Court : US Supreme Court
Decided on : Oct-08-2002
..... for the 1995 fiscal year. this figure includes only the health and death benefit premiums, since no unassigned beneficiaries premium has yet been charged. coal act implementation 32-33. the 2002 per-beneficiary premium was approximately $2,725. general accounting office report no. 02-243, retired coal miners' health benefit funds: financial challenges continue 8 (apr. 2002). 3 the commissioner's proffered reason ..... 9706(a)'s power to "assign ... eligible beneficiar[ies]" is prefaced by the phrase "before october 1, 1993," the statutory date is intertwined with the grant of authority; it is part of the very definition of the commissioner's power. if the statute provided that the commissioner "shall, on or after october 1, 1993," assign each eligible beneficiary to a signatory ..... ). the same representative informed congress in 1995 that ssa had "completed the process of making the initial assignment decisions by october 1, 1993, as required by law." hearing on the coal industry retiree health benefit act of 1992 before the subcommittee on oversight of the house committee on ways and means, 104th cong., 1st sess., 23 (1995), ser. no. 104-67, ..... needed for such a transfer to occur: "one of the things that concerned the commission was, first of all, our understanding of the present state of law under the employee retirement income security act. under that act it is not within the power of any of the participants or signatories to transfer a pension surplus to a benefit fund. that is one of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-08-2002
Reported in : AIR2002SC609; 108CompCas652(SC); (2002)2CompLJ252(SC); JT2002(1)SC61; (2002)ILLJ1088SC; 2002(1)SCALE52; (2002)2SCC167; 1SCR37; 2002(1)SCT836(SC)
..... ' and, therefore, 'state' within the meaning of the expression in article 12."in chander mohan khanna vs ncert [1991(4) scc 578], this court while observing that there are only general principles but not exhaustive tests to determine whether a body is an instrumentality or agency of the government and those which are not, emphasized that the powers, functions, finances and ..... several officers, playing vital role in the day-to-day administration of the company can be done only with the prior permission or approval of the government of karnataka. the general manager also may be appointed on such terms andremunerations as may be fixed, only subject to the approval of the government of karnataka.(i) for any investment or expenditure above ..... of the high court by an order dated 4.3.98 granted stay of the order of transfer dated 27.11.97 confirming thereby the ex-parte interim order of stay earlier granted on 24.2.98 and rejecting the application of the appellant company for vacating the same. before the division bench, at the time of initial hearing of the appeals ..... inference that they become agents of thecentre/state government for all purposes so as to bind such government for all their acts, liabilities and obligations under various central and/or state acts or under private law."a careful consideration of the principles of law noticed supra and the factual details not only found illustrated from the memorandum as well as articles of association of .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-28-2002
..... , 134 u. s. 1 (1890) (applying state sovereign immunity to suits by a state's own citizens under federal-question jurisdiction). adhering to that well-reasoned precedent, see part ii, supra, we must determine whether the sovereign immunity embedded in our constitutional structure and retained by the states when they joined the union extends to fmc adjudicative proceedings. a "[l ..... not supported by the text of the tenth amendment. the principle of state sovereign immunity enshrined in our constitutional framework, however, is not rooted in the tenth amendment. see part ii, supra. moreover, to the extent that justice breyer ar- 768 768 federal maritime comm'n v. south carolina ports authority tion vests in congress complete lawmaking authority over a ..... first amendment the right of a citizen to petition the federal government for a redress of grievances. see also united states v. cruikshank, 92 u. s. 542 , 552-553 (1876); cf. generally mark, the vestigial constitution: the history and significance of the right to petition, 66 ford. l. rev. 2153, 2227 (1998). the first principle applies here because only the ..... the federal maritime commission the authority to administer the act. the law grants the commission the authority to enforce the act in a variety of ways, for example, by making rules and 775 regulations, 1716 (1994 ed.), by issuing or revoking licenses, 1718 (1994 ed., supp. v), and by conducting investigations and issuing reports, see generally 1710 (1994 ed. and supp. v). .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-15-2002
..... 369. second, the court, like the government, accepts for purposes of this decision that the loan contracts guaranteed the absolute prepayment right petitioners allege. p. 141. (b) under applicable general contract law principles, whether petitioners' claims were filed "within six years after [they] first accrue[d]," 2501, depends upon when the government breached the prepayment undertaking stated in the promissory notes. ..... on the briefs were william l. roberts and mark j. blando. matthew d. roberts argued the cause for the united states. with him on the brief were acting solicitor general clement, assistant attorney general mccallum, james a. feldman, david m. cohen, and mark l. josephs.t justice ginsburg delivered the opinion of the court. the two cases consolidated for our ..... right of action first accrued; successive claimants laboring under a disability would be unprotected by any tolling proviso. see j. angell, limitations of actions 488, and n. 2 (6th ed. 1876). 147 every borrower of fmha loans, for example, would be forced to sue the government within six years of elihpa's enactment in order to preserve a claim stemming ..... petitioners-all of whom had entered into loan agreements before december 21, 1979, and were therefore 3 in 1992, congress passed the housing and community development act of 1992, 106 stat. 3672, codified in relevant part at 42 u. s. c. 1472(c) (1992 legislation). that provision, which had no effect on petitioners' loans, extended elihpa's restrictions to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-20-2002
..... matter. see id., at 362-364 (stevens, j., dissenting); id., at 346-349 (scalia, j., concurring in part). 492 opinion of thomas, j. years, in such manner as they shall by law direct." art. i, 2, cl. 3.2 the constitution describes the process both as "counting the whole numbers of persons" and as an "actual enumeration." dictionary definitions ..... nonrandomly, will resemble other individuals (not a "whole") selected by the fortuitous unavailability of data. l. kish, survey sampling 26 (1965) ("in statistical literature [sampling] is generally synonymous with random sampling"). and the bureau's immediate objective was the filling in of missing data; not extrapolating the characteristics of the "donor" units to an entire population. these ..... for the first congress, which was based on conjecture rather than a deliberately taken count. further support is added by contemporaneous general usage, as exemplified by late-18th-century dictionaries defining "enumeration" simply as an act of numbering or counting over, without reference to counting methodology, and by contemporaneous legal documents, in which "enumeration" does not ..... "). 506 opinion of thomas, j. no suggestion, however, that his additional "conjectures" were used for apportionment. see t. woolsey, the first century of the republic 221 (1876); alterman 205. "despite its deficiencies, the census provided the factual base about the american people which officials and scholars needed." cassedy 220. thus, while the court asserts that .....Tag this Judgment!