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All Reporters → l-ed-2d → Volume 52

Opinions in l-ed-2d Volume 52

This tort action was removed from the Texas state courts to the United States District Court on the grounds of diversity of citizenship but was remanded as having been “improperly removed” when it seemed that there was not complete diversity among the parties. The Court of Appeals for the Fifth Circuit, by mandamus, ordered the District Court to vacate its remand order because the latter had empl...
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delivered the opinion of the Court. The question for decision is how unearned premium reserves for accident and health (A&H) insurance policies should be allocated between a primary insurer and a reinsurer for federal tax purposes. We granted certiorari in these three cases to resolve a conflict between the Circuits and the Court of Claims. 425 U. S. 990 (1976). I An insurance company is considere...
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delivered the opinion of the Court. At issue in this case is the constitutionality of § 12 of the Illinois Probate Act1 which allows illegitimate children to inherit by intestate succession only from their mothers. Under Illinois law, legitimate children are allowed to inherit by intestate succession from both their mothers and their fathers.2 I Appellant Deta Mona Trimble is the illegitimate daug...
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delivered the opinion of the Court. This case brings before us a constitutional challenge to §§ 101 (b) (1) (D) and 101 (b) (2) of the Immigration and Nationality Act of 1952 (Act), 66 Stat. 182, as amended, 8 U. S. C. §§ 1101 (b) (1) (D) and 1101 (b) (2). I The Act grants special preference immigration status to aliens who qualify as the “children” or “parents” of United States citizens or lawful...
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delivered the opinion of the Court. The issue in this case is whether States must protect the right of prisoners to access to the courts by providing them with law libraries or alternative sources of legal knowledge. In Younger v. Gilmore, 404 U. S. 15 (1971), we held per curiam that such services are constitutionally mandated. Petitioners, officials of the State of North Carolina, ask us *818to o...
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delivered the opinion of the Court. This case presents a challenge to a New Jersey statute, 1974 N. J. Laws, c. 25, as violative of the Contract Clause1 of the United States Constitution. That statute, together with a concurrent and parallel New York statute, 1974 N. Y. Laws, c. 993, repealed a statutory covenant made by the two States in 1962 that had limited the ability of The Port Authority of ...
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431 U.S. 63 (1977) BLACKLEDGE, WARDEN, ET AL. v. ALLISON. No. 75-1693. Supreme Court of United States. Argued February 22, 1977. Decided May 2, 1977. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. *64 Richard N. League, Assistant Attorney General of North *65 Carolina, argued the cause for petitioners. With him on the briefs was Rufus L. Edmisten, Attorney General. C. Fr...
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delivered the opinion of the Court. This case presents the question whether the First Amendment permits a municipality to prohibit the posting of “For Sale” or “Sold” signs when the municipality acts to stem what it perceives as the flight of white homeowners from a racially integrated community. Petitioner Linmark Associates, a New Jersey corporation, owned a piece of realty in the t...
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431 U.S. 99 (1977) ENVIRONMENTAL PROTECTION AGENCY v. BROWN, GOVERNOR OF CALIFORNIA, ET AL. No. 75-909. Supreme Court of United States. Argued January 12, 1977. Decided May 2, 1977.[*] CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Deputy Solicitor General Randolph argued the cause for petitioners in Nos. 75-909 and 75-960, for petitioner in No. 75-1055, and for responden...
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431 U.S. 105 (1977) DIXON, SECRETARY OF STATE OF ILLINOIS v. LOVE. No. 75-1513. Supreme Court of United States. Argued March 1-2, 1977. Decided May 16, 1977. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS. *106 Patricia Rosen, Assistant Attorney General of Illinois, argued the cause for appellant. With her on the briefs were William J. Scott, Attorney General, ...
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431 U.S. 119 (1977) KREMENS, HOSPITAL DIRECTOR, ET AL. v. BARTLEY ET AL. No. 75-1064. Supreme Court of United States. Argued December 1, 1976. Decided May 16, 1977. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. *120 Norman J. Watkins, Deputy Attorney General of Pennsylvania, argued the cause for appellants. With him on the briefs were Robert P. Kane, Attor...
