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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Court: us supreme court Year: 1985 Page 1 of about 11 results (0.049 seconds)

Jun 26 1985 (FN)

Dun and Bradstreet, Inc. Vs. Greenmoss Builders

Court : US Supreme Court

Decided on : Jun-26-1985

..... required to show actual malice to receive presumed or punitive damages. because the jury was not instructed in accordance with these principles, we would reverse and remand for further proceedings not inconsistent with this opinion. [ footnote 3/1 ] justice white also ventures some modest proposals for restructuring the first amendment protections currently afforded defendants in defamation actions ..... state interests. indeed, gertz held that in a defamation action punitive damages, designed to chill and not to compensate, were " wholly irrelevant " to furtherance of any valid state interest. ibid. the court did not reach these conclusions by weighing the strength of the state interest against the strength of the first amendment interest. rather, the ..... as essential to the fostering and development of an individual's political thought as is such debate in the mass media. see j. klapper, the effects of mass communications (1960). [ footnote 3/10 ] justice powell's opinion does not expressly reject the media/nonmedia distinction, but does expressly decline to apply that distinction to resolve this case. ..... actual damages upon establishing the fault of the defendant; to obtain punitive damages, a plaintiff must demonstrate malice. sections 1681o and 1681n [of the fair credit reporting act] are consistent with these constitutional principles. section 1681o provides for recovery of actual damages upon a showing of negligence, which presumably satisfies the gertz requirement of fault. .....

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Jun 27 1985 (FN)

Pattern Makers Vs. Nlrb

Court : US Supreme Court

Decided on : Jun-27-1985

..... decision in nlrb v. marine & shipbuilding workers, 391 u. s. 418 (1968), demonstrates that many union rules, although valid under the common law of associations, run afoul of 8(b)(1)(a) of the act. [ footnote 26 ] there the union expelled page 473 u. s. 114 a member who failed to comply with a ..... . s. 125 the court thus faces the same situation it addressed when it rejected the board's interpretation of the recognitional picketing provisions of the act in nlrb v. drivers, 362 u. s. 274 (1960) ( curtis bros. ). "plainly, the [union's] conduct in the instant case would have been prohibited if the house bill had become law ..... . nlrb, 441 u. s. 488 , 441 u. s. 496 (1979), quoting nlrb v. insurance agents, 361 u. s. 477 , 361 u. s. 499 (1960). page 473 u. s. 117 where the statutory language is rationally susceptible to contrary readings, and the search for congressional intent is unenlightening, deference to the board is not only ..... their own members or those outside their union." 93 cong.rec. 4025 (1947) (emphasis added). [ footnote 24 ] nlrb v. drivers, 362 u. s. 274 (1960), is not controlling. there, the court held that recognitional picketing did not "restrain or coerce" employees in violation of 8(b)(1)(a), 29 u.s.c. 158( ..... 8(b)(1)(a). id. at 15722-15723. as this court observed in nlrb v. drivers, 362 u. s. 274 , 362 u. s. 291 (1960): "[w]hat congress did in 1959 does not establish what it meant in 1947. however, as another major step in an evolving pattern of regulation of union conduct, .....

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Jan 15 1985 (FN)

New Jersey Vs. T.L.O.

Court : US Supreme Court

Decided on : Jan-15-1985

..... supreme court's holding on this question is plainly correct. as the state court noted, this case does not involve the use of evidence in a school disciplinary proceeding; the juvenile proceedings brought against t.l.o. involved a charge that would have been a criminal offense if committed by an adult. [ footnote 4/3 ] accordingly, the exclusionary ..... discounted by the fact that, where additional flexibility is necessary and where the intrusion is minor, traditional fourth amendment jurisprudence itself displaces probable cause when it determines the validity of a search. a legitimate balancing test whose function was something more substantial than reaching a predetermined conclusion acceptable to this court's impressions of what authority teachers ..... the federal constitution, by virtue of the fourteenth amendment, prohibits unreasonable searches and seizures by state officers." elkins v. united states, 364 u. s. 206 , 364 u. s. 213 (1960); accord, mapp v. ohio, 367 u. s. 643 (1961); wolf v. colorado, 338 u. s. 25 (1949). equally indisputable is the proposition that the fourteenth amendment protects the ..... statutes regulating school disciplinary policies and establishing the authority of school officials over their students. in carrying out searches and other disciplinary functions pursuant to such policies, school officials act as representatives of the state, not merely as surrogates for the parents, and they page 469 u. s. 337 cannot claim the parents' immunity from the strictures .....

