Us Supreme Court Court July 1986 Judgments
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Araneta Vs. United States
Court: US Supreme Court
Decided on: Jul-19-1986
Araneta v. United States - 478 U.S. 1301 (1986) U.S. Supreme Court Araneta v. United States, 478 U.S. 1301 (1986) Araneta v. United States No. A-18 Decided July 19, 1986 478 U.S. 1301 ON APPLICATION FOR STAY Syllabus An application by a daughter and son-in-law of former President Marcos of the Philippines to stay the District Court's contempt order, requiring their incarceration if they failed to testify on July 22, 1986, before a federal grand jury investigating alleged corruption relating to arms contracts made with the Philippine Government, is granted, conditioned upon applicants' filing a petition for certiorari by August 5, 1986. Applicants contended that requiring them to testify would violate their Fifth Amendment privilege against self-incrimination because their testimony might be used against them in related criminal proceedings currently pending in the Philippines. The District Court granted the United States' motion to give applicants use and derivative use immun...
Arcara Vs. Cloud Books, Inc.
Court: US Supreme Court
Decided on: Jul-07-1986
Arcara v. Cloud Books, Inc. - 478 U.S. 697 (1986) U.S. Supreme Court Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986) Arcara v. Cloud Books, Inc. No. 85-437 Argued April 29, 1986 Decided July 7, 1986 478 U.S. 697 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK Syllabus A New York statute authorizes closure of a building found to be a public health nuisance because it was being used as a place for prostitution and lewdness. After a county Deputy Sheriff's undercover investigation of respondents' "adult" bookstore disclosed that illicit sexual activities, including solicitation of prostitution, occurred on the premises, a civil complaint was filed against respondents seeking closure of the premises under the statute. Respondents answered by alleging, inter alia, that a closure would impermissibly interfere with their First Amendment right to sell books on the premises, and that the closure statute was not intended to apply to establishments other than houses of prostitution. ...
Bethel Sch. Dist. Vs. Fraser
Court: US Supreme Court
Decided on: Jul-07-1986
Bethel Sch. Dist. v. Fraser - 478 U.S. 675 (1986) U.S. Supreme Court Bethel Sch. Dist. v. Fraser, 478 U.S. 675 (1986) Bethel School District No. 403 v. Fraser No. 84-1667 Argued March 3, 1986 Decided July 7, 1986 478 U.S. 675 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondent public high school student (hereafter respondent) delivered a speech nominating a fellow student for a student elective office at a voluntary assembly that was held during school hours as part of a school-sponsored educational program in self-government, and that was attended by approximately 600 students, many of whom were 14-year-olds. During the entire speech, respondent referred to his candidate in terms of an elaborate, graphic, and explicit sexual metaphor. Some of the students at the assembly hooted and yelled during the speech, some mimicked the sexual activities alluded to in the speech, and others appeared to be bewildered and embarrassed. Prior to deli...
Cftc Vs. Schor
Court: US Supreme Court
Decided on: Jul-07-1986
CFTC v. Schor - 478 U.S. 833 (1986) U.S. Supreme Court CFTC v. Schor, 478 U.S. 833 (1986) Commodity Futures Trading Commission v. Schor No. 85-621 Argued April 29, 1986 Decided July 7, 1986 * 478 U.S. 833 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Section 14 of the Commodity Exchange Act (CEA) provides that any person injured by a commodity broker's violation of the Act or regulations of the Commodity Futures Trading Commission (CFTC) may apply to the CFTC for an order directing the offender to pay reparations to the complainant, and may enforce that order in federal district court. The CFTC promulgated a regulation that allows it in a reparations proceeding to adjudicate counterclaims "aris[ing] out of the transaction or occurrence or series of transactions or occurrences set forth in the complaint." Respondents filed separate reparations complaints (later consolidated) with the CFTC against petitioner commodity futures ...
University of Tennessee Vs. Elliott
Court: US Supreme Court
Decided on: Jul-07-1986
University of Tennessee v. Elliott - 478 U.S. 788 (1986) U.S. Supreme Court University of Tennessee v. Elliott, 478 U.S. 788 (1986) University of Tennessee v. Elliott No. 85-588 Argued April 21, 1986 Decided July 7, 1986 478 U.S. 788 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus When petitioner University of Tennessee informed respondent, a black employee, that he would be discharged for inadequate work performance and misconduct on the job, he requested an administrative hearing. Prior to the commencement of the administrative proceedings, respondent filed suit in Federal District Court against the University and others (also petitioners), alleging that his proposed discharge was racially motivated and seeking relief under Title VII of the Civil Rights Act of 1964 and the Reconstruction civil rights statutes. The court allowed the administrative proceedings to go forward, resulting in a ruling by an Administrative Law Judge (ALJ) (affirmed...
