Volume 407 — United States Reports

The Bremen v. Zapata Off-Shore Company, 407 U.S. 1 (1972), was a United States Supreme Court case in which the Court considered when a U.S. court should uphold the validity of a contractual forum selection clause.

Argersinger v. Hamlin, 407 U.S. 25 (1972), is a United States Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel. Gideon v. Wainwright made the right to counsel provided in the Sixth Amendment applicable to the states through the Fourteenth Amendment.

Fuentes v. Shevin, 407 U.S. 67 (1972), was a case decided by the Supreme Court of the United States wherein petitioners challenged the constitutionality of the Uniform Commercial Code provisions of two states, Florida and Pennsylvania, which allowed for the summary seizure of a person's goods or chattels under a writ of replevin. The statutes were challenged under the Fourteenth Amendment. The Court held that the statutes acted as deprivations of plaintiff's property without due process. The Court noted that seizure without notice and the opportunity for a hearing is acceptable only under limited circumstances: The seizure is necessary for an important public or government interest, There is a need for prompt action, and The seizure is initiated by an agent of the government.

$Appellant, arrested for disorderly conduct when he failed, notwithstanding several requests by an officer, to leave a congested roadside where a friend in another… Held: The disorderly conduct statute was not unconstitutionally applied, there having been ample evidence that the action of appellant, who had no constitutional right to observe the ticketing process or engage the issuing officer in conversation, was interfering with enforcement of traffic laws. Pp. 108—110. 2.

Kansas recoupment statute enabling State to recover in subsequent civil proceedings legal defense fees for indigent defendants, invalidated by District Court as an infringement on the right to counsel, held to violate the Equal Protection Clause in that, by virtue of the statute, indigent defendants are deprived of the array of protective exemptions Kansas has erected for other civil judgment debtors. Pp. 129—142. 323 F.Supp. 1230, affirmed.

Adams v. United States, 407 U.S. 143 (1972), is a United States Supreme Court in which the Court held that tips from a known informant can create enough reasonable suspicion to justify a patdown under Terry v. Ohio.

Appellee Irvis, a Negro guest of a member of appellant, a private club, was refused service at the club's dining room and bar solely because of his race. Held: Appellee, who had no applied for or been denied membership in appellant private club, had no standing to contest appellant's membership practices.

Pennsylvania v. New York was a case that was heard in 1972 before the U.S. Supreme Court. The initial filing was allowed at 407 U.S. 206 and the final decision was ordered at 407 U.S. 223 (1972).

Title 42 U.S.C. § 1983, which authorizes a suit in equity to redress the deprivation under color of state law 'of any rights, privileges, or immunities secured by the Constitution . . .,' is within that exception of the federal anti-injunction statute, 28 U.S.C. § 2283, which provides that a federal court may not enjoin state court proceedings 'except as expressly authorized by Act of Congress.' And in this § 1983 action, though the principles of equity, comity, and…

Petitioner, who was given a five-year sentence, was referred under an ex parte order to the Patuxent Institution for examination to… Held: in the circumstances of this case, it is a denial of due process to continue to hold petitioner on the basis of an ex parte order committing him to observation without the procedural safeguards commensurate with a long-term commitment, Jackson v. Indiana, 406 U.S. 715, 92 S.Ct. 1845, 32 L.Ed.2d 435; and without affording him those…

Flood v. Kuhn, 407 U.S. 258 (1972), was a decision by the Supreme Court of the United States that preserved the reserve clause in Major League Baseball (MLB) players' contracts. By a 5–3 margin, the Court reaffirmed the antitrust exemption that had been granted to professional baseball in 1922 under Federal Baseball Club v. National League, and previously affirmed by Toolson v. New York Yankees, Inc. in 1953. While the majority believed that baseball's antitrust exemption was anomalous compared to other professional sports, it held that any changes to the exemption should be made through Congress and not the courts. The National League had instituted the reserve clause in 1879 as a means of limiting salaries by keeping players under team control.

United States v. U.S. District Court, 407 U.S. 297 (1972), also known as the Keith Case, is a landmark decision of the United States Supreme Court that upheld, in a unanimous 8-0 ruling, the requirements of the Fourth Amendment in cases of domestic surveillance targeting a domestic threat.

City charter provision authorizing municipal court clerks to issue arrest warrants for breach of municipal ordinances held to comport with requirements of the Fourth Amendment that warrants be issued by a neutral and detached magistrate who must be capable of determining whether probable cause exists for issuance of the warrant.

Petitioner in this habeas corpus proceeding challenged on Fifth and Sixth Amendment grounds the introduction at his trial of a post-indictment, pretrial confession he made to a police officer posing as a fellow prisoner.

Petitioner union and three of its officers were convicted of conspiracy to violate 18 U.S.C. § 610, which prohibited a labor organization from making a contribution or an expenditure in connection… Held: Section 610, as confirmed by the Federal Election Campaign Act, does not apply to contributions or expenditures from voluntarily financed union political funds.

In 1967, Emporia, Virginia, which is located in the center of Greensville County, changed from a 'town' to a politically independent 'city' authorized by state law to provide its own school">public… Held: In determining whether realignment of school districts by officials comports with the requirements of the Fourteenth Amendment, courts will be guided, not by the motivation of the officials, but by the effect of their action. Pp. 461—462. 2.

A state statute authorized creation of a new school district for Scotland Neck, N.C., a city that was part of the larger Halifax County… Held: Whether the action affecting dismantling of a dual school system is initiated by the legislature or by the school board is immaterial, North Carolina State Board of Education v. Swann, 402 U.S. 43, 91 S.Ct. 1284, 28 L.Ed.2d 586; the criterion is whether the dismantling is furthered or hindered by carving a new school district from…

Petitioner contends in this habeas corpus proceeding that the systematic exclusion of Negroes from the grand jury that indicted him and the petit jury that convicted him deprived him of his rights to… Held: The judgment is reversed. Pp. 495—507. 5 Cir., 441 F.2d 370, reversed and remanded. Mr. Justice MARSHALL, joined by Mr. Justice DOUGLAS and Mr. Justice STEWART, concluded that: 1.

Barker v. Wingo, 407 U.S. 514 (1972), was a United States Supreme Court case involving the Sixth Amendment to the U.S. Constitution, specifically the right of defendants in criminal cases to a speedy trial. The Court held that determinations of whether or not the right to a speedy trial has been violated must be made on a case-by-case basis, and set forth four factors to be considered in the determination.

Petitioner had a rule against solicitational activities in its stores and parking lots. Held: under the circumstances existing, to be within the protection of the First Amendment. The Court of Appeals, agreeing, ordered enforcement of the NLRB's order. Held: Logan Valley, decided on constitutional grounds, is not applicable to this § 7 case, which the Court of Appeals should now reconsider in the light of Babcock.

Lloyd Corp. v. Tanner, 407 U.S. 551 (1972), was a United States Supreme Court ruling that the passing out of anti-war leaflets at the Lloyd Center in Portland, Oregon, was an infringement on property rights. This differed from Marsh v. Alabama (1946) and Amalgamated Food Employees Union v. Logan Valley Plaza (1968) in that Marsh had the attributes of a municipality and Logan Valley related to picketing a particular store, while the current case, the distribution of leaflets, is unrelated to any activity in the property.

Held: with respect tó the procedural requirements of § 102, that the Commission’s hearings and consultation with other agencies satisfied the command that a “systematic, interdisciplinary approach” be utilized. 4 It also found that the Commission’s final opinion which contained its environmental findings would, under the circumstances, suffice as an environmental impact statement.