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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1981 Page 2 of about 20 results (0.046 seconds)

Jun 25 1981 (FN)

Middlesex County Sewerage Auth. Vs. Sea Clammers

Court : US Supreme Court

Decided on : Jun-25-1981

..... suit on his own behalf to enjoin any person, including the united states and any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the constitution), who is alleged to be in violation of any prohibition, limitation, criterion, or permit established or issued by or under this subchapter. the district courts shall have jurisdiction, without ..... regard to the amount in controversy or the citizenship of the parties, to enforce such prohibition, limitation, criterion, or permit, as the case may be." "(2) no action may be commenced -- " "(a) prior to sixty days after ..... perform any act or duty under this chapter which is not discretionary with the administrator." "the district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the administrator to perform such act or duty, as the case ..... own behalf -- " "(1) against any person (including (i) the united states, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the constitution) who is alleged to be in violation of (a) an effluent standard or limitation under this chapter or (b) an order issued by the administrator or a state with respect .....

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Jun 22 1981 (FN)

Michigan Vs. Summers

Court : US Supreme Court

Decided on : Jun-22-1981

..... apprehending suspects, an interest important enough to overcome the presumptive constitutional restraints on police conduct. at issue in terry was "more than the governmental interest in investigating crime; in addition, there is the more immediate interest of the police officer ..... 452 u. s. 707 different from those two special exceptions to the warrant and probable cause requirement, and poses a significantly greater threat to the protections guaranteed by the constitution. i the common denominator of the terry cases and the border checkpoint cases is the presence of some governmental interest independent of the ordinary interest in investigating crime and ..... ohio, 392 u. s. 1 , 392 u. s. 23 -24. the second is a brief stop of vehicles near our international borders to question occupants of the vehicles about their citizenship. e.g., united states v. brignoni-ponce, 422 u. s. 873 , 422 u. s. 881 . from these two special exceptions to the general prohibition on seizures not based on ..... confronted by roving border patrol agents, though not sufficient to justify random stops of vehicles page 452 u. s. 699 near the mexican border to question their occupants about their citizenship, id. at 422 u. s. 882 -884, [ footnote 9 ] were adequate to support vehicle stops based on the agents' awareness of specific articulable facts indicating that the vehicle .....

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May 26 1981 (FN)

Clayton Vs. Automobile Workers

Court : US Supreme Court

Decided on : May-26-1981

..... these cases, for example, clayton alleges that the union "acted arbitrarily . . . and discriminatorily" in refusing to seek arbitration of his grievance. app. 6 (emphasis added). the uaw constitution, however, states that the public review board can only consider allegations that the employee's grievance "was improperly handled [by the union] because of fraud, discrimination, or collusion with management ..... affecting commerce . . . may be brought in any district court of the united states having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties." [ footnote 10 ] section 203(d) of the labor management relations act, 61 stat. 153, 29 u.s.c. 173(d), provides that "[f]inal ..... from the procedures at issue here. in these cases, the court is asked to require exhaustion of internal union procedures. these procedures are wholly a creation of the uaw constitution. they were not bargained for by the employer and union, and are nowhere mentioned in the collective bargaining agreement that clayton seeks to have judicially enforced. [ footnote 12 ..... representation in processing his grievance, and that his employer breached the collective bargaining agreement, must also attempt to exhaust the internal union appeals procedures established by his union's constitution before he may maintain his suit under 301. i after eight years in the employ of itt gilfillan, clifford e. clayton, a member of the united automobile, aerospace .....

