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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1974 Page 17 of about 171 results (0.061 seconds)

Jun 25 1974 (FN)

Letter Carriers Vs. Austin

Court : US Supreme Court

Decided on : Jun-25-1974

..... by federal labor law. this conclusion seems to me a needless denigration of the "overriding state interest" in compensating individuals for injury to reputation. moreover, it leaves these appellees without effective ..... labor and management, no clash of opposing economic interests that might warrant the attention of federal regulatory authorities, and hence no prospect whatever that reliance on state libel law might subvert the federal scheme for the fair and peaceful resolution of labor disputes. yet the majority nevertheless holds that the state libel judgments entered below are preempted ..... uninhibited debate between union and management. the instant dispute is so far removed from the factual setting in linn that the considerations supporting partial preemption of state libel law in that case simply do not obtain here. appellant union had long been recognized by the postal authorities as the exclusive collective bargaining representative for the letter ..... organizational page 418 u. s. 294 campaign confrontation between labor and management. given that factual setting, the court found a potential conflict between federal labor law and state libel law. one side or the other could use defamation actions as an unauthorized weapon in the battle for the loyalty of unorganized employees and possibly undermine the federal .....

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May 15 1974 (FN)

Alexander Vs. americans United, Inc.

Court : US Supreme Court

Decided on : May-15-1974

..... for philanthropic activity." "private foundations play a significant part in the work of philanthropy. while the foundation is a relatively modern development, its predecessor, the trust, has ancient vintage. like its antecedent, the foundation permits a donor to commit to special uses the funds which he gives to charity. . . . in these ways, foundations have enriched and ..... . second, in practical effect it gives a greater finality to irs decisions than we would want or congress intended. third, it inhibits the growth of a body of case law interpretive of the exempt organization provisions that could guide the irs in its further deliberations." ibid. [ footnote 2/15 ] see note, procedural due process limitations on the suspension ..... daily tax report, aug. 30, 1973, p. j-1. [ footnote 2/8 ] the value of philanthropic organizations must be balanced against the revenue-raising objectives of the tax laws. some of the factors to be weighed in this balance are reflected in the 1965 treasury department report on private foundations: "private philanthropic organizations can possess important characteristics which modern ..... the use of: "a corporation, trust, or community chest, fund, or foundation --" "(a) created or organized in the united states or in any possession thereof, or under the law of the united states, any state, the district of columbia, or any possession of the united states;" "(b) organized and operated exclusively for religious, charitable, scientific, literary, or educational .....

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Jan 21 1974 (FN)

Sea-land Svcs., Inc. Vs. Gaudet

Court : US Supreme Court

Decided on : Jan-21-1974

..... to disregard or overrule established precedent: "very weighty considerations underlie the principle that courts should not lightly overrule past decisions. among these are the desirability that the law furnish a clear guide for the conduct of individuals, to enable them to plan their affairs with assurance against untoward surprise; the importance of furthering fair and expeditious ..... the maritime concept of unseaworthiness is not based on fault. the doctrine has evolved into a judicially created form of strict liability. [ footnote 2/22 ] when the law imposes absolute liability, it often restricts recovery to damages for those injuries that are clearly ascertainable and susceptible of monetary compensation. e.g., igneri v. cie. de transports ..... first of these is simply the discrepancy produced whenever the rule of the harrisburg holds sway: within territorial waters, identical conduct violating federal law (here the furnishing of an unseaworthy vessel) produces liability if the victim is merely injured, but frequently not if he is killed. . . ." "the second incongruity is ..... the state had enacted a wrongful death statute and, if so, whether the statute permitted recovery. [ footnote 4 ] moragne reflected dissatisfaction with this state of the law that illogically and unjustifiably deprived the dependents of many maritime death victims of an adequate remedy for their losses. three clearly unjust consequences were of particular concern: "the .....

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Jan 09 1974 (FN)

Passenger Corp. Vs. Passengers Assn.