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delivered the opinion of the Court. Respondent is in petitioner’s custody pursuant to a conviction for second-degree murder. The question presented to us is whether the New York State trial judge’s failure to instruct the jury on the issue of causation was constitutional error requiring a Federal District Court to grant habeas corpus relief. Disagreeing with a divided panel of the Court of Appeals...
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The motion of We the People for leave to file a brief, as amicus curiae, is granted. The motion of James W. Jeffords, et al., for leave to file a brief, as amici curiae, is granted. Appellant challenges the operation of certain provisions of the Postal Revenue and Federal Salary Act of 1967, 2 U. S. C. §§ 351-361, and of the 1975 Executive Salary Cost-of-Living Adjustment Act, 2 U. S. C. § ...
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Appellee’s 18-year-old son was shot and killed by police while attempting to escape arrest. Appellee filed suit under 42 U. S. C. § 1983 against the police officers in the United States District Court for the Eastern District of Missouri. He sought to recover damages, and also to obtain a declaratory judgment that the Missouri statutes authorizing the police action were unconstitutional. ...
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The judgment is reversed. Turner v. Fouche, 396 U. S. 346, 361-364 (1970)....
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431 U.S. 161 97 S.Ct. 2166 52 L.Ed.2d 225 State of TEXASv.State of LOUISIANA No. 36 Supreme Court of the United States May 16, 1977 1 On Bill of Compl- 2 aint DECREE 3 For the purpose of giving effect to the opinion of this Court announced on June 14, 1976, 426 U.S. 465, 96 S.Ct. 2155, 48 L.Ed.2d 775: ...
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DECREE For the purpose of giving effect to the opinion of this Court announced on June 14, 1976, 426 U. S. 465: It Is Ordered, Adjudged and Decreed As Follows: 1. That the extension of the boundary southerly from the point where the line forming the boundary between Texas and Louisiana southerly from the Arkansas boundary, intersects the geographical middle of the Sabine River (Latitude 31°59' 56....
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delivered the opinion of the Court. We granted certiorari to decide whether a witness who, while under investigation for possible criminal activity, is *175 called to testify before a grand jury and who is later indicted for perjury committed before the grand jury, is entitled to have the false testimony suppressed on the ground that no effective warning of the Fifth Amendment privilege to re...
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431 U.S. 181 (1977) UNITED STATES v. WASHINGTON. No. 74-1106. Supreme Court of United States. Argued December 6, 1976. Decided May 23, 1977. CERTIORARI TO THE DISTRICT OF COLUMBIA COURT OF APPEALS. William F. Sheehan III argued the cause for the United States. With him on the brief were Solicitor General Bork, *182 Assistant Attorney General Thornburgh, Deputy Solicitor General Frey, and Sidney M...
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delivered the opinion of the Court. The question for decision in this case is whether the provision of § 22 of the 1950 Organic Act of Guam that the District Court of Guam “shall have such appellate jurisdiction as the [Guam] legislature may determine” authorizes the Legislature of Guam to divest the appellate jurisdiction of the District Court under the Act to hear appeals from local Guam courts,...
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delivered the opinion of the Court. The State of Michigan has enacted legislation authorizing a system for union representation of local governmental employees. A union and a local government employer are specifically permitted to agree to an “agency shop” arrangement, whereby every employee represented by a union— even though not a union member — must pay to the union, as a condition of employmen...
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delivered the opinion of the Court. The issue in this case is the validity of two Virginia statutes that limit the right of nonresidents and aliens to catch fish in the territorial waters of the Commonwealth. I Persons or corporations wishing to fish commercially in Virginia must obtain licenses. Section 28.1-81.1 of the Virginia Code (§81.1) (Supp. 1976),1 enacted in 1975, limits the *268issuance...
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delivered the opinion of the Court. In Miller v. California, 413 U. S. 15 (1973), this Court rejected a plea for a uniform national standard as to what *293appeals to the prurient interest and as to what is patently offensive; the Court held, instead, that these essentially were questions of fact to be measured by contemporary standards of the community. Id., at 30-34. The instant case presents th...
