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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Court: us supreme court Year: 1997 Page 1 of about 10 results (0.049 seconds)

Dec 09 1997 (FN)

County of Sacramento Vs. Lewis

Court : US Supreme Court

Decided on : Dec-09-1997

..... id., at 12, '15, "recklessness, gross negligence and conscious disregard for [lewis's] safety," id., at 13, n8, and "oppression, fraud and malice," ibid. the subsequent summary judgment proceedings revealed that the height of the fault actually claimed was "conscious disregard," the malice allegation having been made in aid of a request for punitive damages, but unsupported either in ..... conscience" was recited in at least one opinion involving legislative action. see united states v. salerno, 481 u. s. 739 , 746 (1987) (in considering whether the bail reform act of 1984 violated the due process clause, we said that "[s]o-called 'substantive due process' prevents the government from engaging in conduct that 'shocks the conscience' "). i am of ..... is claimed on the basis of a constitutional violation, even a finding of qualified immunity requires some determination about the state of constitutional law at the time the officer acted. what is more significant is that if the policy of avoidance were always followed in favor of ruling on qualified immunity whenever there was no clearly settled constitutional ..... u. s. 226 , 232 (1991) ("a necessary concomitant to the determination of whether the constitutional right asserted by a plaintiff is 'clearly established' at the time the defendant acted is the determination of whether the plaintiff has asserted a violation of a constitutional right at all," and courts should not "assum[e], without deciding, this preliminary issue"). justice stevens .....

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Oct 08 1997 (FN)

Hudson Vs. United States

Court : US Supreme Court

Decided on : Oct-08-1997

..... determine whether the civil forfeitures in ursery and the involuntary civil commitment in hendricks imposed "punishment" for double jeopardy purposes, for neither sanction was implemented via criminal proceedings. 111 important because the states and the federal government have an enormous array of civil administrative sanctions at their disposal that are capable of being used to punish ..... been prohibited from further participating in the banking industry, this is "certainly nothing approaching the 'infamous punishment' of imprisonment." flemming v. nestor, 363 u. s. 603 , 617 (1960). third, neither sanction comes into play "only" on a finding of scienter. the provisions under which the money penalties were imposed, 12 u. s. c. 93(b) and ..... conclusion by relying on dicta from kansas v. hendricks, 521 u. s. 346 , 370 (1997). there, after rejecting a double jeopardy challenge to kansas' sexually violent predator act, the court added: "the blockburger test, however, simply does not apply outside of the successive prosecution context." ibid. this statement, pure dictum, was unsupported by any authority ..... c. merle gile, james a. rolfe, and lynn pringle. deputy solicitor general dreeben argued the cause for the united states. with him on the briefs were acting 95 solicitor general dellinger, acting assistant attorney general keeney, and paul r. q. wolfson. * chief justice rehnquist delivered the opinion of the court. the government administratively imposed monetary penalties and .....

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Mar 18 1997 (FN)

Commissioner Vs. Estate of Hubert

Court : US Supreme Court

Decided on : Mar-18-1997

..... in addition to will contests alleging fraud and undue influence, there were satellite civil suits including claims of slander and abuse of process. the principal proceedings were in the probate and the superior courts of cobb county, georgia. the estate attracted the attention of petitioner, the commissioner of internal revenue. ..... to resolve this case, perhaps with the hope of making sense out of the applicable law. but where the applicability-not to mention the validity-of that theory is far from clear, the temptation to make order out of chaos at any cost should be resisted, especially when the ..... 87 (ca5 1965); estate of street v. commis- 139 sioner, 974 f.2d 723 (ca6 1992); estate of roney, 33 t. c. 801 (1960), aff'd per curiam, 294 f.2d 774 (ca5 1961); reply brief for petitioner 15. justice scalia explains why the commissioner's interpretation is consistent with the ..... are of opinion that it cannot be done .... our opinion is not changed by the necessary exceptions to the general rule specifically made by the act." id., at 155. so the charitable deduction had to be valued based on the wife's probable life expectancy as of the date of ..... breyer, j., filed a dissenting opinion, post, p. 138. kent l. jones argued the cause for petitioner. with him on the briefs were solicitor general days, acting solicitor general dellinger, assistant attorney general argrett, deputy solicitor general wallace, jonathan s. cohen, and joan 1. oppenheimer. david d. aughtry argued the cause for respondent .....

