Volume 397 — United States Reports

This is a list of all the United States Supreme Court cases from volume 397 of the United States Reports:

Held: when there are no allegations tying union and employer together, the union is suable in the District Court for breach of duty but resort must be had to the Adjustment Board for a remedy against the employer. 6 Affirmed. 7 THE CHIEF JUSTICE would dismiss the writ of certiorari as improvidently granted. 1 Section 3 First (i) of the Railway Labor Act, 45 U.S.C. § 153 First (i), authorizes reference to the Adjustment…

Held: however, that this was not a proper case for abstention, saying that “if the question had been presented to an Alaska court, it would have shared our conviction that the challenged gear licensing scheme is not supportable.” 297 F. Supp., at 304 . The three-judge panel was a distinguished one, two being former Alaska lawyers.

Arkansas v. Tennessee, 397 U.S. 88 (1970), was a case decided by the United States Supreme Court to settle a dispute between the states of Arkansas and Tennessee as to where a portion of the boundary line between the states should run.

Held: for venue purposes, that the statute prohibiting alien crewmen from remaining in the United States after their permits expired contemplated that the offense would continue as long as the crewman remained in this country and the statute of limitations did not start to run when he first overstayed his permit.

Pike v. Bruce Church, Inc., 397 U.S. 137 (1970), was a case in which the Supreme Court of the United States held that power of states to pass laws interfering with interstate commerce is limited when the law poses an undue burden on businesses.

Goldberg v. Kelly, 397 U.S. 254 (1970), is a case in which the Supreme Court of the United States ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution requires an evidentiary hearing before a recipient of certain government welfare benefits can be deprived of such benefits.

Held: the state law did not 'authorize' state filing of federal lien notices, and the filing of a notice in the appropriate federal district court was fufficient to give the lien priority against subsequent purchasers. 5 In 1966, just before the last statutory waiver executed by Donnelly expired, the United States brought suit in federal court to foreclose its tax lien on the Livingston County property, now owned by the…

Illinois v. Allen, 397 U.S. 337 (1970), was a decision by the Supreme Court of the United States regarding the removal of an unruly criminal defendant during his trial. In its decision, the court ruled that a trial judge may remove a stubbornly defiant defendant from the courtroom, following a warning from the judge that he will be removed if his disruptive behavior continues. Additionally, the court outlined other remedies available to judges faced with such conduct.

In re Winship, 397 U.S. 358 (1970), was a United States Supreme Court decision that held that "the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged." It established this burden in all cases in all states (constitutional case).

Waller v. Florida, 397 U.S. 387 (1970), was a decision by the United States Supreme Court, which held that the Double Jeopardy Clause protects defendants from successive prosecutions by states and municipalities for offenses based on the same criminal conduct.

from pages 397-398 intentionally omitted] Lee A. Albert, New York City, for petitioners. Philip Weinberg, New York City, for respondents. Mr. Justice HARLAN delivered the opinion of the Court. 1 The present controversy, which involves the compatibility of the New York Social Services Law, McKinney's Consol. Laws, c. 55 (c. 184, L. 1969) with § 402(a)(23) of the Social Security Act of 1935, as amended, 81 Stat. 898, 42 U.S.C. § 602(a)(23) (1964 ed., Supp.

Ashe v. Swenson, 397 U.S. 436 (1970), was a decision by the United States Supreme Court, which held that "when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit." The Double Jeopardy Clause prevents a state from relitigating a question already decided in favor of a defendant at a previous trial. Here, the guarantee against double jeopardy enforceable through the Fifth Amendment provided that where the defendant was acquitted of robbing one victim, the government could not prosecute the criminal defendant in a second trial for a different victim in the same robbery.

Dandridge v. Williams, 397 U.S. 471 (1970), was a United States Supreme Court case based on the Equal Protection Clause of the Fourteenth Amendment. It held that a state can cap welfare based on the Aid to Families with Dependent Children at $250.00 per month regardless of the family's size or need. The plaintiffs were attempting to make the amount variable based on size.

Held: that the payments to the consulting firm for the pre-merger determination of fair value were a non-deductible capital outlay. But the District Court held that the fees and costs related to the post-merger appraisal proceeding itself were deductible. 285 F.Supp. 617 (D.C.N.D.Ill.1968).

Walz v. Tax Commission of the City of New York, 397 U.S. 664 (1970), was a case before the United States Supreme Court. The Court held that grants of tax exemption to religious organizations do not violate the Establishment Clause of the First Amendment. It was the first case to articulate the "excessive entanglement doctrine" that one year later became the third prong of the Lemon test.

Rowan v. Post Office Dept., 397 U.S. 728 (1970), is a case in which the United States Supreme Court ruled that an addressee of postal mail has sole, complete, unfettered and unreviewable discretion to decide whether he or she wishes to receive further material from a particular sender, and that the sender does not have a constitutional right to send unwanted material into someone's home. It thus created a quasi-exception to free speech in cases in which a person is held as a "captive audience".

Brady v. United States, 397 U.S. 742 (1970), was a United States Supreme Court case in which the Court refused to hold that large sentencing discounts and threats of the death penalty are sufficient evidence of coercion.

Parker v. North Carolina, 397 U.S. 790 (1970), was a United States Supreme Court case in which the Court ruled that a plea agreement was valid even if the defendant entered into it in order to avoid the death penalty and even if his decision was based on a possibly mistaken belief on the part of the defendant and his lawyer that a confession the defendant had made would be admissible in court.