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Topic: U 462


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In the News (Sat 26 Dec 09)

  
  FindLaw: Legal Subjects: Bankruptcy: Supreme Court Bankruptcy Cases
Energy Resources Co., 495 U.S. 545 (1990) (Bankruptcy court has the authority to order the IRS to treat tax payments made by Chapter 11 debtor corporations as trust fundpayments where the court determines that this designation is necessary for the success of a reorganization plan).
Shumate, 504 U.S. 753 (1992) (The plain language of the Bankruptcy Code and ERISA establishes that an antialienation provision in a qualified pension plan constitutes a restriction on transfer enforceable under "applicable nonbankruptcy law" for purposes of 541(c)(2)).
Strumpf, __ U.S. ___ (1995) (Petitioner's refusal to pay its debt to respondent upon the latter's demand was not a setoff within the meaning of 362(a)(7), and hence did not violate the automatic stay).
www.findlaw.com /01topics/03bankruptcy/cases.html   (1509 words)

  
 US Supreme Court Abortion Decision: Akron v. Akron - Clinics, Minors, Informed Consent, Waiting Period
[462 U.S. The woman is the one primarily concerned, and her awareness of the decision and its significance may be assured, constitutionally, by the State to the extent of requiring her prior written consent." Id., at 67.
Menillo, 423 U.S. 11 (1975); Roe, 410 U.S., at 165.
Socialist Workers Party, 440 U.S. Footnote 19] We also found that the additional requirement that the licensed hospital be accredited by the JCAH was "not `based on differences that are reasonably related to the purposes of the Act in which it is found.'" Doe, 410 U.S., at 194 (quoting Morey v.
www.priestsforlife.org /government/supremecourt/8306cityofakronvakroncenter.htm   (16592 words)

  
 Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747 (1986)
Chote, 411 U.S. 452, 456-457 (1973), inasmuch as the primary purpose of a preliminary injunction is to preserve the relative positions of the parties.
Ashcroft, 462 U.S. 476 (1983), the Court, by a 5-4 vote, but not by a controlling single opinion, ruled that a Missouri statute requiring the presence of a second physician during an abortion performed after viability was constitutional.
Franklin, 439 U.S. 379 (1979), as incorporating a holding that trade-offs between the health of the pregnant woman and the survival of her viable fetus are constitutionally impermissible under Roe v.
biotech.law.lsu.edu /cases/reproduction/thornburgh.htm   (13881 words)

  
 Akron v. Akron Center for Reproductive Health, Inc., 462 U. S. 416, 467 (1983)
Menillo, 423 U.S. 9, 11 (1975); Roe, 410 U.S., at 165.
Fitzpatrick, 428 U.S. 901 (1976), the District Court upheld a "humane disposal" provision against a vagueness attack in light of the State's representation that the intent of the Act "'is to preclude the mindless dumping of aborted fetuses onto garbage piles.'" 401 F.Supp., at 573.
Socialist Workers Party, 440 U.S. *fn19 We also found that the additional requirement that the licensed hospital be accredited by the JCAH was "not 'based on differences that are reasonably related to the purposes of the Act in which it is found.'" Doe, 410 U.S., at 194 (quoting Morey v.
biotech.law.lsu.edu /cases/reproduction/akron.htm   (13429 words)

  
 INS V CHADHA
[462 U.S. facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such suspension.
[462 U.S. qualified veto power is a critical element in the distribution of powers under the Constitution, widely endorsed among the Framers, and intended to serve the President as a defense against legislative encroachment and to check the "passing of bad laws, through haste, inadvertence, or design." The Federalist No. 73, p.
[462 U.S. determination whether the statutory conditions have been met, which generally involves a question of law, and a determination whether relief shall be granted, which [ultimately] is confided to the sound discretion of the Attorney General [and his delegates]." 2 C. Gordon and H. Rosenfield, Immigration Law and Procedure 7.9a(5), p.
www.sou.edu /polisci/pavlich/INS_V_CHADHA.html   (15950 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
Arkansas, 393 U.S. The District Court therefore held that the Creationism Act violated the Establishment Clause either because it prohibited the teaching of evolution or because it required the teaching of creation science with the purpose of advancing a particular religious doctrine.
Graham, 449 U.S. Although the Act as finally enacted does not contain explicit reference to its religious purpose, there is no indication in the legislative history that the deletion of "creation ex nihilo" and the four primary tenets of the theory was intended to alter the purpose of teaching creation science.
Maryland, 366 U.S. In the context of a challenge under the Establishment Clause, interference with the decisions of these authorities is warranted only when the purpose for their decisions is clearly religious.
caselaw.lp.findlaw.com /scripts/getcase.pl?court=US&vol=482&invol=578   (16492 words)

