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Judgment Search Results Home > Cases Phrase: rationale Court: us supreme court Year: 1999 Page 1 of about 76 results (0.056 seconds)

Mar 31 1999 (FN)

Alden Vs. Maine

Court : US Supreme Court

Decided on : Mar-31-1999

..... from suit in a state's own courts, regardless of the federal source of the claim asserted against the state. if one were to read the court's federal structure rationale in isolation from the preceding portions of the opinion, it would appear that the court's position on state sovereign immunity might have been rested entirely on federalism alone. if ..... is not for me to say which way the court should turn; but in either case it is clear that alden's suit should go forward. ii the court's rationale for today's holding based on a conception of sovereign immunity as somehow fundamental to sovereignty or inherent in statehood fails for the lack of any substantial support for such ..... basis for saying that the ratification of the tenth amendment gave this "fundamental aspect" its constitutional status and protection against any legislative tampering by congress.2 the court's principal rationale for today's result, then, turns on history: was the natural law conception of sovereign immunity as inherent in any notion of an independent state widely held in the united ..... of the cases discussing state-court immunity may be dismissed out of hand. the footnote digressions in atascadero state hospital and thiboutot were irrelevant to either opinion's holding or rationale. the discussion in will was also unnecessary to the decision; our holding that 42 u. s. c. 1983 did not create a cause of action against the states rendered it .....

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Mar 02 1999 (FN)

El Paso Natural Gas Co. Vs. Neztsosie

Court : US Supreme Court

Decided on : Mar-02-1999

..... attention of congress either, congress probably would never have expected an occasion for asserting tribal jurisdiction over claims like these. now and then silence is not pregnant. because the comity rationale for tribal exhaustion normally appropriate to a tribal court's determination of its jurisdiction stops short of the price-anderson act, the district 488 court should have decided whether respondents ..... , and administrative or judicial decisions," id., at 855-856 (footnote omitted). the same "considerations of comity," iowa mut. ins. co. v. laplante, 480 u. s. 9 , 15 (1987), provided the rationale for extending the doctrine to cases where a defendant in tribal court asserts federal-diversity jurisdiction in a related action in district court. id., at 16. exhaustion was appropriate in ..... from deciding a question of tribal-court jurisdiction until the tribal courts themselves had addressed the matter. the court of appeals approved the abstention on the theory that the comity rationale underlying the tribal exhaustion doctrine applied. see 136 f. 3d, at 613-615, 620. we think, however, that it does not. national farmers union ins. coso v. crow tribe, 471 .....

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Jun 10 1999 (FN)

Chicago Vs. Morales

Court : US Supreme Court

Decided on : Jun-10-1999

..... not just in its particular application to the party in suit. to tell the truth, it is highly questionable whether federal courts have any business making such a declaration. the rationale for our power to review federal legislation for constitutionality, expressed in marbury v. madison, 1 cranch 137 (1803), was that we had to do so in order to decide the ..... case before us. but that rationale only extends so far as to require us to determine that the statute is unconstitutional as applied to this party, in the circumstances of this case. 75 that limitation was .....

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May 17 1999 (FN)

Saenz Vs. Roe

Court : US Supreme Court

Decided on : May-17-1999

..... their original domicile. ibid. but this "you can't take it with you" distinction is more apparent than real, and offers little guidance to lower courts who must apply this rationale in the future. welfare payments are a form of insurance, giving impoverished individuals and their families the means to meet the demands of daily life while they receive the necessary ..... bear any relationship to the state's interest in making an equitable allocation of the funds to be distributed among its needy citizens. as in shapiro, we reject any contributory rationale for the denial of benefits to new residents: "but we need not rest on the particular facts of these cases. appellants' reasoning would logically permit the state to bar new .....

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Oct 05 1999 (FN)

Smith Vs. Robbins

Court : US Supreme Court

Decided on : Oct-05-1999

..... effective,'" evitts v. lucey, 469 u. s. 387 , 392 (1985) (quoting griffin, 351 u. s., at 20 (plurality opinion)). a as we have admitted on numerous occasions, "'[t]he precise rationale for the griffin and douglas lines of cases has never been explicitly stated, some support being derived from the equal protection clause of the fourteenth amendment and some from the ..... . of health, 497 u. s. 261 (o'connor, j., concurring). pp. 272-276. 2. california's wende procedure does not violate the fourteenth amendment. pp. 276-284. (a) the precise rationale for the griffin and douglas line of cases has never been explicitly stated, but this court's case law reveals that the equal protection and due process clauses of the .....

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Jan 25 1999 (FN)

Atandt Corp. Vs. Iowa Utilities Bd.

Court : US Supreme Court

Decided on : Jan-25-1999

..... it could use its control of local service to place its long-distance competitors at a disadvantage. see t. krattenmaker, telecommunications law and policy 411-412 (2d ed. 1998) (explaining rationale of the decree). and though some argued that any such special advantages were innocent, rather like those enjoyed by a transcontinental airline that dominates a local hub, others claimed they ..... that would not be sustainable with increased competition); robinson, the titanic remembered: at&t and the changing world of telecommunications, 5 yale j. reg. 517, 537 (1988) (arguing that the rationale for the decree's restrictions on local service companies was "just as persuasive" as that underlying the decree). the act before us responds to this argument by changing the postdecree .....

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Jan 13 1999 (FN)

West Covina Vs. Perkins

Court : US Supreme Court

Decided on : Jan-13-1999

..... necessary in a case such as the one before us because the property owner would have no other reasonable means of ascertaining who was responsible for his loss. no similar rationale justifies requiring individualized notice of state-law remedies which, like those at issue here, are established by published, generally available state statutes and case law. once the property owner is ..... taken property is necessary in a case such as this one because the owner has no other reasonable means of ascertaining who is responsible for his loss. however, no similar rationale justifies requiring notice of state-law remedies which, like those at issue here, are established by published, generally available state statutes and case law. cf., e. g., reetz v. michigan .....

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May 17 1999 (FN)

Florida Vs. White

Court : US Supreme Court

Decided on : May-17-1999

..... for road safety makes acceptable such unchecked and potentially permanent seizures of automobiles under the state's criminal laws. and, as the florida supreme court cogently explained, an exigent circumstance rationale is not available when the seizure is based upon a belief that the automobile may have been used at some time in the past to assist in illegal activity and .....

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Nov 09 1999 (FN)

Martinez Vs. Court of Appeal of Cal., Fourth Appellate Dist.

Court : US Supreme Court

Decided on : Nov-09-1999

..... right. accordingly, the judgment of the california supreme court is affirmed. it is so ordered. justice kennedy, concurring. to resolve this case it is unnecessary to cast doubt upon the rationale of faretta v. california, 422 u. s. 806 (1975). faretta can be accepted as quite sound, yet it does not follow that a convicted person has a similar right of .....

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Jun 23 1999 (FN)

Florida Prepaid Postsecondary Ed. Expense Bd. Vs. College Savings Bank

Court : US Supreme Court

Decided on : Jun-23-1999

..... ). in addition, congress found that state infringement of patents was likely to increase. h. r. rep. no. 101-960, pt. 1, at 38. the court's opinion today dismisses this rationale: "at most, congress heard testimony that patent infringement by states might increase in the future and acted to head off this speculative harm." ante, at 641 (citations omitted). in fact .....

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