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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1976 Page 33 of about 363 results (0.245 seconds)

Nov 30 1976 (FN)

Estelle Vs. Gamble

Court : US Supreme Court

Decided on : Nov-30-1976

..... 16 (supp. 1976); wyo.stat.ann. 18-299 (1959). many states have also adopted regulations which specify, in varying degrees of detail, the standards of medical care to be provided to prisoners. see comment, the rights of prisoners to medical care and the implications for drug-dependent prisoners and pretrial detainees, 42 u.chi.l.rev. 705, 708-709 (1975). ..... , the doctors may be guilty of nothing more than negligence or malpractice. on the other hand, it is surely not inconceivable that an overworked, undermanned medical staff in a crowded prison [ footnote 2/2 ] is following the expedient course of routinely prescribing nothing more than pain killers when a thorough diagnosis would disclose an obvious need for remedial treatment. [ ..... does not become a constitutional violation merely because the victim is a prisoner. in order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs. it is only such indifference that can offend "evolving standards of decency" in violation of the eighth amendment. [ footnote 14 ] iii ..... law institute, model penal code 303.4, 304.5 (1962); national advisory commission on criminal justice standards and goals, standards on rights of offenders, standard 2.6 (1973); national council on crime and delinquency, model act for the protection of rights of prisoners, 1(b) (1972); national sheriffs' association, standards for inmates' legal rights, right no. 3 (1974); .....

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Jul 06 1976 (FN)

Cantor Vs. Detroit Edison Co.

Court : US Supreme Court

Decided on : Jul-06-1976

..... nonetheless held unlawful, and, to that extent, the law of new jersey was forced to give way. [ footnote 2/2 ] indeed, i suppose that some degree of state law preemption is implicit in the most fundamental operation of the sherman act. if a state had no antitrust policy of its own, anticompetitive combinations of all kinds would be sanctioned and enforced ..... light bulbs to its customers without additional charge since 1886. [ footnote 5 ] in 1909, the state of michigan began regulation of electric utilities. [ footnote 6 ] in 1916, the michigan public service commission first approved a tariff filed by respondent setting forth the lamp supply program. thereafter, the commission's approval of respondent's tariffs has included implicit ..... and adaptability comparable to that found to be desirable in constitutional provisions. it does not go into detailed definitions which might either work injury to legitimate enterprise or, through particularization, defeat its purposes by providing loopholes for escape. the restrictions the act imposes are not mechanical or artificial. its general phrases, interpreted to attain its fundamental objects, set ..... define its scope in so far as it applies to the activities of state governments. but nothing in the act precludes its application to programs sponsored by the states. sections 1 and 2 prohibit unlawful conduct by 'persons,' and the word 'person,' as defined in section 7, in some connections at least, may include a state. georgia v. evans, 316 u. s. .....

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Jul 02 1976 (FN)

Woodson Vs. North Carolina

Court : US Supreme Court

Decided on : Jul-02-1976

..... automatically carry with it a life sentence. only three other states now have the mandatory death penalty, and we believe its retention will be definitely harmful. quite frequently, juries refuse to convict for rape or first degree murder because, from all the circumstances, they do not believe the defendant, although guilty, should suffer death. the result is that verdicts are ..... amended to eliminate the express dispensing power of the jury, and to add kidnaping to the underlying felonies for which death is the specified penalty. as amended in 1974, the section reads as follows: "a murder which shall be perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate and ..... ] instead of rationalizing the sentencing process, a mandatory scheme may well exacerbate the problem identified in furman by resting the penalty determination on the particular jury's willingness to act lawlessly. while a mandatory death penalty statute may reasonably be expected to increase the number of persons sentenced to death, it does not fulfill furman's basic requirement by ..... to consider whether the imposition of the death penalties in this case comports with page 428 u. s. 285 the eighth and fourteenth amendments to the united states constitution. ii the petitioners argue that the imposition of the death penalty under any circumstances is cruel and unusual punishment in violation of the eighth and fourteenth amendments. we reject this argument .....

