Volume 436 — United States Reports

This is a list of all the United States Supreme Court cases from volume 436 of the United States Reports:

California, and not the United States, has dominion over the submerged lands and waters within the one-mile belts surrounding Santa Barbara and Anacapa Islands within the Channel Islands National Monument.

Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978), is a landmark case in the area of federal Indian law involving issues of great importance to the meaning of tribal sovereignty in the contemporary United States. The Supreme Court sustained a law passed by the governing body of the Santa Clara Pueblo that explicitly discriminated on the basis of sex. In so doing, the Court advanced a theory of tribal sovereignty that weighed the interests of tribes sufficient to justify a law that, had it been passed by a state legislature or Congress, would have almost certainly been struck down as a violation of equal protection. Along with the watershed cases, United States v. Wheeler and Oliphant v.

Kulko v. Superior Court, 436 U.S. 84 (1978), was a United States Supreme Court case in which the court held that a parent allowing a child to overstay an agreed parenting plan in another state does not establish minimum contacts for the purpose of personal jurisdiction over that parent.

The Securities and Exchange Commission (Commission) has the authority under § 12(k) of the Securities Exchange Act of 1934 (Act) "summarily to suspend trading in any security . . . for a period not exceeding ten days" if "in its opinion the public interest and the protection of investors so require." Acting pursuant to § 12(k) and its predecessor, the Commission issued a series of summary 10-day orders continuously suspending trading in the common stock of a certain…

Held: “Title III requires the naming of a person in the application or interception order only when the law enforcement authorities have probable cause to believe that that individual is 'committing the offense' for which the wiretap is sought.” Id., at 155 .

Flagg Bros., Inc. v. Brooks, 436 U.S. 149 (1978), was a case decided by the Supreme Court of the United States wherein the constitutionality of New York's Uniform Commercial Code provision, which allows a warehouse to enforce a lien upon repossessed goods by selling said goods, was challenged under the Fourteenth Amendment. The Court held that the state-allowed re-sale provision did not constitute state action, and thus, the plaintiff did not possess a colorable federal due process claim.

Upon determining that certain carpentry work in petitioner's department store was being done by men who had not been dispatched from its hiring hall,… Held: The reasons why pre-emption of state jurisdiction is normally appropriate when union activity is arguably prohibited by federal law do not apply to this case, and therefore they are insufficient to preclude the State from exercising jurisdiction limited to the trespassory aspects of the Union's picketing. Pp. 190-198.

Petitioner assumed control of three corporations at a time when a delinquency existed for unpaid federal taxes withheld from employees' wages, while the specific funds withheld but not paid had been dissipated by predecessor officers and when the corporations had no liquid assets with which to pay the overdue taxes.

Section 6672 of the Internal Revenue Code of 1954 provides that "[a]ny person required to collect, truthfully account for, and pay over" federal taxes who "willfully fails" to do so, shall be liable to a "penalty" equal to the amount of the taxes in question.

Petitioner was convicted of mailing obscene materials and advertising brochures for such materials in violation of 18 U.S.C. § 1461 (1976 ed.), and the Court of Appeals affirmed. Since the materials were mailed prior to 1973, he was tried under the standards of Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498, and Memoirs v. Massachusetts, 383 U.S. 413, 86 S.Ct. 975, 16 L.Ed.2d 1 rather than under those of Miller v.

Appellee brought this action to obtain injunctive relief against a warrantless inspection of its business premises pursuant to § 8(a) of the Occupational Safety and Health Act of 1970 (OSHA), which empowers agents of the Secretary of Labor to search the work area of any employment facility within OSHA's jurisdiction for safety hazards and violations of OSHA regulations.

who at the time were serving state sentences in New York, were indicted on federal charges in the United States District Court for the Eastern District of New York, that court issued writs of habeas corpus ad prosequendum directing the state prison wardens to produce respondents in court. Subsequently, following their arraignments, respondents were retained in federal custody in New York City, but after trial dates had been set, they were returned to state prison.

Baldwin v. Fish & Game Commission of Montana, 436 U.S. 371 (1978), was a United States Supreme Court case that affirmed the right of the state of Montana to charge higher fees for out-of-state elk hunters.

In re Primus, 436 U.S. 412 (1978), was a United States Supreme Court case in which the Court held that solicitation of prospective litigants by nonprofit organizations that engage in litigation as a form of political expression and political association constitutes expressive and associational conduct entitled to First Amendment protection.

Ohralik v. Ohio State Bar Association, 436 US 447 (1978), was a decision by the Supreme Court of the United States that in-person solicitation of clients by lawyers was not protected speech under the First Amendment of the U.S. Constitution.

At petitioner's Kentucky state robbery trial, which resulted in his conviction, the trial court instructed the jury as to the prosecutor's burden of proof beyond a reasonable doubt but refused, inter alia , petitioner's requested instruction on the presumption of innocence. The robbery victim was the prosecution's only witness, and petitioner was the sole defense witness. The prosecutor in his opening statement related the circumstances of petitioner's arrest and indictment.

