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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1976 Page 36 of about 363 results (0.493 seconds)

Jun 07 1976 (FN)

Epa Vs. California

Court : US Supreme Court

Decided on : Jun-07-1976

..... (a)(1) (1970 ed., supp. iv). one of the definitions of "effluent standard or limitation" for purposes of 505 is "a permit or condition thereof issued under section 402 of this act, which is in effect under this page 426 u. s. 223 act (including a requirement applicable by reason of section 313 of this act)." 505(f)(6), 33 u.s.c. 1365(f)(6 ..... , not on 301(a), and it was under 402 that the administrator issued his regulation subjecting federal instrumentalities to the epa permit system. 40 cfr 125.2(a)(2), (b) (1975), 38 fed.reg. 13528 (1973). section 301(a) simply makes it "unlawful" for "any person" not to have the required permit. that federal agencies, departments, and instrumentalities are not "persons" within the ..... these possible problems of coordination in the administration of water quality standards fail to provide an adequate basis for finding a clear congressional intention to subject federal dischargers to the degree of control inherent in adhering to state permit requirements respecting water quality standards. [ footnote 36 ] the states make several other arguments in support of their position that congress intended federal ..... program, and that the epa page 426 u. s. 227 was authorized to, and would, continue to issue permits to federal dischargers were soon made explicit in 40 cfr 125.2(a)(2), (b) (1975), [ footnote 41 ] which provide that federal dischargers are to comply with the epa permit program, and that state npdes permit programs do not cover federal agencies and .....

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Mar 23 1976 (FN)

Paul Vs. Davis

Court : US Supreme Court

Decided on : Mar-23-1976

..... "implicit in the concept of ordered liberty" as described in palko v. connecticut, 302 u. s. 319 , 302 u. s. 325 (1937). the activities detailed as being within this definition were ones very different from that for which respondent claims constitutional protection -- matters relating to marriage, procreation, contraception, family relationships, and childrearing and education. in these areas, it has been ..... to parties deprived of constitutional rights, privileges and immunities by an official's abuse of his position. " monroe v. pape, supra at 365 u. s. 172 (emphasis supplied). section 1983 focuses on "[m]isuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law. " united states ..... that, but for today's decision, negligent tortious behavior by state officials might constitute a 1983 violation, see ante at 424 u. s. 698 , suggests this reading. [ footnote 2/2 ] but that concern is page 424 u. s. 717 groundless. an official's actions are not "under color of" law merely because he is an official; an off-duty ..... justified the invocation of procedural safeguards. the "stigma" resulting from the defamatory character of the posting was doubtless an important factor in evaluating the extent of harm worked by that act, but we do not think that such defamation, standing alone, deprived constantineau of any "liberty" protected by the procedural guarantees of the fourteenth amendment. this conclusion is reinforced by .....

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Jan 14 1976 (FN)

MichelIn Tire Corp. Vs. Wages

Court : US Supreme Court

Decided on : Jan-14-1976

..... have no impact whatsoever on the federal government's exclusive regulation of foreign commerce, probably the most important purpose of the clause's prohibition. by definition, such a tax does not fall on imports as such because of their place of origin. it cannot be used to create special protective ..... duties &c.;" subsequently, mr. martin also stated in his "genuine information" delivered to the maryland legislature, see 3 farrand 203-204: "by the eighth section of this article, congress is to have power to lay and collect taxes, duties, imposts, and excises. when we met in convention after our adjournment, to ..... i have already said, was a very difficult one for the judicial mind. in the nature of things, the line of division is in some degree vague and indefinite, and i do not see how it could be drawn more accurately and correctly, or more in harmony with the obvious intention ..... of maryland's license tax on the right to sell imported goods to note that a tax imposed directly on imported goods which have not been acted upon in any way would clearly fall within the constitutional prohibition, that observation did not apply, as the foregoing analysis indicates, to a state ..... make the import-export clause's prohibition of state exactions absolute, it immediately added that proviso, which mr. madison supported "as preventing all state imposts." 2 farrand 441-442. see also, e.g., 3 id. at 215-216 (luther martin's "genuine information"). of course, congress presumably could enact other .....