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Jul 02 1985 (FN)

Mitsubishi Vs. Soler Chrysler-plymouth

Court : US Supreme Court

Decided on : Jul-02-1985

..... they have agreed to settle their dispute can be expected to select arbitrators accordingly. [ footnote 18 ] we decline to indulge the presumption that the parties and arbitral body conducting a proceeding will be unable or unwilling to retain competent, conscientious, and impartial arbitrators. we are left, then, with the core of the american safety doctrine -- the fundamental importance to american ..... of foreign arbitral awards (convention), [1970] 21 u.s.t. 2517, t.i.a.s. no. 6997, of claims arising under the sherman act, 15 u.s.c. 1 et seq., and encompassed within a valid arbitration clause in an agreement embodying an international commercial transaction. i petitioner-cross-respondent mitsubishi motors corporation (mitsubishi) is a japanese corporation which manufactures automobiles ..... the law of the shop, not the law of the land. united steelworkers of america v. warrior & gulf navigation co., 363 u. s. 574 , 363 u. s. 581 -583 (1960). parties usually choose an arbitrator because they trust his knowledge and judgment concerning the demands and norms of industrial relations. on the other hand, the resolution of statutory or constitutional ..... memorial hospital, 460 u.s. at 460 u. s. 24 -25. see, e.g., steelworkers v. warrior & gulf navigation co., 363 u. s. 574 , 363 u. s. 582 -583 (1960). thus, as with any other contract, the parties' intentions control, but those intentions are generously construed as to issues of arbitrability. there is no reason to depart from these guidelines .....

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Jul 01 1985 (FN)

Thomas Vs. Union Carbide

Court : US Supreme Court

Decided on : Jul-01-1985

..... and compensation schemes have plagued the pesticide industry and seriously hampered the effectiveness of fifra's reforms of the registration process. "to require the industry to proceed without knowing whether the [arbitration scheme] is valid would impose a palpable and considerable hardship." id. at 461 u. s. 201 -202. at a minimum stauffer, and arguably each appellee whose ..... court. without expressing any opinion on the merits, we leave the issue open for determination on remand. v our holding is limited to the proposition that congress, acting for a valid legislative purpose pursuant to its constitutional page 473 u. s. 594 powers under article i, may create a seemingly "private" right that is so closely integrated ..... their powers or willfully misconstrue their mandate under the governing law. cf. steelworkers v. enterprise wheel & car corp., 363 u. s. 593 , 363 u. s. 597 (1960) (arbitrator must be faithful to terms of mandate, and does not sit to administer his "own brand of industrial justice"). moreover, review of constitutional error is preserved, see walters ..... a precondition for registration of a pesticide, manufacturers must submit research data to the environmental protection agency (epa) concerning the product's health, safety, and environmental effects. the 1972 act established data-sharing provisions intended to streamline pesticide registration procedures, increase competition, and avoid unnecessary duplication of data-generation costs. s.rep. no. 92-838, pp. 72-73 .....

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Jun 24 1985 (FN)

United States Vs. Albertini

Court : US Supreme Court

Decided on : Jun-24-1985

..... provides for criminal punishment, in addition to administrative ejectment, for a limited class of unwelcome visitors to military installations. page 472 u. s. 696 the power to initiate criminal proceedings under 1382 is narrower than the base commander's broad power to exclude civilians from his facility. by its terms, the first clause of the statute only applies to persons ..... on base "did not leave the authorities powerless thereafter to prevent any civilian from entering . . . to speak on any subject whatever"). the fact that respondent had previously received a valid bar letter distinguished him from the general public and provided a reasonable grounds for excluding him from the base. that justification did not become less weighty when other persons were ..... 's state of mind, and there is no requirement that the government prove improper motive or intent. holdridge v. united states, 282 f.2d 302, 310-311 (ca8 1960). respondent does not dispute that he received the bar letter in 1972 and deliberately and knowingly reentered the base to which the letter applied. nothing in the language of 1382 ..... hundreds -- perhaps thousands -- of civilians would have "been removed therefrom" within the literal meaning of 1382. if the statutory language is interpreted literally, every one of these civilians would act at his peril if he accepted an invitation to the open house in the following year. [ footnote 7 ] moreover, highways or other public easements often bisect military reservations. cf. .....

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Jun 10 1985 (FN)

Lowe Vs. Sec

Court : US Supreme Court

Decided on : Jun-10-1985

..... due respect for the legislative branch requires that we exercise our power to strike down its enactments sparingly. for this reason, "[w]hen the validity of an act of the congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this ..... the identity, investments, or affairs of any client of such investment adviser, except insofar as such disclosure may be necessary or appropriate in a particular proceeding or investigation having as its object the enforcement of a provision or provisions of this subchapter." 15 u.s.c. 80b-10(c). the ..... e.g., sec v. capital gains research bureau, inc., 375 u. s. 180 (1963); in re todd, 40 s.e. c. 303 (1960); see also lovitch, the investment advisers act of 1940 -- who is an "investment adviser"?, 24 kan.l.rev. 67 (1975). [ footnote 2/2 ] the sec's page 472 u. ..... not incidental to their business, financial publishing houses not of general circulation, tout sheets, and others." s.rep. no. 1760, 86th cong., 2d sess., 2 (1960) (emphasis added). in 1970, congress page 472 u. s. 224 again expanded the enforcement authority of the sec, see pub.l. 91-547, 84 stat. ..... it has enacted applies to publishers of investment advice as well as to persons page 472 u. s. 223 who offer personal investment counseling. in 1960, congress substantially expanded the penalties available to the commission for use against unregistered advisers and advisers engaged in fraudulent or manipulative activities. pub.l. 86- .....

