Us Supreme Court Court April 1987 Judgments
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Burlington Northern Vs. OklA. Tax Comm'n.
Court: US Supreme Court
Decided on: Apr-28-1987
Burlington Northern v. Okla. Tax Comm'n. - 481 U.S. 454 (1987) U.S. Supreme Court Burlington Northern v. Okla. Tax Comm'n., 481 U.S. 454 (1987) Burlington Northern Railroad Co. v. Oklahoma Tax Commission No. 86-337 Argued March 25, 1987 Decided April 28, 1987 481 U.S. 454 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 -- which prohibits discriminatory state taxation of railroad property -- provides, in 306(b)(1), that a State may not "assess rail transportation property at a value that has a higher ratio to the true market value . . . than the ratio that the assessed value of other commercial and industrial property in the same assessment jurisdiction has to the true market value of the other commercial and industrial property." Section 306(c) includes, inter alia, provisions declaring an exception from the provisions of the Tax Injunction Act, conferring juris...
Burlington No. R. Co. Vs. Maintenance Emps.
Court: US Supreme Court
Decided on: Apr-28-1987
Burlington No. R. Co. v. Maintenance Emps. - 481 U.S. 429 (1987) U.S. Supreme Court Burlington No. R. Co. v. Maintenance Emps., 481 U.S. 429 (1987) Burlington Northern Railroad Co. v. Brotherhood of Maintenance of Way Employes No. 86-39 Argued February 23, 1987 Decided April 28, 1987 481 U.S. 429 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Respondent Brotherhood of Maintenance of Way Employes (BMWE), which represents railroad employees nationwide, had a dispute over renewal of a collective bargaining agreement with a small railroad that is a subsidiary of Guilford Transportation Industries, Inc. (Guilford), which also owns other railroads. After exhausting the settlement procedures mandated by the Railway Labor Act (RLA), BMWE instituted a lawful strike against the Guilford railroads. BMWE later extended its picketing to other railroads (including petitioners) with which Guilford interchanged traffic. In petitioners' consolidated actio...
Tull Vs. United States
Court: US Supreme Court
Decided on: Apr-28-1987
Tull v. United States - 481 U.S. 412 (1987) U.S. Supreme Court Tull v. United States, 481 U.S. 412 (1987) Tull v. United States No. 85-1259 Argued January 21, 1987 Decided April 28, 1987 481 U.S. 412 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus The Clean Water Act (Act) authorizes injunctive relief against violators (33 U.S.C. 1319(b)) and subjects them to a civil penalty not to exceed $10,000 per day ( 1319(d)). After denying petitioner's timely demand for a jury trial in the Government's suit for relief under 1319(b) and 1319(d), the District Court imposed civil penalties and granted injunctive relief against petitioner. The Court of Appeals affirmed, rejecting petitioner's argument that the Seventh Amendment entitled him to a jury trial on the civil penalties claim. The court held, inter alia, that the District Court had exercised statutorily conferred equitable power in assessing monetary penalties. Held: 1. The Seventh Amendmen...
Meese Vs. Keene
Court: US Supreme Court
Decided on: Apr-28-1987
Meese v. Keene - 481 U.S. 465 (1987) U.S. Supreme Court Meese v. Keene, 481 U.S. 465 (1987) Meese v. Keene No. 85-1180 Argued December 2, 1986 Decided April 28, 1987 481 U.S. 465 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Syllabus The Foreign Agents Registration Act of 1938 (Act) requires registration, reporting, and disclosure by persons engaging in propaganda on behalf of foreign powers. The Act uses the term "political propaganda" to identify those expressive materials subject to its requirements, and defines the term as, inter alia, any communication intended to influence the United States' foreign policies. Appellee, a member of the California State Senate, wished to show three Canadian films identified by the Department of Justice (DOJ) as "political propaganda" under the Act, but did not want to be publicly regarded as a disseminator of "political propaganda." He therefore brought suit in Federal District Court to enjoin the...
Montana Vs. Hall
Court: US Supreme Court
Decided on: Apr-27-1987
Montana v. Hall - 481 U.S. 400 (1987) U.S. Supreme Court Montana v. Hall, 481 U.S. 400 (1987) Montana v. Hall No. 86-1381 Decided April 27, 1987 481 U.S. 400 ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF MONTANA Syllabus An information charging respondent with felony sexual assault upon his ex-wife's 12-year-old daughter was dismissed, on respondent's motion, on the ground that he could be prosecuted only for incest under state law, because the victim was his stepdaughter. Respondent was then tried, convicted, and sentenced upon a new information charging him with incest. On his appeal to the Montana Supreme Court, it was discovered that, at the time of the assault in question, the incest statute did not apply to sexual assaults against stepchildren, and that the amended statute under which respondent was tried had not become effective until after the assault. After concluding that the conviction was void under the Montana Constitution's ex post facto law proh...