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Respondent Westcott was arrested for violating a Massachusetts statute that prohibits nonresidents of the Commonwealth of Massachusetts from dragging for fish by beam or otter trawl in Vineyard Sound during July, August, and September. 1 After he was found guilty, he pursued his right to de novo review and filed a motion to dismiss the complaint. The Massachusetts Supreme Judicial Court grant...
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C. A. 9th Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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App. Ct. Ill., 2d Dist. Certiorari denied....
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C. A. 1st Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari denied. Mr. Justice Stewart would grant certiorari....
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ante, p. 1; ante, p. 1 ; ante, p. 1; ante, p. 905; ante, p. 906; ante, p. 274; 429 U. S.1121; 429 U. S. 1121; 429 U. S. 1092; 429 U. S. 1081; 429 U. S. 1093; 429 U. S. 1088; 429 U. S. 1082; ante, p. 915 ; 429 U. S. 1098; ante, p. 909; and ante, p. 934. Petitions for rehearing denied....
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C. A. 2d Cir. Certiorari denied....
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Ct. Civ. App. Ala. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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C. A. 10th Cir. Certiorari denied....
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C. A. 5th Cir. Motion of Lawrence K. Benson et al. for leave to file a brief as amici curiae granted. Certiorari denied....
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Super. Ct. N. J. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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Ct. Cl. Certiorari denied....
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delivered the opinion of the Court. This litigation brings here several important questions under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et seg. (1970 ed. and Supp. V). The issues grow out of alleged unlawful employment practices engaged in by an employer and a union. The employer is a common carrier of motor freight with nationwide operations, and...
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delivered the opinion of the Court. These cases, like Teamsters v. United States, ante, p. 324, involve alleged employment discrimination on the part of an employer and unions in the trucking industry. The employer, East Texas Motor Freight System, Inc., is a common carrier that employs city and over-the-road, or “line,” truckdrivers. The company has a “no-transfer” p...
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delivered the opinion of the Court. The question in this litigation concerns the constitutional validity of a legislative reapportionment plan devised by a three-judge Federal District Court for Mississippi’s Senate and House of Representatives. In Nos. 76-777 and 76-935, the *409appellants are the Mississippi voters who originally brought this class action in the District Court. They challenge th...
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431 U.S. 434 (1977) TRAINOR, DIRECTOR, ILLINOIS DEPARTMENT OF PUBLIC AID, ET AL. v. HERNANDEZ ET UX. No. 75-1407. Supreme Court of United States. Argued January 18, 1977. Decided May 31, 1977. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS. *435 Paul J. Bargiel, Assistant Attorney General of Illinois, argued the cause for appellants. With him on the briefs were...
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delivered the opinion of the Court. This case presents a challenge to Ohio Rev. Code Ann. § 4141.29 (D) (1) (a) (1973). That statute, at the times rele *473 vant to this suit, imposed a disqualification for unemployment benefits when the claimant’s unemployment was “due to a labor dispute other than a lockout at any factory . . . owned or operated by the employer by which he i...
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431 U.S. 494 (1977) MOORE v. CITY OF EAST CLEVELAND, OHIO. No. 75-6289. Supreme Court of United States. Argued November 2, 1976. Decided May 31, 1977. APPEAL FROM THE COURT OF APPEALS OF OHIO, CUYAHOGA COUNTY. *495 Edward R. Stege, Jr., argued the cause for appellant. With him on the brief were Francis D. Murtaugh, Jr., and Lloyd B. Snyder. Leonard Young argued the cause for appellee. With him on...
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with whom Mr. Justice Brennan joins, dissenting. But for her sex, respondent Carolyn Evans presently would enjoy all of the seniority rights that she seeks through this litigation. Petitioner United Air Lines has denied her those rights pursuant to a policy that perpetuates past discrimination by awarding the choicest jobs to those possessing a *561credential married women were unlawfully prevente...
