U.S. 150 (1983) Jefferson County Pharmaceutical Association v. Abbott Laboratories No. 81-827 Argued November 8, 1982 Decided February 23, 1983 460 U.S. 150 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Petitioner trade association of retail pharmacists and pharmacies filed an antitrust suit in Federal District Court against respondent pharmaceutical manufacturers, the Board of Trustees of the University of Alabama, which operates pharmacies in connection with its hospitals, and a county hospital pharmacy. Petitioner alleged that respondent manufacturers violated the price-discrimination proscriptions of the Robinson-Patman Act by selling their products to respondent hospital pharmacies at prices lower than those charged petitioners' members for like products, and that respondent pharmacies knowingly induced ...
City of Lockhart Vs. United States
Court: US Supreme Court
Decided on: Feb-23-1983
City of Lockhart v. United States - 460 U.S. 125 (1983) U.S. Supreme Court City of Lockhart v. United States, 460 U.S. 125 (1983) City of Lockhart v. United States No. 81-802 Argued November 3, 1982 Decided February 23, 1983 460 U.S. 125 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Syllabus Prior to 1973, appellant Texas city was a "general law" city governed by a commission consisting of a mayor and two commissioners, all serving the same 2-year terms. These offices were filled in even-numbered years through at-large elections using a "numbered post" system whereby the two commission posts were designated by number, and each candidate specified the post for which he or she sought election. In 1973, appellant became a "home rule" city, and adopted a new charter whereby it would be governed by a mayor and four councilmen serving staggered 2-year terms, with the mayor and two councilmen being elected in even-numbered years through at-large electio...
Connecticut Vs. Johnson
Court: US Supreme Court
Decided on: Feb-23-1983
Connecticut v. Johnson - 460 U.S. 73 (1983) U.S. Supreme Court Connecticut v. Johnson, 460 U.S. 73 (1983) Connecticut v. Johnson, 460 U.S. 73 (1983) No. 81-927 Argued October 13, 1982 Decided February 23, 1983 460 U.S. 73 CERTIORARI TO THE SUPREME COURT OF CONNECTICUT Syllabus Upon a jury trial in a Connecticut state court, respondent was convicted of all the charges under a multicount information, including charges of attempted murder and robbery. The trial court's general instructions to the jury included an instruction that "a person's intention may be inferred from his conduct and every person is conclusively presumed to intend the natural and necessary consequences of his act." In specific instructions on the elements of each crime, the charge as to attempted murder again referred to a conclusive presumption of intent, but the instructions on robbery did not contain any further discussion of intent. While respondent's appeal was pending, this Court decided Sandstrom ...
Lockheed Aircraft Corp Vs. United States
Court: US Supreme Court
Decided on: Feb-23-1983
Lockheed Aircraft Corp v. United States - 460 U.S. 190 (1983) U.S. Supreme Court Lockheed Aircraft Corp v. United States, 460 U.S. 190 (1983) Lockheed Aircraft Corp v. United States No. 81-1181 Argued November 30, 1982 Decided February 23, 1983 460 U.S. 190 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus A civilian employee of the United States Navy died in the crash of an aircraft operated by the United States Air Force and manufactured by petitioner. The United States paid death benefits to the employee's survivors under the Federal Employees' Compensation Act (FECA). Thereafter, the employee's administrator filed suit against petitioner in Federal District Court, seeking damages for the employee's wrongful death and for injuries suffered prior to her death. Petitioner, asserting a right to indemnification under the Federal Tort Claims Act, impleaded the United States as a third-party defendant. Petitioner settled the adminis...
Perry Educ. Ass'n Vs. Perry Educators' Ass'n
Court: US Supreme Court
Decided on: Feb-23-1983
Perry Educ. Ass'n v. Perry Educators' Ass'n - 460 U.S. 37 (1983) U.S. Supreme Court Perry Educ. Ass'n v. Perry Educators' Ass'n, 460 U.S. 37 (1983) Perry Education Association v. Perry Local Educators' Association No. 81-896 Argued October 13, 1982 Decided February 23, 1983 460 U.S. 37 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Under a collective bargaining agreement between the Board of Education of Perry Township, Ind., and Perry Education Association (PEA) as the exclusive bargaining representative for the School District's teachers, PEA was granted access to the interschool mail system and teacher mailboxes in the Perry Township schools. The bargaining agreement also provided that access rights to the mail facilities were not available to any rival union, such as Perry Local Educators' Association (PLEA). PLEA and two of its members filed suit in Federal District Court against PEA and individual members of the School Board, contendin...
Dickerson Vs. New Banner Inst., Inc.
Court: US Supreme Court
Decided on: Feb-23-1983
Dickerson v. New Banner Inst., Inc. - 460 U.S. 103 (1983) U.S. Supreme Court Dickerson v. New Banner Inst., Inc., 460 U.S. 103 (1983) Dickerson v. New Banner Institute, Inc. No. 81-1180 Argued November 29, 1982 Decided February 23, 1983 460 U.S. 103 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Title IV of the Gun Control Act of 1968, 18 U.S.C. 922(g)(1) and (h)(1), makes it unlawful for any person "who has been convicted . . . of . . . a crime punishable by imprisonment for a term exceeding one year" to ship, transport, or receive any firearm or ammunition in interstate commerce. Title IV also makes it unlawful to engage in the business of importing, manufacturing, or dealing in firearms without a license from the Secretary of the Treasury. One ground for denial of a license is where the applicant is under the prohibitions imposed by 922(g)(1) and (h)(1), and if the applicant is a corporation, a license will be denied if a person with p...
Hewitt Vs. Helms
Court: US Supreme Court
Decided on: Feb-22-1983
Hewitt v. Helms - 459 U.S. 460 (1983) U.S. Supreme Court Hewitt v. Helms, 459 U.S. 460 (1983) Hewitt v. Helms No. 81-638 Argued November 8, 1982 Decided February 22, 1983 459 U.S. 460 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Following a riot in the Pennsylvania State Prison where he was an inmate, respondent was removed from his cell and the general prison population and confined to administrative segregation within the prison pending an investigation into his role in the riot. The next day, respondent received notice of a misconduct charge against him. Five days after his transfer to administrative segregation, a Hearing Committee reviewed the evidence against respondent, and he acknowledged in writing that he had an opportunity to have his version of the events reported, but no finding of guilt was made. Subsequently, criminal charges based on the riot were filed against respondent, but were later dropped. In the meantime, a Review C...
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