  
 Encyclopedia :: encyclopedia : Printz v. United States   (Site not responding. Last check: 2007-09-21)
Scalia refers to the “Dual Sovereignty” established by the U.S. Constitution that federalism is built upon.
Perhaps legislatures are inherently uncommandable as to the outcome of their legislation, but they are commanded all the time as to what subjects they shall legislate upon--commanded, that is, by the people, in constitutional provisions that require, for example, the enactment of annual budgets or forbid the enactment of laws permitting gambling.
More importantly, the fact that Congress did elect to rely on state judges and the clerks of state courts to perform a variety of executive functions, see ante, at 5-6, is surely evidence of a contemporary understanding that their status as state officials did not immunize them from federal service.
www.hallencyclopedia.com /Printz_v._United_States   (16788 words)

  
 Adams v. Robertson, 520 U.S. 83 (1997)   (Site not responding. Last check: 2007-09-21)
Escondido, 503 U.S., 533 (1992), we have adhered to the rule in reviewing state court judgments under 28 U.S.C. that we will not consider a petitioner's federal claim unless it was either addressed by, or properly presented to, the state court that rendered the decision we have been asked to review.
RotaryClub of Duarte, 481 U.S., 550 (1987), and the aggrieved party bears the burden of defeating this assumption, ibid., by demonstrating that the state court had "a fair opportunity to address the federal question that is sought to be presented here," Webb v.
New York, 394 U.S. In some cases, we have focused on the need for petitioners either to establish that the claim was raised " `at the time and in the manner required by the state law,' " Bankers Life & Casualty Co. v.
supct.law.cornell.edu /supct/html/95-1873.ZPC.html   (2064 words)

  
 Annotated Constitution pg 1242
462 U.S. The opinion of the Court, written by Justice Rehnquist, was joined by Chief Justice Burger and by Justices White, Blackmun, Powell, and O'Connor.
When consent is obtained through the deception of an undercover officer or an informer gaining admission without, of course, advising a suspect who he is, the Court has held that the suspect has simply assumed the risk that an invitee would betray him, and evidence obtained through the deception is admissible.
Karo, 468 U.S. 705 (1984) (installation of beeper with consent of informer who sold container with beeper to suspect is permissible with prior judicial approval, but use of beeper to monitor private residence is not).
www.eco.freedom.org /ac92/ac92pg1242.shtml   (565 words)

  
 INS v. CHADHA, 462 U.S. 919 (1983)
United States, 295 U.S. Clearly, however, "[i]n the framework of our Constitution, the President's power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker." Youngstown Sheet and Tube Co. v.
Hochfelder, 425 U.S. The bicameral process is not necessary as a check on the Executive's administration of the laws because his administrative activity cannot reach beyond the limits of the statute that created it - a statute duly enacted pursuant to Art.
INS, 375 U.S. (1963), relied on by JUSTICE POWELL, addressed only "whether a refusal by the Attorney General to grant a suspension of deportation is one of those `final orders of deportation' of which direct review by Courts of Appeals is authorized under 106(a) of the Act." Id., at 221.
www.politics.pomona.edu /INSVsChadha.html   (16537 words)

  
 INS v. CHADHA, 462 U.S. 919 (1983) -- US Supreme Court Cases from Justia & Oyez
US Supreme Court Center> US Supreme Court Cases and Opinions> Volume 462 > INS v.
CHADHA, 462 U.S. Subscribe to Cases that cite 462 U.S. Free Cobrand US Cases
The fact that Chadha may have other statutory relief available to him does not preclude him from challenging the constitutionality of 244(c)(2), especially where the other avenues of relief are at most speculative.
supreme.justia.com /us/462/919/index.html   (840 words)