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delivered the opinion of the Court. Petitioner was convicted of possessing a firearm in violation of Title YII of the Omnibus Crime Control and Safe Streets *564Act of 1968 (Omnibus Crime Control Act), 18 U. S. C. App. §§ 1201-1203. The statute provides, in pertinent part: “Any person, who— “(1) has been convicted by a court of the United States or of a State or any political subdivision, thereof ...
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delivered the opinion of the Court. Respondent Davis became a permanent employee of petitioner Alabama Power Co. on August 16, 1936, and continued to work until March 18, 1943, when he left to enter the military. After serving in the military for 30 months, he resumed his position with Alabama Power, where he worked until he retired on June 1, 1971. Davis received credit under the company ...
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delivered the opinion of the Court. Petitioner Splawn was convicted in 1971 of the sale of two reels of obscene film, a misdemeanor violation of California Penal Code §311.2 (West 1970). After the conviction was affirmed on appeal by the California First District Court of Appeal and the State Supreme Court denied review, this Court granted certiorari, vacated the judgment, and remanded for conside...
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delivered the opinion of the Court. Customs officials, acting with “reasonable cause to suspect” a violation of customs laws, opened for inspection incoming international letter-class mail without first obtaining a search warrant. A divided Court of Appeals for the District of Co*608lumbia Circuit held, contrary to every other Court of Appeals which has considered the matter,1 that the Fourth Amen...
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Petitioner Harry Roberts was indicted, tried, and convicted of the first-degree murder of Police Officer Dennis Mclnemey, who at the time of his death was engaged in the performance *634of his lawful duties. As required by a Louisiana statute, petitioner was sentenced to death. La. Rev. Stat. Ann. § 14:30 (2) (1974) ,1 On appeal, the Supreme Court of Louisiana affirmed his conviction and sentence....
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delivered the opinion of the Court. We granted certiorari to determine whether a pretrial order denying a motion to dismiss an indictment on double jeopardy grounds is a final decision within the meaning of 28 U. S. C. § 1291 1 and thus immediately appealable. If it is a final decision, we must also decide: (a) whether the Double Jeopardy Clause bars the instant prosecution; (b)...
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431 U.S. 666 (1977) STENCEL AERO ENGINEERING CORP. v. UNITED STATES. No. 76-321. Supreme Court of United States. Argued March 22, 1977. Decided June 9, 1977. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT. *667 Thomas J. Whalen argued the cause and filed briefs for petitioner. Thomas S. Martin argued the cause for the United States. With him on the brief were Acting Solic...
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delivered the opinion of the Court (Parts I, II, III, and V), together with an opinion (Part IV), in which Mr. Justice Stewart, Mr. Justice Marshall, and Mr. Justice Blackmun joined. Under New York Educ. Law § 6811 (8) (McKinney 1972) it is a crime (1) for any person to sell or distribute any contraceptive of any kind to a minor under the age of 16 years ; (2) for anyone other than a licensed phar...
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431 U.S. 720 (1977) ILLINOIS BRICK CO. ET AL. v. ILLINOIS ET AL. No. 76-404. Supreme Court of United States. Argued March 23, 1977. Decided June 9, 1977. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. *722 Edward H. Hatton argued the cause for petitioners. With him on the briefs were Lynne E. McNown, Alan L. Metz, Samuel J. Betar, Earl E. Pollack, James P. Morgan, Thoma...
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431 U.S. 767 (1977) WARD v. ILLINOIS. No. 76-415. Supreme Court of United States. Argued April 27, 1977. Decided June 9, 1977. APPEAL FROM THE SUPREME COURT OF ILLINOIS. *768 J. Steven Beckett argued the cause for appellant. With him on the brief was Donald M. Reno, Jr. Melbourne A. Noel, Jr., Assistant Attorney General of Illinois, argued the cause for appellee. With him on the brief were Willia...
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431 U.S. 783 (1977) UNITED STATES v. LOVASCO. No. 75-1844. Supreme Court of United States. Argued March 21-22, 1977. Decided June 9, 1977. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT. *784 John P. Rupp argued the cause for the United States. With him on the brief were Solicitor General Bork, Assistant Attorney General Thornburgh, Deputy Solicitor General Frey, Jerome M...
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