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Jan 13 1997 (FN)

Clinton Vs. Jones

Court : US Supreme Court

Decided on : Jan-13-1997

..... official duties. hence court review in such circumstances could not interfere with, or distract from, official duties. insofar as a court orders a president, in any such a proceeding, to act or to refrain from action, it defines, or determines, or clarifies the legal scope of an official duty. by definition (if the order itself is lawful), it cannot ..... courts 7 (1994); annual report of the director of the administrative office of the united states courts 1960, supra, at 205; the time and expense associated with both discovery and trial have increased, see, e. g., bell, varner, & gottschalk, automatic disclosure in discoverythe rush ..... administrative office of the united states courts, statistical tables for the federal judiciary 27 (1995); annual report of the director of the administrative office of the united states courts-1960, p. 224 (1961); the number of federal district judges has increased from 233 to about 650, see administrative office of united states courts, judicial business of united states ..... citing comments of, among others, george washington, john quincy adams, benjamin harrison, theodore roosevelt, william howard taft, and woodrow wilson); h. finer, the presidency: crisis and regeneration 35-37 (1960) (citing similar remarks by a number of presidents, including james monroe, james k. polk, and harry truman). 26 l. johnson, the vantage point 425 (1971). 27the amendment sets forth, .....

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Jun 23 1997 (FN)

idaho Vs. Coeur d'Alene Tribe of Idaho

Court : US Supreme Court

Decided on : Jun-23-1997

..... enforcement of the rate scheme. attempting to show the lack of necessity for federal intervention, young maintained the shareholders could wait until a state enforcement proceeding was brought against the railroads and then test the law's validity by raising constitutional defenses. the court rejected the argument, first because a single violation might not bring a prompt prosecution; and second because the ..... young. see florida dept. of state v. treasure salvors, inc., 458 u. s. 670 , 675676, and n. 5, 695-697 (1982) (opinion of stevens, j.) (officer suit may proceed where state officers are acting in violation of federal statutory law); see also larson, supra, at 698-699. the second difference from young is that this case turns on federal law governing passage ..... idaho in its sovereign capacity for the purpose of ensuring that it is used for the public benefit. poole v. olaveson, 82 idaho 496, 503, 356 p. 2d 61, 65 (1960). there are specific statutory provisions concerning lake coeur d' alene. the lake is held in trust by the governor for the people of the state of idaho. the "preservation of ..... . crowley filed a brief for the council of state governments et al. as amici curiae urging reversal. briefs of amicus curiae urging affirmance were filed for the united states by acting solicitor general dellinger, assistant attorney general schiffer, deputy solicitor general kneedler, jeffrey p. minear, anne s. almy, and edward j. shawaker; and for the american civil liberties union by robin .....

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Nov 12 1997 (FN)

Spencer Vs. Kemna

Court : US Supreme Court

Decided on : Nov-12-1997

..... collateral consequences sufficient to keep the controversy alive the possibility that the parole revocations would affect the individuals' "employment prospects, or the sentence imposed [upon them] in a future criminal proceeding." id., at 632. these "nonstatutory consequences" were dependent upon "[t]he discretionary decisions ... made by an employer or a sentencing judge," which are "not governed by the ..... to the defendant and likely to be redressed by a favorable judicial decision." lewis, supra, at 477. an incarcerated convict's (or a parolee's) challenge to the validity of his conviction always satisfies the case-orcontroversy requirement, because the incarceration (or the restriction imposed by the terms of the parole) constitutes a concrete injury, caused by the ..... morgan, 346 u. s. 502 (1954) (conviction had been used to increase petitioner's current sentence under state recidivist law); parker v. ellis, 362 u. s. 574, 576 (1960) (harlan, j., concurring) (since petitioner's other, unchallenged convictions took away the same civil rights as the conviction under challenge, the challenge was moot); ginsberg v. new york, 390 ..... petitioner in heck was an inmate with a direct appeal from his conviction pending, who brought a 1983 action for damages against state officials who were said to have acted unconstitutionally in arresting and prosecuting him. drawing an analogy to the tort of malicious prosecution, we ruled that an inmate's 1983 claim for damages was unavailable because he .....

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May 19 1997 (FN)

Camps Newfound/Owatonna, Inc. Vs. Town of Harrison

Court : US Supreme Court

Decided on : May-19-1997

..... war era decision in woodruffv. parham, 8 wall. 123 (1869), of course, held that the import-export clause applied only to foreign trade. none of the parties to these proceedings have challenged that holding, but given that the common 18th-century understanding of the words used in the clause extended to interstate as well as foreign trade, it is largely ..... assuming it can, a distinction between charities serving mainly residents and 601 charities operated principally for the benefit of nonresidents is constitutional.1 iii i turn next to the validity of this focused tax exemptionapplicable only to property used solely for charitable purposes by organizations devoted exclusively to charity-under the negative commerce clause principles discussed earlier. the court ..... unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits. huron [portland] cement co. v. detroit, 362 u. s. 440 , 443 [(1960)]. if a legitimate local purpose is found, then the question becomes one of degree. and the extent of the burden that will be tolerated will of course depend on the ..... federal laws regulating commerce. see also nlrb v. yeshiva univ., 444 u. s. 672 , 681, n. 11 (1980) (noting that in context of amendments to national labor relations act "congress appears to have agreed that nonprofit institutions 'affect commerce' under modern economic conditions"). we have already held that the dormant commerce clause is applicable to activities undertaken without the .....