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May 20 1985 (FN)

Harper and Row Vs. Nation Enterprises

Court : US Supreme Court

Decided on : May-20-1985

..... use of these verbatim excerpts from the unpublished manuscript was not a fair use, the judgment of the court of appeals is reversed, and the case is remanded for further proceedings consistent with this opinion. it is so ordered. page 471 u. s. 570 [ footnote 1 ] section 106 provides in pertinent part: "subject to sections 107 through 118, ..... weigh against a finding of fair use. such a rule, like the page 471 u. s. 593 court's automatic presumption against news reporting for profit, would undermine the congressional validation of the news reporting purpose. a news business earns its reputation, and therefore its readership, through consistent prompt publication of news -- and often through "scooping" rivals. more importantly, ..... pay the remaining $12,500 to petitioners. petitioners then brought suit in federal district court against respondent publishers of the nation, alleging, inter alia, violations of the copyright act (act). the district court held that the ford memoirs were protected by copyright at the time of the nation publication, and that respondents' use of the copyrighted material constituted an ..... works (1958), reprinted as study no. 14 in copyright law revision studies nos. 1416, prepared for the senate committee on the judiciary, 86th cong., 2d sess., 7 (1960) (hereinafter latman). perhaps the controversy between the lower courts in this case over copyrightability is more aptly styled a dispute over whether the nation's appropriation of unoriginal and uncopyrightable .....

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Mar 19 1985 (FN)

Wayte Vs. United States

Court : US Supreme Court

Decided on : Mar-19-1985

..... analysis the courts are competent to undertake. judicial supervision in this area, moreover, entails systemic costs of particular concern. examining the basis of a prosecution delays the criminal proceeding, threatens to chill law enforcement by subjecting the prosecutor's motives and decisionmaking to outside inquiry, and may undermine prosecutorial effectiveness by revealing the government's enforcement policy. ..... the defense. the list of documents was kept under seal. the district court page 470 u. s. 618 applied the standard for determining whether an assertion of executive privilege is valid announced in united states v. nixon, 418 u. s. 683 , 418 u. s. 711 (1974). the court determined: "applying the balancing test from nixon to the ..... 1 ] the president issued presidential proclamation page 470 u. s. 601 no. 4771, 3 cfr 82 (1981). this proclamation directed male citizens and certain male residents born during 1960 to register with the selective service system during the week of july 21, 1980. petitioner fell within that class, but did not register. instead, he wrote several letters to government ..... protest registration. no matter how strong their protest, registration immunized them from prosecution. strictly speaking, then, the passive enforcement system penalized continued violation of the military selective service act, not speech. the only right it burdened was the asserted "right" not to register, a "right" without foundation either in the constitution or the history of our .....

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Jun 10 1985 (FN)

MountaIn States Tel. Vs. Santana Ana

Court : US Supreme Court

Decided on : Jun-10-1985

..... purchased an easement from the pueblo of santa ana for a telephone line. mountain states contends that the conveyance of this easement was valid under 17 of the pueblo lands act of 1924, 43 stat. 641, because it was "first approved by the secretary of the interior." [ footnote 1 ] the ..... authorize alienation of all pueblo lands. [ footnote 2/30 ] section 17 was drafted by francis wilson, an attorney representing the pueblos in the legislative proceedings, [ footnote 2/31 ] and the court has not suggested how a provision drafted by indian advocates who were urging simply that the pueblos be treated ..... stat. 2116, 25 u.s.c. 177. [ footnote 2/4 ] appropriations act of mar. 3, 1871, 1, rev.stat. 2079, 25 u.s.c. 71. see also fpc v. tuscarora indian nation, 362 u. s. 99 , 362 u. s. 118 -124 (1960). [ footnote 2/5 ] see, e.g., oneida indian nation of new ..... a) and (c) (discretionary grant of certiorari appropriate where, inter alia, decision below "has so far departed from the accepted and usual course of judicial proceedings . . . as to call for an exercise of this court's power of supervision," "has decided an important question of federal law which has not been ..... to and by lower courts. except in relatively rare situations justifying immediate intervention, the court, as manager, would accord a presumption of regularity and validity to the decisions of state and lower federal courts. a wise manager delegates responsibilities to subordinates and, absent an indication that something is awry, .....

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