Court : US Supreme Court

Decided on : Jan-09-1974

..... it includes the negative of any other mode." botany mills v. united states, 278 u. s. 282 , 278 u. s. 289 (1929). this principle of statutory construction reflects an ancient maxim -- expressio unius est exclusio alterius. since the act creates a public cause of action for the enforcement of its provisions and a private cause of action only under very ..... . . . amendment we propose would modify the language of section 307(a). . . so as to provide that any aggrieved party, including employee representatives, could institute legal proceedings for violations of the law." " * * * *" " as the bill now reads, only the attorney general, except in cases involving a labor agreement, could bring such actions. " supplemental hearings on h.r. 17849 and s. ..... amtrak act, its legislative history, or its underlying purposes to think that congress intended to create a private remedy substantially equivalent to one that had been eliminated under preexisting federal law. [ footnote 10 ] that this is a very real possibility is demonstrated by amtrak's experience in wood v. national railroad passenger corp., 341 f.supp. 908 (conn.1972), ..... the district court of the united states for any district in which the corporation or other person resides or may be found shall have jurisdiction, except as otherwise prohibited by law, upon petition of the attorney general of the united states or, in a case involving a labor agreement, upon petition of any employee affected thereby, including duly authorized employee .....

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Jul 24 1974 (FN)

United States Vs. Nixon

Court : US Supreme Court

Decided on : Jul-24-1974

..... the function of courts that compulsory process be available for the production of evidence needed either by the prosecution or by the defense. only recently the court restated the ancient proposition of law, albeit in the context of a grand jury inquiry, rather than a trial, "that 'the public . . . has a right to every man's evidence,' except for those persons ..... with even greater force to excised material; once the decision is made to excise, the material is restored to its privileged status, and should be returned under seal to its lawful custodian. since this matter came before the court during the pendency of a criminal prosecution, and on representations that time is of the essence, the mandate shall issue forthwith. ..... to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice. the generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial. d we have ..... president's claim of privilege. the second contention is that, if he does not prevail on the claim of absolute privilege, the court should hold as a matter of constitutional law that the privilege prevails over the subpoena duces tecum. in the performance of assigned constitutional duties, each branch of the government must initially interpret the constitution, and the interpretation of .....

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Jun 25 1974 (FN)

Miami Herald Pub. Co. Vs. Tornillo

Court : US Supreme Court

Decided on : Jun-25-1974

..... funds amongst teachers, cta says fie and try and sue us -- what's good for cta is good for cta, and that is natural law. tornillo's law, maybe. for years now, he has been kicking the public shin to call attention to his shakedown statesmanship. he and whichever acerbic prexy is ..... that effect are wholly foreclosed. needlessly, in my view, the court trivializes and denigrates the interest in reputation by removing virtually all the protection the law has always afforded. of course, these two decisions do not mean that, because government may not dictate what the press is to print, neither ..... preventing and redressing attacks upon reputation." rosenblatt v. baer, 383 u. s. 75 , 383 u. s. 86 (1966). quite the contrary, this law runs afoul of the elementary first amendment proposition that government may not force a newspaper to print copy which, in its journalistic discretion, it chooses to leave on ..... local consideration of public issues." b. bagdikian, the information machines 127 (1971). [ footnote 16 ] the newspapers have persuaded congress to grant them immunity from the antitrust laws in the case of "failing" newspapers for joint operations. 84 stat. 466, 15 u.s.c. 1801 et seq. [ footnote 17 ] "freedom of the ..... of candidates. . . . " page 418 u. s. 258 even if a newspaper would face no additional costs to comply with a compulsory access law and would not be forced to forgo publication of news or opinion by the inclusion of a reply, the florida statute fails to clear the barriers of .....

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Jun 24 1974 (FN)

Richardson Vs. Ramirez

Court : US Supreme Court

Decided on : Jun-24-1974

..... u. s. 814 (1969), for example, was an appeal from a decision denying relief to appellants who had unsuccessfully sought to be certified, as required by state law, as independent candidates for presidential elector on the 1968 ballot. appellants asserted that the illinois certification requirement violated the state's constitutional obligation not to discriminate against voters in ..... 2/30 ] the national probation and parole association, [ footnote 2/31 ] the national advisory commission on criminal justice standards and goals, [ footnote 2/32 ] the president's commission on law enforcement and the administration of justice, [ footnote 2/33 ] the california league of women voters, [ footnote 2/34 ] the national democratic party, [ footnote 2/35 ] and the ..... vote did not require the convening of a three-judge district court. despite this settled historical and judicial understanding of the fourteenth amendment's effect on state laws disenfranchising convicted felons, respondents argue that our recent decisions invalidating other state-imposed restrictions on the franchise as violative of the equal protection clause require us to ..... them of the provisions of the california constitution and implementing statutes which disenfranchised persons convicted of an "infamous crime" denied them the right to equal protection of the laws under the federal constitution. the supreme court of california held that, "as applied to all ex-felons whose terms of incarceration and parole have expired, the .....