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Feb 18 1997 (FN)

General Motors Corp. Vs. Tracy

Court : US Supreme Court

Decided on : Feb-18-1997

..... local utilities' singular role in serving it, and hence to treat marketers and ldc's as dissimilar for present purposes. first and most important, we must recognize an obligation to proceed cautiously lest we imperil the delivery by regulated ldc's of bundled gas to the noncompetitive captive market. second, as a court we lack the expertness and the institutional resources ..... ferc, 883 f.2d 117 ,121-122 (cadc 1989), cert. denied, 494 u. s. 1079 (1990). we express no view on the correctness of these decisions. 307 440, 443-444 (1960) (quoting sherlock v. alling, 93 u. s. 99 , 103 (1876)). just so may health and safety considerations be weighed in the process of deciding the threshold question whether the conditions ..... the one before us "call[s] for congressional investigation, consideration, and action. the constitution gives that branch of government the power to regulate commerce among the states, and until it acts i think we should enter the field with extreme caution." northwest airlines, inc. v. minnesota, 322 u. s. 292 , 302 (1944) (concurring opinion). this conclusion applies a fortiori here, ..... taken over. cf. prudential ins. co. v. benjamin, 328 u. s. 408 [(1946) (upholding discriminatory state taxation of out-of-state insurance companies as authorized 293 by the mccarran act)]." panhandle-indiana, supra, at 521. and congress once again acknowledged the important role of the states in regulating intrastate transportation and distribution of natural gas in 1953 when, in the .....

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Dec 02 1997 (FN)

Brogan Vs. United States

Court : US Supreme Court

Decided on : Dec-02-1997

..... proposal excluded from the false statement prohibition all "information given during the course of an investigation into possible commission of an offense unless the information is given in an official proceeding or the declarant is otherwise under a legal duty to give the information." national commission on reform of federal criminal laws, final report 1352(3). in sum, an array ..... an official inquiry. without that right, the opinion said, he would be exposed "to the cruel trilemma of self-accusation, perjury or contempt." id., at 55. in order to validate the "exculpatory no," the elements of this "cruel trilemma" have now been altered-ratcheted up, as it were, so that the right to remain silent, which was the liberation from ..... altogether uncommon episodes show,2 1001 may apply to encounters between agents and their targets 2 see, e. g., united states v. stoffey, 279 f.2d 924 , 927 (ca7 1960) (defendant prosecuted for falsely denying, while effectively detained by agents, that he participated in illegal gambling; court concluded that "purpose of the agents was not to investigate or to obtain ..... law reform commission, would excise unsworn oral 8see, e. g., united states v. moore, 27 f.3d 969 , 979 (ca4 1994) ("exculpatory no" doctrine covers simple denials of criminal acts, but "does not extend to misleading exculpatory stories or affirmative statements ... that divert the government in its investigation of criminal activity"). 418 statements from 1001 altogether. see all, model penal .....

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Oct 08 1997 (FN)

Salinas Vs. United States

Court : US Supreme Court

Decided on : Oct-08-1997

..... a crime, the actor need not agree 'to commit' the crime." american law institute, model penal code, tent. draft no. 10, p. 117 (1960). the model penal code still uses this formulation. see model penal code 5.03(1)(a), 10 u. l. a. 501 (1974). a conspirator ..... conspiracy, however, and he challenges the conviction because the jury was not instructed that he must have committed or agreed to commit two predicate acts himself. his interpretation of the conspiracy statute is wrong. the rico conspiracy statute, simple in formulation, provides: "it shall be unlawful for any ..... for conspiracy to violate rico. there could be no conspiracy offense, he says, unless he himself committed or agreed to commit the two predicate acts requisite for a substantive rico offense under 1962(c). salinas identifies a conflict among the courts of appeals on the point. decisions of the ..... 12.6, in support of petitioner. paul r. q. wolfson argued the cause for the united states. with him on the brief were acting solicitor general dellinger, acting assistant attorney general keeney, 54 deputy solicitor general dreeben, joel m. gershowitz, and richard a. friedman. * justice kennedy delivered the opinion ..... c)-is even more comprehensive than the general conspiracy provision applicable to federal crimes, 371, since it contains no requirement of an overt or specific act to effect the conspiracy's object. presuming congress intended the "to conspire" phrase to have its ordinary meaning under the criminal law, see morissette .....

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