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Dec 13 1976 (FN)

Mathews Vs. De Castro

Court : US Supreme Court

Decided on : Dec-13-1976

..... who stay married. the problems that a divorced wife may encounter when her former husband becomes old or disabled may well differ in kind and degree from those that a woman married to a retired or disabled husband must face. for instance, a divorced wife need not forgo work in ..... confronting families whose breadwinners" stop work. the focus was specifically on "adequate protection for [the husband's] family," and the reports mentioned the high medical expenses often associated with disability and the possibility that the wife might have to forgo work in order to care for her disabled husband. h.r.rep ..... attack on a statute that gave monetary benefits to women based on their general overall need, that is not this case. section 202(b)(1)(b) of the act addresses the particular consequences for his family of a wage earner's old age or disability. congress could rationally have decided that ..... (e), (g) (1970 ed. and supp. v). divorced and married women, with or without dependent children, are eligible to receive monthly payments under these sections in certain circumstances not pertinent here. [ footnote 6 ] the old-age and disability insurance programs are distinct from the provisions for public assistance to the aged ..... (b)(1) of the social security act, 49 stat. 623, as added and amended, 42 u.s.c. 402(b)(1) (1970 ed. and supp. v), provides for the payment of "wife's insurance benefits." [ footnote 2 ] to qualify under this section, a woman must be the page 429 u. s. 183 wife or "divorce .....

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Jun 29 1976 (FN)

Mathews Vs. Lucas

Court : US Supreme Court

Decided on : Jun-29-1976

..... . . applicants who according to such law would have the same status relative to taking intestate personal property as a child . . . shall be deemed such." [ footnote 2 ] section 202(d)(3) of the act, 42 u.s.c. 402(d)(3), provides in pertinent part: "a child shall be deemed dependent upon his father or adopting father or his mother or adopting ..... the jurisdiction of how a parent would have his property devolve among his children in the event of death, without specific directions, such legislation also reflects to some degree the popular conception within the jurisdiction of the felt parental obligation to such an "illegitimate" child in other circumstances, and thus something of the likelihood of actual parental ..... stake in this litigation requires affirmance of the judgment of the district court. i respectfully dissent. [ footnote 2/1 ] "even if children might rationally be classified on the basis of whether they are dependent upon their disabled parent, the act's definition of these two subclasses of illegitimates is 'overinclusive' in that it benefits some children who are legitimated, ..... insurance benefit for each month, beginning with the first month after august, 1950, in which such child becomes so entitled to such insurance benefits. . . ." section 216(e), 42 u.s.c. 416(e), includes, under the definition of child, inter alia, "the child . . . of an individual," certain legally adopted children, certain stepchildren, and certain grandchildren and stepgrandchildren. additionally, .....

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Jun 21 1976 (FN)

City of Eastlake Vs. Forest City Enterprises, Inc.

Court : US Supreme Court

Decided on : Jun-21-1976

..... this comment with the practice of another "zoning man." see united states v. staszcuk, 517 f.2d 53, 56 (ca7 1975). [ footnote 2/8 ] this exceptional bit of legislation is worth reading in its entirety: " section 3. mandatory referral" "that any change to the existing land uses or any change whatsoever to any ordinance, or the enactment of any ordinance ..... that townspeople assembling in a town meeting, as the people of eastlake could do, hunter v. erickson, 393 u. s. 385 , 393 u. s. 392 (1969), will act according to consistent standards. the critical constitutional inquiry, rather, is whether the zoning restriction produces arbitrary or capricious results. [ footnote 11 ] the supreme court of ohio rested its decision ..... ." 5 e. mcquillan, municipal corporations 16.54, p. 208 (3d ed., 1969). however, the ohio supreme court concluded that only land use changes granted by the city council when acting in a legislative capacity were subject to the referendum process. under the court's binding interpretation of state law, a property owner seeking relief from unnecessary hardship occasioned by zoning ..... given no standards to guide their decision. under eastlake's procedure, the ohio supreme court reasoned, no mechanism existed, nor indeed could exist, to assure that the voters would act rationally in passing upon a proposed zoning change. this meant that "appropriate legislative action [would] be made dependent upon the potentially arbitrary and unreasonable whims of the voting public .....

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Mar 24 1976 (FN)

Franks Vs. Bowman Transportation Co., Inc.

Court : US Supreme Court

Decided on : Mar-24-1976

..... , raises distinctly different issues from the equity, vis-a-vis incumbents, of granting retroactive seniority to each victim. [ footnote 2/9 ] indeed, the 1972 amendment process which produced the section-by-section analysis containing the statement of the act's "make whole" purpose also resulted in an addition to 706(g) itself clearly showing congressional recognition that total restitution to ..... they have received in entitlement to consideration for hiring and backpay is inadequate without further award of entitlement to seniority benefits. pp. 424 u. s. 752 -757. 2. section 703(h) does not bar seniority relief to unnamed members of the class in question, who are not seeking modification or elimination of the existing seniority system but only ..... belied by the language of the statute itself, which speaks of "such affirmative action as may be appropriate" and such "equitable relief as the court deems appropriate." the section-by-section analysis similarly recognized that, in fashioning "the most complete relief possible," the court still is to exercise "equitable powers." but in holding that a district court, in ..... and effect of 703(h). on its face, 703(h) appears to be only a definitional provision; as with the other provisions of 703, subsection (h) delineates which employment practices are illegal, and thereby prohibited, and which are not. [ footnote 11 ] section 703(h) certainly does not expressly purport to qualify or proscribe relief otherwise appropriate under the .....