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Jul 01 1976 (FN)

Bellotti Vs. Baird

Court : US Supreme Court

Decided on : Jul-01-1976

..... the proposition that, where an unconstrued state statute is susceptible of a constitutional construction, a federal court should abstain from deciding a constitutional challenge to the statute until a definitive state construction has been obtained. the district court held hearings on the motion for a preliminary injunction; these were later merged into the trial on the merits. it ..... do not accept appellees' assertion that the supreme judicial court of massachusetts inevitably will interpret the statute so as to create a "parental veto," require the superior court to act other than in the best interests of the minor, or impose undue burdens upon a minor capable of giving an informed consent. in planned parenthood of central missouri v ..... the constitutionality of such page 428 u. s. 150 distinction will depend upon its degree and the justification for it. the constitutional issue cannot now be defined, however, for the degree of distinction between the consent procedure for abortions and the consent procedures for other medical procedures cannot be established until the nature of the consent required for abortions is established. ..... ( ii ) relied in good faith upon the representations of such minor that he is over eighteen years of age." "all information and records kept in connection with the medical or dental care of a minor who consents thereto in accordance with this section shall be confidential between the minor and the physician or dentist, and shall not be released except .....

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Mar 24 1976 (FN)

Greer Vs. Spock

Court : US Supreme Court

Decided on : Mar-24-1976

..... civilian representation, the leavening effect of recalcitrant servicemen -- drafted enlisted men and rotc officers -- will be no more. it appears that, while our civilian institutions are heading toward more participative definition and control, the post-vietnam military will follow a more conventional and authoritarian social organization. . . ." id. at 424 u. s. 292 . [ footnote 3/17 ] my ..... attorney general, this inconvenience is justified in a free society to protect constitutional values. nor do we think the government's domestic surveillance powers will be impaired to any significant degree. . . ." 407 u.s. at 407 u. s. 319 -321. [ footnote 3/6 ] the concurring opinion of my brother powell properly recognizes at least the need ..... was not incompatible with the neutrality or the disciplinary goals of the base proper. fort dix, in contrast, is a discrete military training enclave in a predominately rural area. [ footnote 2/2 ] fort dix reg. 2126 (1968) prohibits "[d]emonstrations, picketing, sit-ins, protest marches, political speeches and similar activities." it is not clear whether "similar activities" include ..... free as individuals to attend political rallies, out of uniform and off base. but the military as such is insulated from both the reality and the appearance of acting as a handmaiden for partisan political causes or candidates. such a policy is wholly consistent with the american constitutional tradition of a politically neutral military establishment under civilian .....

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Mar 23 1976 (FN)

Singleton Vs. Wulff

Court : US Supreme Court

Decided on : Mar-23-1976

..... "client's" claim is imminently moot, as the pregnant woman's technically is, the standing issue in such a future case will not be definitively controlled by this one. beyond that, we simply decline to speculate on cases not before us. [ footnote 8 ] these examples are not intended ..... judicial power of the district court. they have performed abortions for which missouri's medicaid system would compensate them directly [ footnote 2/1 ] if the challenged statutory section did not preclude it. respondents page 428 u. s. 123 allege an intention to continue to perform such abortions, and ..... the enjoyment of their constitutional rights. the point is not that these were easy alternatives, but that they differed only in the degree of difficulty, if they differed at all, from the alternative in this case of the women themselves seeking a declaration or injunction that ..... physicians, brought this action for injunctive relief and a declaration of the unconstitutionality of a missouri statute that excludes abortions that are not "medically indicated" from the purposes for which medicaid benefits are available to needy persons. in response to petitioner's pre-answer motion to dismiss ..... , each respondent averred that he had provided, and anticipated providing, abortions to needy patients, and that petitioner, the responsible state official, acting in reliance on the challenged statute, had refused all medicaid applications filed in connection with such abortions. a three-judge district court dismissed .....

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Jul 06 1976 (FN)

Stone Vs. Powell

Court : US Supreme Court

Decided on : Jul-06-1976

..... so long as persons who commit serious crimes continue to reap the enormous and undeserved benefits of the exclusionary rule. and of course, by definition, the direct beneficiaries of this rule can be none but persons guilty of crimes. with this extraordinary "remedy" for fourth amendment violations, however ..... constables from blundering, pursuance of this policy of liberation beyond the confines of necessity inflicts gratuitous harm on the public interest. . . ." search, seizure, and section 2255: a comment, 112 u.pa.l.rev. 378, 388-389 (1964) (footnotes omitted). [ footnote 25 ] see generally m. frankel, the search for ..... rice voluntarily surrendered. the clothes rice was wearing at that time were subjected to chemical analysis, disclosing dynamite particles. rice was tried for first-degree murder in the district court of douglas county. at trial, peak admitted planting the suitcase and making the telephone call, and implicated rice in ..... also fay v. noia, 372 u.s. at 372 u. s. 432 -433; england v. louisiana state board of medical examiners, 375 u. s. 411 , 375 u. s. 415 -417 (1964). [ footnote 2/19 ] see brown v. allen, 344 u.s. at 344 u. s. 497 -499 (opinion of frankfurter, j.). ..... were evaluated and deemed to be outweighed when the exclusionary rule was fashioned. the only proper question on habeas is whether federal courts, acting under congressional directive to have the last say as to enforcement of federal constitutional principles, are to permit the states free enjoyment of the .....