Brock Vs. Roadway Express, Inc.
Court: US Supreme Court
Decided on: Apr-22-1987
Brock v. Roadway Express, Inc. - 481 U.S. 252 (1987) U.S. Supreme Court Brock v. Roadway Express, Inc., 481 U.S. 252 (1987) Brock v. Roadway Express, Inc. No. 85-1530 Argued December 3, 1986 Decided April 22, 1987 481 U.S. 252 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA Syllabus Section 405 of the Surface Transportation Assistance Act of 1982 forbids the discharge of employees in the commercial motor transportation industry in retaliation for refusing to operate motor vehicles that do not comply with applicable safety standards or for filing complaints alleging such noncompliance. The statute provides for the Secretary of Labor's initial investigation of an employee's discharge and, upon a finding of reasonable cause to believe that the employee was discharged in violation of the Act, requires the Secretary to order the employee's temporary reinstatement by the employer, who may then request an evidentiary hearing and a final decision f...
Hitchcock Vs. Dugger
Court: US Supreme Court
Decided on: Apr-22-1987
Hitchcock v. Dugger - 481 U.S. 393 (1987) U.S. Supreme Court Hitchcock v. Dugger, 481 U.S. 393 (1987) Hitchcock v. Dugger No. 85-6756 Argued October 15, 1986 Decided April 22, 1987 481 U.S. 393 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus Petitioner was convicted of first-degree murder and sentenced to death in a separate postconviction proceeding. In that proceeding, the trial judge instructed the advisory jury not to consider, and himself refused to consider, evidence of mitigating circumstances not specifically enumerated in the Florida death penalty statute. Following unsuccessful appeals and state and federal collateral proceedings, petitioner filed an application for a writ of habeas corpus in Federal District Court, claiming that the advisory jury and the sentencing judge had been precluded by law from considering evidence of nonstatutory mitigating circumstances. The District Court denied the application, and the Court of Appeal...
United States Vs. General Dynamics
Court: US Supreme Court
Decided on: Apr-22-1987
United States v. General Dynamics - 481 U.S. 239 (1987) U.S. Supreme Court United States v. General Dynamics, 481 U.S. 239 (1987) United States v. General Dynamics No. 85-1385 Argued January 13, 1987 Decided April 22, 1987 481 U.S. 239 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT Syllabus Under the "all events" test, as embodied in Treasury Regulations, an accrual-basis taxpayer is entitled to deduct a business expense for the taxable year in which all events have occurred which determine the fact of the taxpayer's liability, and in which the amount of that liability can be determined with reasonable accuracy. In the year at issue, a consolidated federal income tax return was filed by General Dynamics Corporation and several of its wholly owned subsidiaries (hereafter respondent). Respondent is an accrual-basis taxpayer whose fiscal year is the calendar year. Beginning in 1972, it became a self-insurer with regard to its employee medical care pla...
Lukhard Vs. Reed
Court: US Supreme Court
Decided on: Apr-22-1987
Lukhard v. Reed - 481 U.S. 368 (1987) U.S. Supreme Court Lukhard v. Reed, 481 U.S. 368 (1987) Lukhard v. Reed No. 85-1358 Argued January 14, 1987 Decided April 22, 1987 481 U.S. 368 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus The federal statute governing the Aid to Families With Dependent Children (AFDC) program requires participating States to consider a family's "income and resources" in determining whether it is needy, and prohibits the payment of benefits in any month in which either income or resources exceed state-prescribed limits. Because income and resources are separately computed and generally subject to different state limits, whether and for how long a family that acquires a sum of money is rendered ineligible for AFDC benefits may depend on whether the sum is classified as income or as a resource. Prior to 1981, the Department of Health and Human Services (HHS) required that States treat any income acquired in a given mont...
Mccleskey Vs. Kemp
Court: US Supreme Court
Decided on: Apr-22-1987
McCleskey v. Kemp - 481 U.S. 279 (1987) U.S. Supreme Court McCleskey v. Kemp, 481 U.S. 279 (1987) McCleskey v. Kemp No. 84-6811 Argued October 15, 1986 Decided April 22, 1987 481 U.S. 279 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus In 1978, petitioner, a black man, was convicted in a Georgia trial court of armed robbery and murder, arising from the killing of a white police officer during the robbery of a store. Pursuant to Georgia statutes, the jury at the penalty hearing considered the mitigating and aggravating circumstances of petitioner's conduct, and recommended the death penalty on the murder charge. The trial court followed the recommendation, and the Georgia Supreme Court affirmed. After unsuccessfully seeking postconviction relief in state courts, petitioner sought habeas corpus relief in Federal District Court. His petition included a claim that the Georgia capital sentencing process was administered in a racially discrimina...
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