Bowsher Vs. Synar
Court: US Supreme Court
Decided on: Jul-07-1986
Bowsher v. Synar - 478 U.S. 714 (1986) U.S. Supreme Court Bowsher v. Synar, 478 U.S. 714 (1986) Bowsher v. Synar No. 85-1377 Argued April 23, 1986 Decided July 7, 1986 * 478 U.S. 714 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Syllabus In order to eliminate the federal budget deficit, Congress enacted the Balanced Budget and Emergency Deficit Control Act of 1985 (Act), popularly known as the "Gramm-Rudman-Hollings Act," which sets a maximum deficit amount for federal spending for each of the fiscal years 1986 through 1991 (progressively reducing the deficit amount to zero in 1991). If in any fiscal year the budget deficit exceeds the prescribed maximum by more than a specified sum, the Act requires basically across-the-board cuts in federal spending to reach the targeted deficit level. These reductions are accomplished under the "reporting provisions" spelled out in 251 of the Act, which requires the Directors of the Office of Management and ...
Merrell Dow Pharmaceuticals Vs. Thompson
Court: US Supreme Court
Decided on: Jul-07-1986
Merrell Dow Pharmaceuticals v. Thompson - 478 U.S. 804 (1986) U.S. Supreme Court Merrell Dow Pharmaceuticals v. Thompson, 478 U.S. 804 (1986) Merrell Dow Pharmaceuticals, Inc. v. Thompson No. 85-619 Argued April 28, 1986 Decided July 7, 1986 478 U.S. 804 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Respondent residents of Canada and respondent residents of Scotland filed separate complaints in an Ohio state court against petitioner Ohio corporation, the manufacturer and distributor of the drug Bendectin, alleging that children were born with deformities as a result of their mothers' ingestion of the drug during pregnancy. Damages were sought on common law theories of negligence, breach of warranty, strict liability, fraud, and gross negligence, and also on the ground that the alleged "misbranding" of the drug in violation of the Federal Food, Drug, and Cosmetic Act (FDCA) represented a "rebuttable presumption" of negligence and the "proxim...
Sheet Metal Workers Vs. Eeoc
Court: US Supreme Court
Decided on: Jul-02-1986
Sheet Metal Workers v. EEOC - 478 U.S. 421 (1986) U.S. Supreme Court Sheet Metal Workers v. EEOC, 478 U.S. 421 (1986) Local 28 of the Sheet Metal Workers' International Association v. Equal Employment Opportunity Commission No. 84-1656 Argued February 25, 1986 Decided July 2, 1986 478 U.S. 421 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus In 1975, the District Court found petitioner union and petitioner apprenticeship committee of the union guilty of violating Title VII of the Civil Rights Act of 1964 by discriminating against nonwhite workers in recruitment, selection, training, and admission to the union. The court ordered petitioners to end their discriminatory practices, established a 29% nonwhite membership goal, based on the percentage of nonwhites in the relevant labor pool in New York City, to be achieved by July 1981, and also ordered petitioners to implement procedures designed to achieve this goal under the supervision of a cou...
Rose Vs. Clark
Court: US Supreme Court
Decided on: Jul-02-1986
Rose v. Clark - 478 U.S. 570 (1986) U.S. Supreme Court Rose v. Clark, 478 U.S. 570 (1986) Rose v. Clark No. 84-1974 Argued March 24.1986 Decided July 2, 1986 478 U.S. 570 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Respondent was charged with the murder of two persons arising from the same incident. At his trial in a Tennessee state court he defended on the ground, inter alia, that he was either insane or incapable of forming the requisite intent to kill the victims. The court instructed the jury on both first-degree murder, which requires proof of premeditation and deliberation under Tennessee law, and second-degree murder, which requires proof of malice, but not of planning and premeditation. The court then instructed the jury that "[a]ll homicides are presumed to be malicious in the absence of evidence which would rebut the implied presumption," and that, "if the State has proven beyond a reasonable doubt that a killing has occurred,...
Pennsylvania Vs. Delaware Valley Citizens' Council
Court: US Supreme Court
Decided on: Jul-02-1986
Pennsylvania v. Delaware Valley Citizens' Council - 478 U.S. 546 (1986) U.S. Supreme Court Pennsylvania v. Delaware Valley Citizens' Council, 478 U.S. 546 (1986) Pennsylvania v. Delaware Valley Citizens' Council for Clean Air No. 85-5 Argued March 3, 1986 Decided July 2, 1986 478 U.S. 546 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Section 304(d) of the Clean Air Act provides that, "in any action" to enforce the Act, the court "may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate." In 1977, respondent Delaware Valley Citizens' Council for Clean Air (hereafter respondent) and the United States each filed suit in Federal District Court to compel Pennsylvania to implement a vehicle emission inspection and maintenance program (I/M program) as required by the Act. Pursuant to a consent decree approved in 1978, the State agreed to establish ...
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