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May 13 1974 (FN)

United States Vs. Chavez

Court : US Supreme Court

Decided on : May-13-1974

..... and studied report in which the senate judiciary committee offered an explanation and justification for each clause of the bill. i cannot believe that congress perversely required law enforcement officials to jump through statutory hoops it considered unnecessary to the goal of protecting individual privacy from unwarranted electronic invasions. on the contrary, the history ..... discussion of the authorization requirement of 2516, the senate report states: "this provision centralizes in a publicly responsible official subject to the political process the formulation of law enforcement policy on the use of electronic surveillance techniques. centralization will page 416 u. s. 590 avoid the possibility that divergent practices might develop. should abuses occur ..... excessive cautiousness which led to some redundancy in drafting the protective provisions of 2518(10)(a), or foolishness which led congress to enact statutory provisions for law enforcement officials to scurry about satisfying when it did not consider the provisions significant enough to enforce by suppression. in view of the express prohibition by ..... though legislation to regulate the interception of wire and oral communications had been considered by congress earlier, the proposed statute drafted for the president's commission on law enforcement and administration of justice appears to have been the first published proposal to contain a requirement that the application for interception authority should specify "who authorized .....

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Mar 25 1974 (FN)

Edelman Vs. Jordan

Court : US Supreme Court

Decided on : Mar-25-1974

..... since that amendment bars only federal court suits against states by citizens of other states. rather, the question is whether illinois may avail itself of the nonconstitutional but ancient doctrine of sovereign immunity as a bar to respondent's claim for retroactive aabd payments. in my view, illinois may not assert sovereign immunity for the reason i ..... in violation of the fourteenth amendment. the eleventh amendment was interposed as a defense. the court rejected the defense, saying that state officials with authority to enforce state laws "who threaten and are about to commence proceedings, either of a civil or criminal nature, to enforce against parties affected an unconstitutional act, violating the federal constitution, ..... amendment and also violations of the social security act. hence, 1983 is satisfied, in haec verba, for a deprivation of "rights" which are "secured by the constitution and laws" is alleged. the court of appeals, though ruling that the alleged constitutional violations had not occurred, sustained federal jurisdiction because federal "rights" were violated. the main issue tendered ..... grants to commence only with the month in which an application was approved and not including prior eligibility months for which an applicant was entitled to aid under federal law. the complaint also alleged that the illinois defendants were not processing the applications within the applicable time requirements of the federal regulations; specifically, respondent alleged that his .....

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Apr 23 1974 (FN)

Defunis Vs. Odegaard

Court : US Supreme Court

Decided on : Apr-23-1974

..... leaders, have held that modern african political philosophy is not oriented either to marxism or to capitalism. [ footnote 2/17 ] how far the reintroduction into educational curricula of ancient african art and history has reached the minds of young afro-americans i do not know. but at least as respects indians, blacks, and chicanos -- as well as ..... if there are sufficient qualified applicants available. under the minority admissions program, admission is offered to those applicants who have a reasonable prospect of academic success at the law school, determined in each case by considering the numerical indicators along with the listed factors in section 2, above, but without regard to the restriction upon number ..... inquiry from the court, counsel for the respondents has advised that some changes have been made in the admissions procedures "for the applicants seeking admission to the university of washington law school for the academic year commencing september, 1974." the respondents' counsel states, however, that "[these] changes do not affect the policy challenged by the petitioners . . . in that . ..... was eventually notified that he had been denied admission. he thereupon commenced this suit in a washington trial court, contending that the procedures and criteria employed by the law school admissions committee invidiously discriminated against him on account of his race in violation of the equal protection clause of the fourteenth amendment to the united states constitution. .....

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