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Sep 13 1976 (HC)

State Vs. Prakash Ch. De and anr.

Court : Kolkata

Decided on : Sep-13-1976

Reported in : 1977CriLJ863

..... framed by the high court under claule 37 of the letters patent the same will apply to article 117 of the limitation act but that decision flowed from section 29(2) of the limitation act, 1963, according to which, where special law prescribes any period of limitation in an appeal the same shall apply to ..... numerous cases to some of which our attention was drawn by mr. chowdhury, learned counsel on behalf of the state. even to go by the definition given in the civil procedure code 'order' is a formal expression of a decision of a civil court which is not a decree. individually decree itself is ..... prosecution case in detail. the unsatisfactory state of some of the entries in the general diary of the police station and the earliest records at the medical college along' with other relevant circumstances make the defence case plausible viz., that the time of occurrence might have been much earlier than 9.00 ..... stage on the 2nd trial the prosecution brought it before the court, (viii) dr. mahapatra, dr. chowdhury or the nurses or anybody else from the medical college has not identified either samir or arun being present at the emergency; (ix) while it is admitted that neither arun nor samir went upstairs yet ..... kanai dutt, s.i. of jorasanko p.s. and some officers from amherst p.s. arrived at the place of occurrence and went to the medical college hospital. the investigation was taken up by s.i., kanai dutt who recorded the statement of five eye-witnesses and some other persons. according .....

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Jun 25 1976 (FN)

Machinists Vs. WisconsIn Employment Rel. Comm'n

Court : US Supreme Court

Decided on : Jun-25-1976

..... it may be -- indeed is -- protected against state, but not employer interference." cox, supra, n 4, at 1346 (footnote omitted). [ footnote 7 ] "[t]he taft-hartley act was, to a marked degree, the result of conflict and compromise between strong contending forces and deeply held views on the . . . appropriate balance to be struck between the uncontrolled power of management and ..... refusal to work overtime . . . engaged in a concerted effort to interfere with production and . . . committed an unfair labor practice within the meaning page 427 u. s. 136 of section 111.06(2)(h). . . . [ footnote 1 ]" the commission thereupon entered an order that the union, inter alia, "[i]mmediately cease and desist from authorizing, encouraging or condoning any concerted refusal to ..... 110, 115 (1973); cox, the right to engage in concerted activities, 26 ind.l.j. 319, 339 (1951); getman, the protection of economic pressure by section 7 of the national labor relations act, 115 u.pa.l.rev. 1195, 1236 (1967). our decisions since briggs-stratton have made it abundantly clear that state attempts to influence the substantive terms of ..... of [the] union activities" there presented, id. at 382 u. s. 183 , by concluding that the act's amendment expressly to exclude supervisory employees from the critical definition of "employees" eliminated any serious problems of preemption, since "many provisions of the act employing that pivotal term would cease to operate where supervisors were the focus of concern." id. at 382 u .....

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Jun 01 1976 (FN)

Hampton Vs. Mow Sun Wong

Court : US Supreme Court

Decided on : Jun-01-1976

..... [ footnote 11 ] pub.l. 91-375, 84 stat. 719. the technical amendment to title 5 removed the officers and employees of the postal service and postal rate commission from the definitions of officers and employees who are subject to civil service. [ footnote 12 ] during this period, the postal service personnel handbook provided: "317.3 citizenship requirements" ".31 applicability" ".311 ..... . for several reasons, that justification is unacceptable in this case. the civil service commission, like other administrative agencies, has an obligation to perform its responsibilities with some degree of expertise, and to make known the reasons for its important decisions. there is nothing in the record before us, or in matter of which we may properly ..... permanent allegiance to the united states. however, a noncitizen may be given (1) a limited executive assignment under section 305.509 of this chapter in the absence of qualified citizens or (2) an appointment in rare cases under section 316.601 of this chapter, unless the appointment is prohibited by statute." apparently the only persons other than citizens ..... footnote 31 ] congress has not thereafter repudiated, or even considered the desirability of repudiating, the commission's policy. it has, however, in a number of its appropriation acts, imposed various limitations on the classes of employees who may receive compensation from the federal government. these limitations give rise to conflicting inferences which may be illustrated by reference .....

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