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May 18 1981 (FN)

Parratt Vs. Taylor

Court : US Supreme Court

Decided on : May-18-1981

..... . . . displaces state lawmaking authority by diverting decisionmaking to the federal courts." whitman, supra, at 25. the present case, involving a $23 loss, illustrates the extent to which constitutional law has been trivialized, and federal courts often have been converted into small claims tribunals. there is little justification for making such a claim a federal case, requiring a decision ..... the societal costs of using this statute for a purpose never contemplated are high indeed: "first, the existence of the statutory cause of action means that every expansion of constitutional rights [through 1983] will increase the caseload of already overburdened federal courts. this increase dilutes the ability of federal courts to defend our most significant rights. second, every ..... already exist, the risk of error that may result in violation of a schoolchild's substantive rights can only be regarded as minimal. imposing additional administrative safeguards as a constitutional requirement might reduce that risk marginally, but would also entail a significant intrusion into an area of primary educational responsibility." id. at 430 u. s. 682 . (emphasis ..... since erie r. co. v. tompkins, 304 u. s. 64 (1938), there has been no general common law applicable in federal courts merely by reason of diversity of citizenship jurisdiction. therefore, in order properly to decide this case, we must deal not simply with a single, general principle, however just that principle may be in the abstract, but .....

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Apr 29 1981 (FN)

Ball Vs. James

Court : US Supreme Court

Decided on : Apr-29-1981

..... is not a public service corporation, and therefore statute forbidding certain business practices did not apply). its power to set its own rates and other conditions of service constitutes important attributes of sovereignty. when combined with a consideration of the district's wide-ranging operations which encompass water for agricultural and personal uses, and electrical generation ..... the district is a municipal corporation organized under the laws of arizona, and is not, in any sense of the word, a private corporation. pursuant to the arizona constitution, such districts are "political subdivisions of the state, and vested with all the rights, privileges and benefits, and entitled to the immunities and exemptions granted municipalities and ..... 1969). [ footnote 3/1 ] see avery v. midland county, 390 u. s. 474 (1968). as a result, any classification restricting the franchise, except those involving residence, age, or citizenship, is unconstitutional "unless the district or state can demonstrate that the classification serves a compelling state interest." hill v. stone, 421 u. s. 289 , 421 u. s. 297 (1975). ..... nevertheless, a careful examination of the salt river district reveals that, under the principles of the avery, hadley, and salyer cases, these distinctions do not amount to a constitutional difference. first, the district simply does not exercise the sort of governmental powers that invoke the strict demands of reynolds. the district cannot impose ad valorem property taxes or .....

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Jun 26 1981 (FN)

Mccarty Vs. Mccarty

Court : US Supreme Court

Decided on : Jun-26-1981

..... challenged as being in conflict with the commerce clause. the court held that the appeal was proper, since the appellant "did not simply claim a right or immunity under the constitution of the united states, but distinctly insisted that, as to the transaction in question, the . . . statute was void, and therefore unenforceable, because in conflict with the commerce clause. . . ." id. at ..... takes federal civil service employment. see 5 u.s.c. 5531 et seq. (1976 ed. and supp. iv). he may lose all his pay if he gives up united states citizenship, see 58 comp.gen. 566, 568-569 (1979); accepts employment by a foreign government, u.s.const., art. i, 9, cl. 8, but see pub.l. 95-105, 509, 91 ..... property principles to military retired pay threatens grave harm to "clear and substantial" federal interests. see united states v. yazell, 382 u.s. at 382 u. s. 352 . under the constitution, congress has the power "[t]o raise and support armies," "[t]o provide and maintain a navy," and "[t]o makes rules for the government and regulation of the land .....