  
 STENBERG V. CARHART   (Site not responding. Last check: 2007-09-21)
Jacksonville, 422 U.S., 216 (1975) (“[A] state statute should not be deemed facially invalid unless it is not readily subject to a narrowing construction by the state courts”); Frisby v.
Carmichael, 526 U.S., 149—152 (1999) (observing that the reliability of a scientific technique may turn on whether the technique can be and has been tested; whether it has been subjected to peer review and publication; and whether there is a high rate of error or standards controlling its operation).
Armstrong, 520 U.S. (per curiam), in which we stated: “[E]ven assuming …that a legislative purpose to interfere with the constitutionally protected right to abortion without the effect of interfering with that right … could render the Montana law invalid–there is no basis for finding a vitiating legislative purpose here.
supct.law.cornell.edu /supct/html/99-830.ZD3.html   (11619 words)

  
 Capital Defense Weekly
Esprarza, 540 US --- (11/3/2003) Ohio’s failure to charge in the indictment that Esparza was a “principal” was not the functional equivalent of “dispensing with the reasonable doubt requirement." The Sixth Circuit should have used a harmless error analysis and here, the Court holds, any error harmless beyond a reasonable doubt.
By marshaling data on the 305 cases in which the U.S. Justice Department has sought the death penalty in federal courts since the sentence was enacted in 1988, McNally has emerged as an authority on Attorney General Ashcroft's pursuit of the federal death penalty.
The justices agreed to review a ruling that U.S. courts lack jurisdiction to consider claims by a group of detainees held without access to their families or to lawyers, and held without any charges brought against them.
www.capitaldefenseweekly.com /archives/031110.htm   (7145 words)

  
 Hunte Law Group, P.C. | Articles
The subject is examined in light of: the tension between precedent and responsiveness to social change; the intent of the founding fathers and the needs of a global society in a hyperlinked world; and the need to keep the economy competitive versus maximum efficiency in a highly regulated industry.
The Twenty-First Amendment to the U.S. Constitution allows the states to regulate alcohol as a comprehensive health and safety measure for its citizens; however, the laws enacted by the individual states must still pass constitutional muster and are not exempt from scrutiny by the remaining provisions of the Constitution.
Under the Tenth Amendment (1791) to the U.S. Constitution, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
www.huntelaw.com /art_073103.htm   (4967 words)

  
 BURGER KING CORP. v. RUDZEWICZ, 471 U.S. 462 (1985) -- US Supreme Court Cases from Justia & Oyez
RUDZEWICZ, 471 U.S. 462 (1985) -- US Supreme Court Cases from Justia & Oyez
US Supreme Court Center> US Supreme Court Cases and Opinions> Volume 471 > BURGER KING CORP. v.
The State of Florida's long-arm statute extends jurisdiction to "[a]ny person, whether or not a citizen or resident of this state," who, inter alia, "[b]reach[es] a contract in this state by failing to perform acts required by the contract to be performed in this state," so long as the cause of action
supreme.justia.com /us/471/462/index.html   (780 words)

  
 AKRON v. AKRON CENTER FOR REPRODUCTIVE HEALTH, 462 U.S. 416 (1983) -- US Supreme Court Cases from Justia & Oyez
US Supreme Court Center> US Supreme Court Cases and Opinions> Volume 462 > AKRON v.
AKRON CENTER FOR REPRODUCTIVE HEALTH, 462 U.S. Subscribe to Cases that cite 462 U.S. Free Cobrand US Cases
Page 462 U.S. departs from accepted medical practice, it may not be upheld simply because it may be reasonable for the remaining portion of the trimester.
www.justia.us /us/462/416/index.html   (653 words)

  
 U-Boat Operations
We have 92 crew names for this boat.
click here for crew names of U 462
Note that the number of names we give possibly includes prior crew members.
www.ubootwaffe.net /ops/boat.cgi?boat=462   (537 words)

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