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Jun 01 1976 (FN)

Mathews Vs. Diaz

Court : US Supreme Court

Decided on : Jun-01-1976

..... equally strong claim to favored treatment be placed on different sides of the line; the differences between the page 426 u. s. 84 eligible and the ineligible are differences in degree, rather than differences in the character of their respective claims. when this kind of policy choice must be made, we are especially reluctant to question the exercise of congressional ..... the secretary's stipulation that espinosa had filed an application. a further problem is presented by the absence of any formal administrative action by the secretary denying espinosa's application. section 405(g) requires a final decision by the secretary after a hearing as a prerequisite of jurisdiction. mathews v. eldridge, supra at 424 u. s. 328 -330; weinberger v. ..... 1976 426 u.s. 67 appeal from the united states district court for the southern district of florida syllabus title 42 u.s.c. 1395 o (2) qualifies for enrollment in the medicare supplemental medical insurance program residents of the united states who are 65 or older, but in subsection (b) denies eligibility to aliens unless they have been admitted for permanent ..... complaint on the ground, among others, that the district court lacked jurisdiction over the subject matter because none of the plaintiffs had exhausted his administrative remedies under the social security act. two days later, on october 26, 1972, espinosa filed his application for enrollment with the secretary. he promptly brought this fact to the attention of the district court, without .....

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Mar 24 1976 (FN)

Abbott Laboratories Vs. Portland Retail Druggists

Court : US Supreme Court

Decided on : Mar-24-1976

..... to the community, as compared with hospital operations of some years ago, and because of the obvious need for a definitive construction of language in the nonprofit institutions act, [ footnote 4 ] we granted certiorari. 422 u.s. 1040 (1975). ii the pertinent facts are not really in dispute. the petitioners, admittedly, sell their pharmaceutical products to the designated portland hospitals ..... petitioners to the extent of 50%. it is so ordered. mr. justice stevens took no part in the consideration or decision of this case. [ footnote 1 ] "nothing in sections 13 to 13b and 21a of this title, shall apply to purchases of their supplies for their own use by schools, colleges, universities, public libraries, churches, hospitals, and ..... community is readily inclined to turn, and -- because of increasing costs, physician specialization, shortage of general practitioners, and other factors -- is often compelled to turn, whenever a medical problem of import presents itself. the emergency room has become a facility for all who need it, and it no longer is restricted to cases previously authorized by members of ..... act merely because there has been a "change in the distribution of health care" whereby the percentage of outpatient treatment increased since the statute was passed in 1938, id. at 284; that "take-home drugs" were within the "clear meaning" of the statute, ibid.; that drugs furnished to employees, staff physicians, and other members of the staff, while presenting "some mild degree .....

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Jul 02 1976 (FN)

Gregg Vs. Georgia

Court : US Supreme Court

Decided on : Jul-02-1976

..... imposed for kidnaping, ga.code ann 26-1311; armed robbery, 26-1902; rape, 26-2001; treason, 26-2201; and aircraft hijacking, 26-3301. [ footnote 2/2 ] section 26-3102 (supp. 1975) provides: "capital offenses; jury verdict and sentence." "where, upon a trial by jury, a person is convicted of an offense which ..... mean that judges have no role to play, for the eighth amendment is a restraint upon the exercise of legislative power. "judicial review, by definition, often involves a conflict between judicial and legislative judgment as to what the constitution means or requires. in this respect, eighth amendment cases come to ..... or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree." "(3) the offender by his act of murder, armed robbery, or kidnapping knowingly created a great risk of death to more than one person in a public place ..... that the death penalty, however imposed and for whatever crime, is cruel and unusual punishment. i therefore concur in the judgment of affirmance. [ footnote 2/1 ] section 21101 provides as follows: "murder." "(a) a person commits murder when he unlawfully and with malice aforethought, either express or implied, causes the death ..... petitioner, at close range, then fired a shot into the head of each. he robbed them of valuables and drove away with allen. a medical examiner testified that simmons died from a bullet wound in the eye, and that moore died from bullet wounds in the cheek and in the .....

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