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1981

Doe Vs. Renfrow

Court : US Supreme Court

Decided on : Jan-01-1981

..... to believe a crime has been or is being committed. schools cannot expect their students to learn the lessons of good citizenship when the school page 451 u.s. 1022 , 1028 authorities themselves disregard the fundamental principles underpinning our constitutional freedoms. footnotes footnote 1 apparently the police dogs alerted to petitioner because she had been playing with her own dog, which ..... inapposite. footnote 5 for the same reason, i would disagree with the court of appeals' conclusion that the mass detention of students by school authorities and police officers did not constitute an unreasonable seizure. see terry v. ohio, 392 u.s. 1 (1968). footnote 6 the court of appeals found it significant that the police officials agreed not to seek ..... rejected petitioner's claims. 475 f. supp. 1012 (1979). first, it found that all aspects of the mass detention and inspection, except for the strip-search, were constitutionally valid. then, it dismissed petitioner's action against the police chief and the dog trainer on the ground that they did not personally participate in the strip-search, and it ..... , the highland police chief, and the trainer of the german shepherds used in the search. claiming a violation of rights secured by the fourth, ninth, and fourteenth amendments to the constitution, petitioner sought injunctive and declaratory relief and compensatory and punitive damages under 42 u.s. c. 1983 and 1985(3) (1976 ed., supp. iii). after trial, the district court .....

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Jun 29 1981 (FN)

Haig Vs. Agee

Court : US Supreme Court

Decided on : Jun-29-1981

..... regulation, page 453 u. s. 282 which permits revocation of a passport only in cases involving likelihood of "serious damage" to national security or foreign policy, respondent's constitutional claims are without merit. the right to hold a passport is subordinate to national security and foreign policy considerations, and is subject to reasonable governmental regulation. assuming, arguendo, that ..... stated: "[i]t was the intention of the bill to leave, all that pertains to the diplomatic service of the country . . . exclusively to the executive, where we consider the constitution has placed it." "cong.globe, 34th cong., 1st sess., 1798 (1856)." [ footnote 29 ] despite this widely publicized executive policy restricting passport eligibility on national security grounds, the only ..... regulating the issuing of passports, or directing upon what evidence it may be done, or declaring their legal effect. it is understood, as matter of practice, that some evidence of citizenship is required, by the secretary of state, before issuing a passport. this, however, is entirely discretionary with him." [ footnote 24 ] see, e.g., united states v. curtiss ..... dulles, 357 u. s. 144 (1958), the companion case to kent. in dayton, the secretary refused to issue a passport to a physicist who sought to go to india to engage in experimental research. the secretary relied on the applicant's " connection with the science for victory committee and his association at that time with various communists,'" and on .....

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Dec 08 1981 (FN)

Piper Aircraft Co. Vs. Reyno

Court : US Supreme Court

Decided on : Dec-08-1981

..... law tradition 121 (1969). even in the united kingdom, most civil actions are not tried before a jury. 1 g. keeton, the united kingdom: the development of its laws and constitutions 309 (1955). fourth, unlike most foreign jurisdictions, american courts allow contingent attorney's fees, and do not tax losing parties with their opponents' attorney's fees. r. schlesinger, comparative law ..... forum would be unnecessarily burdensome for the defendant or the court, dismissal is proper. [ footnote 24 ] see pain v. united technologies corp., supra, at 253, 637 f.2d at 797 (citizenship and residence are proxies for convenience); see also note, forum non conveniens and american plaintiffs in the federal courts, 47 u. chi.l.rev. 373, 382 383 (1980). respondent argues .....

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Jul 02 1981 (FN)

Arkansas Louisiana Gas Co. Vs. Hall

Court : US Supreme Court

Decided on : Jul-02-1981

..... that might well exceed the injurious effects of the escalation provisions themselves. for example, if these provisions were stricken and the contracts fell, the producer's sales might then presumably constitute ex parte offerings of gas and the producer could change its rates at will, unimpeded by any contractual limitations of the kind that presently exist. thus, instead of being limited ..... affiliate allegedly were unjust and unreasonable, and had been fraudulently established. the ultimate issue was whether a federal claim for relief had been alleged, because there was no diversity of citizenship to support federal jurisdiction. the court first held that the federal power act's requirement that rates be reasonable did not provide a statutory basis for a federal cause of ..... arkla was guilty of actual fraud. ibid. it is clear, however, that arkla's failure to disclose to respondents its discriminatory payments to another supplier in the same gas field constituted a breach of contract. [ footnote 2/5 ] the louisiana supreme court decided that the damages for arkla's breach of contract should be measured by the difference between the price .....

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