Held: has an absolute right to present its claims to federal forums. 17 As was recently reaffirmed in Vendo Co. v. Lektro-Vend Corp. , 434 U.S. 425 , 98 S.Ct. 702, 54 L.Ed.2d 659 (1978), if a lower court "mistakes or misconstrues the decree of this Court, and does not give full effect to the mandate, its action may be controlled . . . by a writ of mandamus to execute the mandate of this Court." In re Sanford Fork & Tool…

Michigan v. Tyler, 436 U.S. 499 (1978), is a United States Supreme Court case in which the Court held that firefighters can not enter a burned premises (in this case, a furniture store) to retrieve evidence of arson barring a search warrant, evidence of exigent circumstances, evidence of abandonment, or consent.

In 1925, Gulf Oil Corp. executed a lease under which it paid royalties for the exclusive right to produce and market oil and gas from certain land for 50 years. Held: The FPC acted within its statutory powers in requiring that respondents obtain permission to abandon interstate service.

Zurcher v. Stanford Daily, 436 U.S. 547 (1978), is a United States Supreme Court case from 1978 in which The Stanford Daily, a student newspaper at Stanford University, was searched by police who had suspected the paper to be in possession of photographs of a demonstration that took place at the university's hospital in April 1971. The Stanford Daily filed a suit claiming that under the protection of the First and Fourth Amendments of the Constitution, the warrants were unconstitutional and that the searches should have fallen under the context of subpoenas.

One Shaw filed an action for damages and injunctive relief under 42 U.S.C. § 1983 against petitioner and others, claiming that they had… Held: The District Court should have adopted the Louisiana survivorship law, which would have caused Shaw's action to abate. Pp. 590-595. (a) There is nothing in § 1983, despite its broad sweep, to indicate that a state law causing abatement of a particular action should invariably be ignored in favor of a rule of absolute survivorship.

The basic federal mining statute, 30 U.S.C. § 22, which derives from an 1872 law, provides that "all valuable mineral deposits in lands belonging… Held: inter alia, that respondent was entitled to access to Claim 22's water, and the Court of Appeals affirmed, adding sua sponte that Claim 22 itself is valid because of the water thereon. Held : Water is not a "valuable mineral" within the meaning of 30 U.S.C. § 22, and hence is not a locatable mineral thereunder. Pp. 610-617.

In an action for wrongful death on the high seas, the measure of damages is governed by the Death on the High Seas Act, 46 U.S.C. § 762, which limits a decedent's survivors' recovery to their "pecuniary loss," and hence the survivors are not entitled to recover additional damages under general maritime law for "loss of society." Pp. 620-626. 545 F.2d 422, reversed and remanded. Carl J. Schumacher, Jr., New Orleans, La., for petitioner.

Anticipating completion of the Trans Alaska Pipeline System (TAPS) in mid-1977, seven of its eight owners filed tariffs for the transportation of oil over TAPS with the Interstate Commerce… Held: Pursuant to § 15(7), the ICC is authorized to suspend initial tariff schedules of an interstate carrier subject to Part I of the Act, as it did here.

Monell v. Department of Social Services, 436 U.S. 658 (1978), is an opinion given by the United States Supreme Court in which the Court overruled Monroe v. Pape by holding that a local government is a "person" subject to suit under Section 1983 of Title 42 of the United States Code: Civil action for deprivation of rights. Additionally, the Court held that §1983 claims against municipal entities must be based on implementation of a policy or custom.

This litigation originated as a challenge to the validity of Illinois' Emergency Assistance to Needy Families with Children (EA) program under Title IV-A of the Social Security Act (SSA).

The Immigration and Naturalization Service brought proceedings to deport petitioner as an alien who had unlawfully entered the United States. Held: The Court of Appeals' decision, to the extent that it holds de novo review to be required only where the petitioner presents substantial evidence in support of his claim to citizenship, is contrary to the plain language and clear meaning of § 106(a)(5)(B), and there is nothing in the legislative history to indicate that Congress…

After a lengthy rulemaking proceeding, the Federal Communications Commission (FCC) adopted regulations prospectively barring the initial licensing or the transfer of newspaper-broadcast combinations… Held: The challenged regulations are valid in their entirety. Pp. 793-815. (a) The regulations which are designed to promote diversification of the mass media as a whole, are based on public-interest goals that the FCC is authorized to pursue.

The United States brought an antitrust suit against petitioner, a nonprofit">nonprofit cooperative association the members of which are integrated producers of broiler chickens. Held: Because not all of petitioner's members qualify as farmers under the Capper-Volstead Act, it is not entitled to the protection from the antitrust laws afforded by that Act. Case-Swayne Co. v. Sunkist Growers, Inc., 389 U.S. 384, 88 S.Ct. 528, 19 L.Ed.2d 621 (1967). Pp. 822-829.